of a proceeding to assign dower. Cagle v. Parker, 97 N. C. 271, discusses the question of easements and how they may be created. Hussey v. R. R., 98 N. C. 34, maintains that an action will lie against a corporation for torts such as slander, libel, and malicious prosecution. McCanless v. Flinchum, lb. 358, is a very full discussion of the home stead. State v. Emery, lb. 668, is one of many cases sustaining the widely recognized doctrine that on the trial of an indictment for retailing liquor without license, the bur den is on the defendant to show a license. Smith v. R. R., 99 N. C. 241, is one of many cases in this State holding that if the facts be admitted or proved, what is negligence or contributory negligence is a question of law. Troy v. R. R., Ib. 298, lays down what is now the settled rule as to contributory negli gence Foundry Co. v. Killian, Ib. 501, decides that unpaid balances on subscription to the capital stock of a company may be subjected to the payment of its debts. Michael v. Foil, ico N. C. 178, considers the doctrine of privileged communication as applicable to lawyer and client. Goodman v. Sapp, 102 N. C. 477, holds that in civil cases the failure of a party to go upon the stand as a witness is the proper subject of comment whenever the circumstances are such as would make the non-introduction of any other witness the subject of comment. This has since been considered and re affirmed in Hudson v. Jordan, 108 N. C. 10, and s. C. 110 N. C. 250. Judge Davis married, in October, 1852, Miss Catherine Shaw, of Louisburg, by whom he left several children. She died in 1881; and in 1883 he married Miss Louisa Kittrell, who survives him. Judge Davis died at his home in Louis burg, Aug. 7, 1892. No man ever more completely had the entire confidence of the people. His name was the synonym of candor, honesty, and singleness of purpose. For the last few months his life was per ceptibly ebbing away, and when the end came,
"Night dews fall not more gently to the ground, Nor weary worn-out winds expire more soft." His funeral was one of the most largely attended ever seen in his section, and every thing betokened the love, esteem, and prefound respect of the people among whom he had so long lived. He was succeeded by Judge James C. MacRae. The Present Court. These sketches were not intended to em brace the present occupants of the bench. A sense of propriety forbids. The following bare data are taken from publications heretofore made. Augustus Summerfield Merrimon, the seventh Chief-Justice, was born in Transyl vania County N. C, Sept. 15, 1830. In 1860 he was elected to the House of Commons, and in 1861 he entered the army as Quarter master, with the rank of Captain, but was soon elected Solicitor of his district, and served till the close of the war. He was elected a Judge of the Superior Court in 1866, but resigned in August, 1867, rather than obey orders issued by military au thority. He was nominated by the Demo cratic party for Supreme Court judge in 1868, but was defeated with his ticket. He was the Democratic candidate for Governor in 1872, and was again defeated; but the legislature that winter elected him to the United States Senate, and he served 187379. Upon the resignation of Judge Ruffin he was appointed by Governor Jarvis, Sept. 29, 1883, to succeed him as Associ ate Justice of the Supreme Court, and at the next general election he was elected by the people. Upon the death of Chief-Justice Smith he was appointed by Governor Fowle, Nov. 16, 1889, to succeed him, and was elected by the people in 1890. His opin ions begin in the 89 N. C.1 James Edward Shepherd was born in Nansemond County, Va., July 26, 1846. 1 Chief-Justice Merrimon died since the above was put in type, at his home in Raleigh, N. C, Nov. 14, 1892. He was succeeded by Hon. J. E. Shepherd. — Ed.
