The Supreme Court of Appeals of Virginia. the jurisprudence of this State shall be governed by the great principles of law and by a fearless determination on the part of her judiciary to declare and uphold that which is just and right." As legislator, governor, and judge he served his State fifty-six years. The engraving of Judge Cabell which accompanies this sketch is taken from a portrait by the famous French artist Saint-Memmin. Judge Cabell's opinions were never char acterized by a strict adherence to the rigid rules of the common law, but to the more liberal principles of the equity courts. No man ever sat on the Supreme Bench of Vir ginia who had less pride of opinion than he. A notable instance of this is found in the famous case of Davis v. Turner (4 Gratt. 422). Until the decision of that case, the courts of Virginia had followed Edwards v. Harben (2 T. R. 587), decided by the Court
42
329
of King's Bench in 1788, which had estab lished what is known as the doctrine of fraud per se. This doctrine was assailed by Judge Baldwin, in a very able opinion, in Davis v. Turner. Judge Cabell, after an exhaustive discussion, said, with great candor, that he had changed his opinion, but not without a struggle; yet he would never permit the pride of self-consistency to stand in the path of duty; and he cheerfully changed the opinion which he had theretofore enter tained, which would restore the law to the solid foundation of good sense and sound morals. The principles decided in Davis v. Turner are the law of Virginia at this day. The case was decided at the January Term, 1848. The General Assembly, which was in session at the time of Judge Cabell's death, adjourned " as an act of respect for his pub lic services."
