Page:The Green Bag (1889–1914), Volume 13.pdf/575

became nothing less than astonishing at the are and think for yourself. This he cer union of the two. His quickness of per tainly did, and moreover he expressed him ception amounted almost to intuition. His self in language characterized by racy vigor learning was profound; yet he was no mere and almost colloquial directness. No judge follower of precedent, no mere directory of has ever been plainer in denunciation of cases. He was able to take up the confused ancient technicalities. In Couldery r. Barmass of the law and mould it to the ends of trum, 19 Ch. D. 394, he said: "According to justice. No matter what the subject under the English law a creditor might accept any discussion was—and no branch of the law thing in satisfaction of a debt except a less seemed unfamiliar to him—he was alike amount of money. He might take a horse clear, practical and profound. or a canary or a tomtit if he chose, and that Such achievements are possible only was accord and satisfaction; but by a most extraordinary peculiarity of the English law to a man gifted with the swiftest appre he could not take 195. 6d. in the pound. That hension and the most ample and tena cious memory. It was these faculties which was one of the mysteries of the English com enabled him to deal with such extraordinary mon law, and as every debtor had not on sagacity with facts, however numerous and hand a stock of canary birds or tomtits or complicated, and to deliver occasionally rubbish of that kind it was felt desirable to those judgments in which the statement of bind the creditors," etc. Of authorities which conflicted with his views of equity he was not facts gives at once the reasoning and the con clusion. His mind was of that high order always as tolerant as he was in the case of which, while never overlooking the details, Jackson's Will, 13 Ch. 189, where, in speak takes a broad and common sense view of the ing of the question whether a reversionary interest in personality should be excluded whole. The excellence of his judicial opinions be from a gift of "any estate or interest what comes truly marvelous when we are assured ever," he said: "I see no reason whatever that he never reserved judgment except in why it should; but not wishing to speak deference to the wishes of a colleague, and disrespectfully of some of the decisions I that he never read a written opinion. A re shall say nothing further about it." In Re markable feat of this kind was his decision in National Funds Assurance Co., и Ch. D. the great Epping Forest case, concerning the 118, he began his opinion thus: "This ancient rights of twenty manors. The hear question is one of great difficulty by reason ing lasted twenty-two days, one hundred and of the authorities, and my decision may fifty witnesses having been examined. Jessel possibly not be reconcilable with one or more delivered judgment orally immediately upon of them. In the view which I take of them I conclusion of the evidence, and no appeal think they do not, when fairly considered, was taken from his decision, although the prevent my arriving at the conclusion at largest forest in the vicinity of London was which I should have arrived had there been thereby thrown open to the public. "I may no authorities at all." He was equally un be wrong," he once said, "and doubtless I ceremonious in dealing with the decisions of sometimes am; but I never have any doubts." his contemporaries. In referring, in Re Hallett's Estate, 13 Ch. D. 676, to a decision Apart from the soundness of his con clusions his opinions are always expressed by Justice Fry, where that learned judge had with vigorous and pungent emphasis. His felt himself "bound by a long line of author work is conspicuous for the spirit in which he ities," Jessel said: "That being so, I feel approached his cases. "There is a mass of bound to examine his supposed long line of real property law," he frankly told a friend, authorities, which are not very numerous, "which is nonsense. Look at things as they and show that not one of them lends any