Background
Chester Cicero Cole was born on June 04, 1824 in Oxford, New York, United States. He was the youngest of the eleven children of Samuel and Alice (Pullman) Cole.
(This historic book may have numerous typos and missing te...)
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874 edition. Excerpt: ...then mounting his charger, with baton in hand, led on his Norman cavalry on the field of Hastings. That Norman warrior Bishop was the grand Chief Iusticiar of England. Within fifty years thereafter the foundations of Westminster Hall were laid and the great fountain of the English common law was unsealed. It is said of the first great English reformer, Wyckliff, that after he d Opinion by COLE,., December, 1872. had lain in his grave for forty years his ashes were dug up and thrown into the river Avon. " The Avon to the Severn runs, The Severn to the sea, And Wycliff's dust shall spread abroad, Wide as the waters be." Over most of the lands where the dust of Wycklilf spread, there followed, at a later day, the elements of the English common law, adorning and fertilizing large regions of country in different quarters of the earth. Over the larger part of North America, over many of the islands of the sea, along the shores of Western Africa and Southern India, their great influence has been felt, and at this ' day, though modified, it is true, by changing circumstances and by statutes, still, in a very large degree, they regulate the conduct and guard the property and lives of eighty millions of English speaking people. The young and talented lawyer of to-day, if well read in the various departments of the common law, may go forth with reasonable prospects of success in the practice of his profession, not only in the different States of the Union, but also in England, in Canada, in Australia, and in portions of Africa and Asia. He enters, threfore, upon a rich inheritance, prepared to reap the fruits of the labors of generations of learned lawyers who have gone before him. But with great advantages come also corresponding duties...
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(This historic book may have numerous typos and missing te...)
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ...lie for the conversion of a chattel, sold and delivered by the plaintiff to the defendant in exchange for another chattel, on the Lord's day, and retained by the defendant afterward, notwithstanding the return by the plaintiff of the chattel for which it was exchanged, and his demand for a corresponding return by the defendant." The later English cases, the New Hampshire and Massachusetts cases, are also followed in Maine. Pope v. Linn, 50 Mo., 83. In the case of Tucker 12. Mowry, 12 Mieh., 378, it was held that the contract of sale and delivery made on Sunday was so utterly void that no title passed, and that therefore the vendor might, on a subsequent day, tender back the price and recover the property. No case is cited in support of this doctrine, except an early case in the same State which is followed. But this is going much further than Williams '0. Paul, and much further than the Vermont cases, for they allow subsequent ratification, on the ground that the property passes and that the transaction is not malum in ae but malum prohibitum. Dodson v. Harris, 10 Ala., 566, goes on the same theory as Tucker v. Mowry, and the same remarks are applicable to it. The true rule seems to be stated by Maule, J., in Fivoz v. Nichols, 2 M. G. &. S., 500, where he-said: " The plaintiff cannot recover, where, in order to sustain his supposed claim, he must set up an illegal agreement to which he himself has been a party." So Parker, Ch. J., in Smith v. Bean 15 N. H., 577, said: "It is generally said of such illegal contract that it is void. If this were so, and the contract, in the broad sense of the term, were void, no property would pass by it; the vendor might reclaim the property at will, and, being his...
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Chester Cicero Cole was born on June 04, 1824 in Oxford, New York, United States. He was the youngest of the eleven children of Samuel and Alice (Pullman) Cole.
Chester attended the public schools and academy at Oxford until he was thirteen, and for five years was a clerk in a general store. He read law in the office of a local lawyer for two years, then entered the Harvard Law School, from which he graduated in June 1848. After his graduation he went to Marion, Kentucky, and was admitted to the bar.
About 1848 Cole set up his practise in Marion and during a period of nine years he gained a high reputation in criminal law. The campaign of 1856 and the controversies that followed led Cole to move to Des Moines, Iowa, where he lived until his death. He associated himself with the Democratic party in Iowa and continued with that party throughout the campaign of 1860. In 1859 he was a candidate for the state supreme court and in 1860 for Congress, but was defeated in both contests.
At the outbreak of the Civil War he allied himself with the Union men in support of the government and left the Democratic party, which was dominated by Southern sympathizers. He supported William M. Stone for governor on the Republican ticket in 1864, and in recognition of his labors in behalf of the Union, he was appointed a judge of the supreme court. He was twice reelected and served for twelve years.
In 1876 he returned to the practise of law. With Judge George G. Wright, his associate in the supreme court, he organized the Iowa Law School in Des Moines in September 1865. The school was conducted with marked success for three years, after which it was merged with the law department of the State University at Iowa City. Cole served as professor for seven years.
Upon his return to Des Moines in 1875, leading citizens urged upon him the organization of a law school in the capital city, pointing out that every consideration of convenience and advantage to students required the establishment of such a school. It was opened in September 1875. In 1881 Drake University was established in Des Moines and at the request of its founders the law school was affiliated with it. For all but about five or six years from 1875 to 1907 Cole was dean of the school.
During all of this time he was actively engaged in the practise of law. In 1907 after a service of forty-two years, he was awarded a retiring allowance by the Carnegie Foundation, in recognition of his work as a teacher of law, and was made dean emeritus of the law school. He continued his practise until he was eighty-seven years of age.
Cole was one of the most widely known lawyers in Iowa. At his best, he had few equals and no superiors as a trial lawyer. As a judge, his opinions were models—terse, well phrased, pointed and strong. He was remarkable for his talents, and for his unceasing industry, not only in his prime but in his old age. He also made a great contribution to the educational system of Iowa by establishing the Law School at Des Moines.
(This historic book may have numerous typos and missing te...)
(This historic book may have numerous typos and missing te...)
Cole was a member of the Republican Party.
In June, 1848 Cole was married to Amanda M. Bennett of Oxford, by whom he had seven children.
