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Elisha Williams McKinstry was born on April 10, 1824 in Detroit, Michigan. He was the seventh and youngest child of David Charles and Nancy Whiting (Backus) McKinstry. His great-grandfather, Capt. John McKinstry, had come to America from Armagh, Ireland, in 1740, settling first in Boston and later in Londonderry, North Hampshire; his grandfather, Charles, served as an officer with the New York troops in the Revolution; through his mother he was descended from Pilgrim ancestors.
McKinstry was educated in Michigan and New York and at Kenyon College, Gambier, Ohio, and in 1847 was admitted to the bar in New York.
The California gold rush of 1849 turned his eyes to the West, and McKinstry took passage on the S. S. Panama, one of the first steamers of the newly organized Pacific Mail Steamship Company, and sailed with her on her maiden voyage around the Horn, arriving in San Francisco June 4, 1849. By 1850, he had opened a law office in Sacramento and was chosen to represent that district in the lower branch of the first California legislature. A year later he removed to Napa, where in the fall of 1852, he again entered public service with his election to the post of district judge for Napa and adjoining counties. He was reëlected in 1858 and served until 1862, when he resigned to become candidate on the Democratic ticket for the lieutenant-governorship. He was defeated, however, and in 1863 moved to Nevada, where in 1864, he was unsuccessful candidate for the position of justice of the supreme court. After several years' residence in Nevada, he returned to San Francisco (1867), where, as a Democrat, he was elected county judge and served in that capacity from January 1, 1868, until his election as judge of the twelfth district court in October 1869. Four years later, he was chosen justice of the supreme court, in the last two instances having won the election on an Independent ticket. After the reorganization of the supreme court under the new constitution of 1879, he was reelected and drew a term of eleven years. During his unusually long service on the supreme bench he dealt with some of the most important cases in California's judicial history, among them being the local option case of 1874, in which he delivered the opinion of the court, and the great controversy over water-rights, waged in 1886, known officially as the case of Lux vs. Haggin. On October 1, 1888, he resigned from the bench to become professor of municipal law in Hastings' College of the Law, San Francisco. In 1890, he resumed private practice and was later joined by his son, James C. McKinstry. In 1896, they became members of the firm of Stanly, McKinstry, Bradley & McKinstry, from which in 1899 Stanly was removed by death. His death came suddenly at San José, California, where he was seeking recuperation in the warmer climate of the Santa Clara Valley.
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On July 27, 1863, at Marysville, California, McKinstry had married Annie L. Hedges, and four children were born to them.
12 August 1778 - 9 September 1856
12 September 1780 - 30 August 1866
2 July 1811 - 24 April 1858
6 July 1814 - 11 December 1897
17 May 1819 - 23 June 1855
9 February 1807 - 11 February 1873
1817 - 28 January 1892
21 April 1809 - 20 January 1868
