Background
Theron Metcalf was born on October 16, 1784, in Franklin, Massachusetts. He was the son of Hanan and Mary (Allen) Metcalf. The family was descended from Michael Metcalf who emigrated to New England and settled in Dedham.
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Excerpt from Digest of the Decisions of the Courts of Common Law and Admiralty in the United States, Vol. 1 VII. Defective Writ, Seem-it for Costs, h. VIII. Ddeetise or improper 'cc of Writ, do. IX. Action brought in wrong Place, or wrong Court. X. Party suing, or seed, in wrong Charade. XI. Variance. XII. Other Matters; (a.) in Real Actions, (b.) in Personal Actions, (c.) in Criminal Process. XIII. When and how to be pleaded. XIV. When Court will abate Process without Plan. XV. Judgment, doc. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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Theron Metcalf was born on October 16, 1784, in Franklin, Massachusetts. He was the son of Hanan and Mary (Allen) Metcalf. The family was descended from Michael Metcalf who emigrated to New England and settled in Dedham.
After graduating from Brown University in 1805 as valedictorian of his class, Metcalf studied law at Canterbury, Connecticut, then at Tapping Reeve's law school at Litchfield, Connecticut, and finally under Seth Hastings at Mendon, Massachusetts.
Metcalf was admitted to the bar of Litchfield County in 1807 and the following year began to practice in Massachusetts, first at Franklin and then at Dedham nearby. The region was one of Shaysites and Jeffersonians, with enough Federalists like Fisher Ames to keep politics boiling. Among these agrarian levelers Metcalf cast his lot and here in 1809 he brought his bride, Julia, daughter of Senator Uriah Tracy of Connecticut. Then and later, in the ferment of Jacksonian democracy, he was mistrustful of the "approaching reign of popular opinion, and the triumph of popular rights". For many years Metcalf was county attorney. For two years, 1833-34, he sat in the lower house and in 1835 was a member of the state senate. He edited the Dedham Gazette (1813 - 19) and in 1828 opened a law school. His Law of Contracts (1867) originated in one of his lecture courses. Every year a number of articles and reviews appeared in law journals over his name. He edited Sir Henry Yelverton's Reports (1820), Thomas Starkie's Evidence, and Sir William O. Russell's Crimes. But his chief claim to recognition lies in his Reports of Cases Argued and Determined in the Supreme Judicial Court of Massachusetts, compiled when he was a reporter to the court from 1840 to 1847, and in his indexes to the state statutes. On February 25, 1848, he was appointed to the supreme bench. In his self-deprecating way, he explained: "that he was taken to fill a gap in the Court as people take an old hat to stop a broken window". He retained his position until his resignation in August 1865, some ten years before his death. His opinions appear in 55-92 Massachusetts Reports.
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Metcalf was so steeped in the common law that he detested statutes and procedural innovations such as the abolition of special pleading.
Metcalf was a quaint character, whose bon mots were repeated with zest. He enjoyed society, but was not especially given to hospitality. As a trial judge he was thought "fussy and interfering", and by his misapplication of principles to facts he was often overruled, but his memory was a digest of the common law, and his opinions were clear and proverbially compact.
On November 5, 1809 he married Julia Tracy, daughter of Major General and U.S. Senator Uriah Tracy. Metcalf and his wife had three children: George Tracy Metcalf, William Pitt Metcalf and Julia Metcalf.