Larco, Norton v.... Lardner, People v.... Le Roy v. Rogers. Lick v. Diaz... Liverpool and London Fire and Life Insurance Co., Bibend v. Lord v. Hopkins.. Low, Middleton v.. Luckhart v. Ogden.. Mahoney, Nooney v..... McDonald v. Davidson. McLellan, Baber v.. McPherson v. Parker.. Mendocino County v. Lamar. Miller v. Steen. Moore v. Besse. V.. Page. 127 242 229 65 78 76 596 547 226 624 545 174 135 455 627 596 402 570 498 344 467 527 Moore, Steinbach Morrison v. Wilson. Moss v. Shear... Moulton v. Ellmaker. Napa Valley Railroad Co. v. Napa County.. 435 PROCEEDINGS OF THE COURT ON THE DEATH OF E. W. F. SLOAN. MONDAY, October 1st, 1866. At the opening of the Court, J. G. McCULLOUGH, AttorneyGeneral, addressed the Court as follows: May it please the Court: Since our last meeting, E. W. F. SLOAN has been summoned from this bar by death, and I invite your Honors to pay fitting homage to his memory. It seems strange and sad not to see the familiar form and meet the quiet smile of one who was so long a regular attendant at the sessions of this Court. There is no other Judge SLOAN to fill the aching void. For what one of his brothers in this State would hesitate to award him the possession of a rare and happy combination of moral and mental qualities. united in no other? And what higher tribute than this could be paid to the real worth of the deceased? Gifted with an intellect of the first order, he had trained it in the school of a severe discipline, and enriched it with an untiring culture. He was a lawyer of most profound research and of the loftiest attainments, and in our profession was almost or altogether facile princeps. With a mind that was ever aiming after the [i] truth and employing a logic that was wonderfully simple and searching, his inquiry always was, not so much what is the law, but why is it so? With the nicest sense of honor, studiously true to Court and client and opposing counsel, of incorruptible integrity, he was a bright ornament in the foremost ranks of the legal profession. As a general scholar, he had devoted himself as his labor would permit to literature, the arts and the sciences, and had gathered learning and garnered gems from every department. As a citizen, he religiously fulfilled his every duty cheerfully. As a man, his kindly heart, his genial manners, his uniform courtesy, his unostentatious bearing, his retiring habits, his native modesty, his simple sublimity of character, won bench and bar, lawyer and layman, and challenged the admiration. of all. But he is gone, and I but respect his unaffected dislike of all parade by being brief on this occasion. A great lawyer, a good citizen, an honest man, a pure Christian has died. This is his greatest praise, as this was the involuntary tribute of all who knew him when his death was announced. Be it ours to imitate his example! By request of the members of the San Francisco bar, I move your Honors that the resolutions adopted at a meeting thereof, and which I now present, may be entered upon the 'minutes of the Court, in honor of the lamented deceased: WHEREAS, It has pleased Divine Providence to remove by death our friend and brother, E. W. F. SLOAN, we, the members of the bar, assembled for the purpose of paying a tribute to his merit as a lawyer and expressing our sorrow at his loss, to adopt the following resolutions: Resolved, That in the death of our brother the profession has lost one of its ablest and most learned members-one who, through a career coeval with the existence of the State, has been always distinguished for intellectual attainments of the highest order, for unswerving integrity, and for uniform kindness and courtesy in all his intercourse with his brethren of the bar. Resolved, That while we deplore the loss of this ornament to his profession we take occasion to recall to mind for the imitation of his sorrowing brethren, his studious habits, his unaffected, genial manners, his quailties of untiring industry and courtesy of deportment, his delicate sense of honor, and the profound yet varied learning which marked our departed brother. Resolved, That while he possessed a public reputation and displayed a legal ability which placed him in the foremost rank of his profession, he uniformly manifested in all the private walks of life an unostentatious simplicity of character which endeared him to his friends and commanded universal admiration and respect. To which Mr. Chief Justice CURREY responded: The members of this Court cordially unite with the bar in commemorating the excellences and worth of our departed brother. At the time of his death, Judge SLOAN had been a resident and citizen of the State for more than fifteen years. Soon after his arrival upon these shores his ability and character as a lawyer became known, and he at once took his place in the front rank of the profession, and maintained that position with honor to the end of his career. He was a man gifted by nature with more than ordinary capacity. His mind was early improved by a liberal education. He was known to those most intimate with him as possessing high attainments. in the departments of natural philosophy, history and the exact sciences. His learning in common law science was perhaps superior to that of any other within the State, and no one among us better understood than he the doctrines and principles of equity jurisprudence. With all his ability and learning, he was, in his intercourse with his fellow men, uniformly modest and unpretending. There was nothing offensively aggressive in his nature. As an advocate he won his way by the force of his reasoning and the truths which he uttered. In the statement of legal propositions he always aimed to be true to the letter and spirit, and in relation to facts he was never known to any of us to deviate from a scru |