Page:The Green Bag (1889–1914), Volume 04.pdf/620

 The Supreme Court of North Carolina. v. Schiff, 100 N. C, is a discussion of the right of lateral support to a party wall. State v. Lyle, lb. 497, discusses the rights of a town or city in condemning land for streets. State v. Cross and White, ioi N. C. 770, is the well-known case against the Cashier and President of the State National Bank for forgery. DeBerry v. Nicholson, 102 N. C. 465, discusses the

rights of the parties and the powers of the canvassing board in a contested election case. Edwards v. Dickson, lb. 519, con siders the status of an unregistered deed. Judge Smith mar ried, Jan. 14, 1839, Miss Mary Olivia Wise, of Murfreesboro. He left two sons, William W., a general insurance agent, and E. Chambers Smith, a prominent lawyer and late Chairman of the Democratic State Ex ecutive Committee, both of Raleigh. Judge Smith was a consistent member of the Presbyterian WALTER church. His character was spotless, his pa triotism beyond question. Having exceeded the bounds of man's appointed years, — "Life's labors done, Serenely to his final rest he passed, While the soft memories of his virtues yet Linger like twilight hues, when the bright sun is set." With the exception of Chief-Justices Ruffin and Pearson, he is deemed second to no judge who has sat upon the bench in North Carolina. Had he come to the post as early in life as they, and spent his career in devel-

583

oping his judicial qualifications, it may be doubted if he had not fully equalled them. No ability however great, no judicial qualifi cation however striking, can make up for the lack of time and opportunity. He was in his sixty-sixth year when he first went upon the bench. For long years in varying positions he labored for the public weal. Never for an hour of that time did public confidence waver in his integrity or his entire capacity for the work assigned. And now " his memory like a slow fading twi light long shall dwell in the minds and hearts of a people he served so faithfully and well." He was succeeded as Chief-Justice by Hon. A. S. Merrimon. Thomas Samuel Ashe was born, July 21, 1812, in that part of Orange County, N. C, which is now Alamance. He was a great-grandson of Judge Samuel Ashe, who has already been CLARK mentioned in these sketches as one of the three judges who constituted the entire ju diciary of North Carolina from 1777 till 1795, when he became Governor of this State. The subject of this sketch graduated at the State University in 1832, in the same class with James C. Dobbin, Secretary of the Navy under Pierce, and United States Sena tor Thomas L. Clingman. He studied law under Chief-Justice Ruffin, and located at Wadesboro in 1836. In 1842 he was elected as a Whig to the lower house of the legisla ture, and in 1854 to the State Senate. He was Solicitor of his judicial district from