Page:The Green Bag (1889–1914), Volume 04.pdf/622

 The Supreme Court of North Carolina. of county commissioners in granting license to retail liquor. Knight v. Houghtalling, 94 N. C. 408, is a case in which the unusual "Writ of Assistance " was granted. Hodges v. Williams, 95 N. C. 331, is an interesting case as to the rights of riparian owners. Judge Ashe was a fine specimen of man hood. His days were, in the general opinion of the public, shortened by the excessive labor exacted of the Supreme Court, which during his entire occupancy of the office consisted of only three judges. He died at his home in Wadesboro, Feb. 4, 1887, in the seventy-fifth year of his age. He married early in life Miss Burgwyn. He left one son, Samuel T. Ashe, a popular member of the bar, who lives at Durham; and several daughters, one of whom married James A. Lockhart, a lawyer of Wadesboro, who is one of the most prominent men in that section of the State; and another mar ried Hon. Richard H. Battle, of Raleigh, who has been already mentioned. Judge Ashe was a model judge and a model man. In many particulars he very nearly resembles Gaston, his illustrious pre decessor. Like him, he went late to the bench; like him, he developed great judicial capacity; and like him, he left a character above reproach, and obtained a great and lasting popularity. The examples of both will live for good. "Were a star quenched on high, For ages would its light Still travelling downward from the sky Shine on our mortal sight; "So when a good man dies. For years beyond our ken The light he leaves behind him lies Upon the paths of men." Judge Ashe was succeeded by Joseph J. Davis. John H. Dillard was born in Rockingham County, N. C, Nov. 29, 18 19. He entered the University of North Carolina, but after a year and a half left on account of ill health. He afterwards entered William and Mary 74

585

College, and graduated at its law school in 1840. He began the practice of law at Richmond, Va., then removed to Patrick Court House, Va., and became common wealth's attorney. In 1846 he returned to Rockingham County, N. C, and from 1848 to 186 1 he was a law partner of Judge Ruffin, who succeeded him, on the Supreme Court bench. In 1862 he entered the army, and served one year as captain of a company in the Forty-fifth North Carolina Regiment. In 1868 he removed to Greensboro, where he has ever since resided. For many years he was county attorney and clerk and master for Rockingham County. In 1878 he was elected to the Supreme Court, and began his labors Jan. 1, 1879, succeeding Judge Rodman. There being, as stated, only three judges then upon the bench, his health gave way under a conscientious effort to keep up with the mass of work devolved upon the court, and to the regret of every one he resigned, Feb. 11, 188 1, after a service of a little more than two years. His opinions sustain his standing as one of the foremost lawyers in the State. They are to be found in four volumes, 80 N. C. to 83 N. C. inclusive. Among them should be noted Riggan v. Green, 80 N. C. 236, that a deed of a lunatic is voidable, not void; since affirmed in Odom v. Riddick, 104N.C. 515. Wright v. Hemphill, 81 N. C. 33, as to the right to reassemble the jury to complete their verdict. Cobb v. O'Hagan, lb. 293, lays down the duty of a client to give proper attention to his case, and not to leave the matter absolutely to his counsel, without further attention on his part. Jones v. Mial, 82 N. C. 252, that where the plain tiff sues on a special contract, if he fails on that he may recover upon a quantum meruit without amendment of his complaint. This has since been followed in several cases, especially in Stokes v. Taylor, 104 N. C. 394 Judge Dillard married, in 1846. Miss Ann I. Martin, of Henry County, Va. He has several children.