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Historical Sketch of the Judges of the Supreme Court.

Assembly on January 15, 1842, to succeed Judge Hitchcock, whose term expired in February of that year, and Nathaniel C. Reed, of Hamilton County, was elected on the 5th of March, to succeed Judge Grimke, resigned. The court thus constituted, from March, 1842, to December, 1844, was composed of Judges Ebenezer Lane, Reuben Wood, Matthew Birchard, and Nathaniel C. Reed.

In December, 1844, the term of Judge Lane expired. He was promptly re-elected by the General Assembly on the 5th of the month, but remained on the bench only during the session of the court in Bank, when he resigned. His successor was elected on the 27th of the same month (December), in the person of ex-Judge Peter Hitchcock. The action of the General Assembly in re-electing Judge Lane to succeed himself in 1836 and 1844 was, with the exception of the re-election of Judge Wood, in 1839, contrary to the usual refusal of the assembly to grant consecutive terms to the members of the Supreme Court.

The members of the Supreme Court in the years 1845 and 1846 were Judges Reuben Wood, Matthew Birchard, Nathaniel C. Reed, and Peter Hitchcock.

On the 15th day of January, 1847, the General Assembly elected Edward Avery, of Wayne County, to succeed Judge Wood (term expiring), although the Judge was a candidate for re-election. From February, 1847, to February, 1849, the membership of the court was: Judges Matthew Birchard, Nathaniel C. Reed, Peter Hitchcock, and Edward Avery.

On the 22d day of February, 1849, the General Assembly elected as members of the Supreme Court: Rufus P. Spalding, of Summit County, for seven years from March 5, to succeed Judge Reed, resigned; and William B. Caldwell, of Hamilton County, for seven years from March 7, to succeed Judge Birchard, term expired.

The court for 1849-1850, consisted of Judges Hitchcock, Avery, Spalding, and Caldwell.

The last change in the court prior to the enforcement of the present constitution of Ohio was occasioned by the resignation of Judge Avery, and the election of his successor in the person of Rufus P. Ranney, of Trumbull County, on the 17th of March, 1851. The court served as thus constituted until "the second Monday in February, 1852," when the official term of the new officers elected under the constitution began. The membership of the court from February, 1851, to February, 1852, was Judges Hitchcock, Spalding, Caldwell, and Ranney.

Historical Sketch of the Judges of the Supreme Court.

JUDGES OF THE SUPREME COURT OF OHIO UNDER THE CONSTITUTION OF 1851

The constitution of 1851 contains the following provisions for the continuance of the authority of the Supreme Court:

SEC..11. Schedule. Suits pending in the Supreme Court in bank shall be transferred to the Supreme Court provided for in this Constitution, and be proceeded in according to law.

The personnel of the Supreme Court of Ohio has been, consecutively, as given below for the years named:

1852. On the 9th day of February, 1852, the then Supreme Court, which had been elected by the General Assembly under the old constitution, and consisting of Judges Peter Hitchcock, Rufus P. Spalding, William B. Caldwell, and Rufus P. Ranney, passed out of existence, and a new court, elected by the people of Ohio at the previous election in October, came on the bench in the persons of Judges William B. Caldwell, of Hamilton County (re-elected); Rufus P. Ranney, of Trumbull County (re-elected); Thomas W. Bartley, of Richland County; John A. Corwin, of Champaign County; and Allen G. Thurman, of Ross County.

On the organization of the court, the judges drew lots for the length of their terms, the lot resulting: For one year, Judge Caldwell; for two years, Judge Bartley; for three years, Judge Corwin; for four years, Judge Thurman; and for five years (the length of the regular term under the new constitution), Judge Ranney. Judge Caldwell was reelected in 1852, and Judge Bartley was re-elected in 1853, so the court remained as installed in February, 1852, until December, 1854, with the following membership: Judges Caldwell, Ranney, Bartley, Corwin, and Thurman.

1854-1855. Judge Corwin resigned in December, 1854, and was succeeded by Robert B. Warden, of Franklin County, who was appointed to the vacancy and served until February 9, 1855, when he was succeeded by Joseph R. Swan, of Franklin County, who was elected to the seat.

Judge Caldwell also resigned in the December term of 1854, and was succeeded by William Kennon, of Belmont County, who was appointed to fill the vacancy and then elected at the October election, 1854, to succeed himself.

The court for the year 1854 consisted of Judges Caldwell, Ranney, Corwin, Bartley, and Thurman, until the second division of the December term; and of Judges Ranney, Bartley, Thurman, Warden, and Kennon, from that time until February 9, 1855.

1855-1856. Judge Swan took his seat on the bench as the successor of Judge Warden and Judge Corwin (as explained above) on the 9th day of February, 1855, the court consisting of Judges Ranney, Bart

Historical Sketch of the Judges of the Supreme Court.

1856. Judge Kennon served to the adjourned session in March, 1856, as did Judge Thurman; the terms of each expiring at that time. They were succeeded by Judges Jacob Brinkerhoff, of Richland County, and Charles C. Convers, of Muskingum County, who had been elected the previous October. Judge Convers resigned in May on account of ill health, never having taken his seat on the bench; he was succeeded by Ozias Bowen, of Marion County, who was appointed to fill the vacancy and elected to succeed himself in October following.

The court from February 9 to May 15, consisted of Judges Ranney, Bartley, Swan, Brinkerhoff, and Convers; and From May 15 to February 9, 1857, of Judges Ranney, Bartley, Swan, Brinkerhoff, and Bowen.

1857. Josiah Scott, of Butler County, was elected to succeed Judge R. Ranney, in October, 1856, and took his seat February 15, 1857, the court being composed of Judges Bartley, Swan, Brinkerhoff, Bowen and Scott.

1858. Milton Sutliff, of Trumbull County, was elected in October, 1857, to succeed Judge Bowen, and took his seat February 9, 1858, the court consisting of Judges Bartley, Swan, Brinkerhoff, Scott, and Sutliff.

1859. William V. Peck, of Scioto County, was elected in October, 1858, to succeed Judge Bartley, and took his seat February 9, 1859, the court consisting of Judges Swan, Brinkerhoff, Scott, Sutliff, and Peck.

Judge Swan, then Chief Justice, resigned in November, and William Y. Gholson, of Hamilton County, who had been elected in October to a seat in the court, was appointed to succeed him. He took his seat November 8, and entered on his regular term the 9th of February, 1860.

The members of the court from November, 1859, to February, 1863, were Judges Brinkerhoff, Scott, Sutliff, Peck, and Gholson.

Judge Brinkerhoff was re-elected in 1860, and Judge Scott was reelected in 1861.

1863. Ex-Judge Rufus P. Ranney was elected in October, 1862, to succeed Judge Sutliff, and took his seat on the 9th day of February, 1863; the court from this date to December 12th consisting of Judges Brinkerhoff, Scott, Peck, Gholson, and Ranney.

On the 11th of December, 1863, Judge Gholson resigned, and Horace Wilder, of Ashtabula County, was appointed for his unexpired term. Judge Wilder was elected to succeed himself in October, 1864. Hocking Hunter, of Fairfield County, was elected to succeed Judge Peck in October, 1863, and took his seat on February 9, 1864, only to resign the same day.

William White, of Clark County, was appointed to the vacancy oc

Historical Sketch of the Judges of the Supreme Court.

casioned by the resignation of Judge Hunter, and was elected in October, 1864, for the unexpired term.

Luther Day, of Portage County, was elected in October, 1864, to succeed Judge Wilder, and took his seat February 9, 1865.

The membership of the court during the years 1863-1865, was therefore:

December 12, 1863, to February 9, 1864: Judges Brinkerhoff, Scott, Peck, Ranney, and Wilder.

February 9, 1864: Judges Brinkerhoff, Scott, Ranney, Wilder and

Hunter.

February 10, 1864: Judges Brinkerhoff, Scott, Ranney, Wilder, and

White.

Day.

February 9, 1865: Judges Brinkerhoff, Scott, Ranney, White and

Judge Ranney resigned on the 23d of February, 1865, and his successor was appointed in the person of John Welch, of Athens County, who was elected in October following for the unexpired term.

February 23, 1865, to February 9, 1871, the court was composed of Judges Brinkerhoff, Scott, White, Day and Welch.

February 9, 1871. George W. McIlvaine, of Tuscarawas County, who had been elected in October to succeed Judge Brinkerhoff, came upon the bench and the court was thus composed of Judges Scott, Welch, White, Day and McIlvaine.

February 9, 1872. William H. West, of Logan County, elected to succeed Judge Scott, came upon the bench, the court then consisting of Judges Welch, White, Day, McIlvaine, and West.

Judge West resigned in 1873 and was succeeded by Walter F. Stone, of Erie County, who was appointed by the Governor, and elected in October to fill the unexpired term. He in turn resigned in September, 1874, and was succeeded by George Rex, of Wayne County, who was appointed by the Governor, and then elected by the people to fill the unexpired term of Judge West.

The re-election of Judge Welch in October, 1872, of Judge White in October, 1873, and the election of William J. Gillmore, of Preble County to succeed Judge Day in October, 1874, led to the following changes in the personnel of the court in the years named:

In 1873 the court was composed of Judges White, Day, McIlvaine, West, Stone and Welch.

In 1874 of Judges Day, McIlvaine, Stone, Rex, Welch, and White.

In 1875 of Judges McIlvaine, Rex, Welch, White, and Gillmore.
In 1876 of Judges Rex, Welch, White, Gillmore, and McIlvaine.

Historical Sketch of the Judges of the Supreme Court.

In October, 1876, W. W. Boynton, of Lorain County, was elected to succeed Judge Rex, and took his seat February 9, 1877, and in October, 1877, John W. Okey, of Franklin County, was elected to succeed Judge Welch.

Judge White was re-elected in October, 1878, and in the following year William W. Johnston, of Lawrence County, was elected to succeed Judge Gillmore. Judge McIlvaine was re-elected in October, 1880, and in November, 1881, Judge Boynton resigned, the Governor appointing as his successor for the unexpired term until the next February, Nicholas Longworth, of Hamilton County, who had been elected for the full term of five years, a month before the resignation of Judge Boynton.

The personnel of the court from February 9, 1877, to February 9, 1882, was as follows:

February 9, 1877-1878: Judges Welch, White, Gillmore, McIlvaine, and Boynton.

February 9, 1878-1879: Judges White, Gillmore, McIlvaine, Boynton, and Okey.

February 9, 1879-1880: Judges Gillmore, McIlvaine, Boynton, Okey and White.

February 9, 1880-1881: Judges McIlvaine, Boynton, Okey, White, and Johnson.

February 9, 1881-1882: Judges Boynton (Longworth), Okey, White, Johnson, and McIlvaine.

February 9, 1882-1883: Judges Okey, White, Johnson, McIlvaine, and Longworth.

Judge Okey was re-elected in October, 1882, but the resignation of Judge Longworth and the death of Judge White, both occurring in March, 1883, created a number of changes in the court in that year. John H. Doyle, of Lucas County, was appointed by the Governor to succeed Judge Longworth, and took his seat in the court on the 10th day of March. Martin D. Follett, of Washington County, was, however, elected to fill the vacancy in October, and qualified on the 8th day of December, Judge Doyle retiring. Judge White, who had served in the court for over 19 years, died on the 12th day of March in the same year, and William H. Upson, of Summit County, was appointed by the Governor as his successor. He took his seat on the 14th of March, but Selwyn N. Owen, of Williams County, having been elected in October for the unexpired term, qualified on the 8th of December, Judge Upson retiring.

The court during this year (1883) was composed of the following membership:

February 9 to March 9: Judges White, Johnson, McIlvaine, Longworth and Okey.

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