Edward Norton (judge)

Edward Norton (October 29, 1808 – May 2, 1872) was an American lawyer and Associate Justice of the Supreme Court of California from January 2, 1862, to January 2, 1864.

Edward Norton
Associate Justice of the California Supreme Court
In office
January 2, 1862 – January 2, 1864
Appointed byDirect election
Preceded byJoseph G. Baldwin
Succeeded byElections under 1862 amendment to California constitution and 1863 enabling law
Personal details
Born(1808-10-29)October 29, 1808
Canandaigua, New York, U.S.
DiedMay 2, 1872(1872-05-02) (aged 63)
London, United Kingdom
Alma materUnion College (B.A.)

Biography

Born in Canandaigua, New York, Norton received a liberal arts education at Union College.[1][2] After his admission to the Bar, he practiced law for several years in Buffalo, and then in the New York City.[3][4] In 1849, he moved to California and practiced in San Francisco.[2][5][6] In 1851, he served as a member of the Whig Party central committee in Sacramento.[7]

Also in 1851, he was appointed Reporter of Decisions, and began drafting his reports. But after his drafts were destroyed in a city fire on May 4, 1851, he resigned from the position, and was replaced by Nathaniel Bennett.[8]

In November 1852, the Democratic Party nominated Norton for Judge of the San Francisco county District Court, running against the Whig candidate, Delos Lake, who won by merely 21 votes.[9][10][11] In June 1854, Governor John Bigler appointed Norton as a Judge of the Twelfth District Court, to stand at the next election.[12][13][14] In September 1854, Norton was elected on the ticket of both the Democratic Party and Know Nothings to a full term on that Court.[15][16][17][18] On December 16, 1860, having continued on the District bench for a full term of six years, he retired on account of his health, which had become seriously impaired.[19][20]

Norton determined to visit to Europe, intending to be absent several years. After his arrival in Europe, and without his knowledge, he was elected to the Supreme Court of California on the Republican Party ticket.[21] On receiving the news, he returned to California to commence his term in January 1862.[2][22][23] Chief Justice Stephen Johnson Field described Norton as a skilled trial court judge who was unsuited to the appellate bench.[24] In October 1863, elections were held for all seats on the Supreme Court due to an 1862 amendment to the California constitution and 1863 enabling law, and Norton chose to retire rather than seek re-election.[4]

One anecdote from Norton's service on the court involves him giving a young lawyer an examination for admission to the bar:

Justice Edward Norton asked the applicant two questions. First, "What is the purpose of a demurrer?" The student answered, "For the delay." The judge trumpeted, "Young man, that's not the law." The judge asked the second question, "If a man brought you a promissory note past due and wanted it collected by law in the most expeditious manner, what would you do?" The student responded, "I would collect my fee." The Judge again declared that was "not the law," but leaned over his desk to his clerk and ordered, "Mr. Clerk, swear him in." Although the prospective lawyer did not give the "law" answers expected, he did give the judge the practical "lawyering" answers necessary for successful practice in frontier California.[25]

On May 2, 1872, Norton died while on a trip to London, England.[26]

References
  1. Riggs, S. S. (1854). A General Catalogue of the Officers, Graduates and Students of Union College from 1795 to 1854. Schenectady, NY: Union College. p. 42. Retrieved September 17, 2017.
  2. In Memoriam. California Supreme Court, 44 Cal. Rpts. xv (1872). Retrieved September 17, 2017.
  3. "Court Calendar". New-York Daily Tribune. Library of Congress Historic Newspapers. January 2, 1843. p. 4. Retrieved September 17, 2017. Edward Norton, lawyer, N.Y.
  4. Johnson, J. Edward (1963). History of the California Supreme Court: The Justices 1850-1900, vol 1 (PDF). San Francisco, CA: Bender Moss Co. pp. 84–85. Archived from the original (PDF) on December 27, 2016. Retrieved August 14, 2017.
  5. "Local Matters, Superior Court". Daily Alta California. 1 (189). California Digital Newspaper Collection. 8 August 1850. p. 2. Retrieved September 17, 2017.
  6. "Local Matters, Trial of Judge Morrison for Malfeasance". Daily Alta California. 1 (209). California Digital Newspaper Collection. 28 August 1850. p. 2. Retrieved September 17, 2017.
  7. "Attention: Whigs of the Central Committee". Sacramento Daily Union (3). California Digital Newspaper Collection. 21 March 1851. p. 3. Retrieved September 17, 2017.
  8. "American Reports and Reporters", Albany Law Journal, Vol. 6 (Weed, Parsons & Company, 1873), p. 5. Retrieved September 17, 2017.
  9. "Miscellaneous, Whig Nominations". The New York Herald. Library of Congress Historic Newspapers. November 9, 1852. Retrieved September 17, 2017. The democrats had not yet made the whole of their nominations. Edward Norton had been nominated for District Judge.
  10. "The Election To-Day". Daily Alta California. California Digital Newspaper Collection. 2 November 1852. Retrieved September 17, 2017.
  11. "The Official Vote". Daily Alta California. 3 (310). California Digital Newspaper Collection. 9 November 1852. p. 2. Retrieved September 17, 2017.
  12. "Vacancy on the Supreme Court Bench". Daily Alta California. 5 (306). California Digital Newspaper Collection. 4 November 1854. p. 2. Retrieved September 17, 2017. The appointment of Judge Norton was very gratifying
  13. "Associate Justice". Sacramento Daily Union. 8 (1128). California Digital Newspaper Collection. 3 November 1854. p. 2. Retrieved September 17, 2017. We trust His Excellency will make an appointment in this case as judicious and satisfactory, as he did when the vacancy in the 12th District was filled by the nomination of Judge Norton.
  14. "District Court of the Fourth Judicial District-Before Judge Norton". Daily Alta California. 5 (209). California Digital Newspaper Collection. 30 July 1854. p. 2. Retrieved September 17, 2017.
  15. "The Know-Nothing Nominations". Daily Alta California. 5 (242). California Digital Newspaper Collection. 1 September 1854. p. 2. Retrieved September 17, 2017.
  16. "Election Returns". Daily Alta California. 5 (250). California Digital Newspaper Collection. 9 September 1854. p. 3. Retrieved September 17, 2017.
  17. Shuck, Oscar Tully (1870). Representative and leading men of the Pacific. Bacon and Company. p. 200. Retrieved August 7, 2017. edward norton tully.
  18. "Judge Hager". Daily Alta California. 6 (143). California Digital Newspaper Collection. 7 June 1855. p. 2. Retrieved September 17, 2017. we can hardly doubt that the appointee of the Governor will in this instance be endorsed by the people with as much unanimity as they endorsed Judge Norton at the last election.
  19. "The Retirement of Judge Norton". Daily Alta California. 12 (3960). California Digital Newspaper Collection. 16 December 1860. p. 2. Retrieved September 17, 2017.
  20. "Court Proceedings". Daily Alta California. 13 (3981). California Digital Newspaper Collection. 8 January 1861. p. 1. Retrieved September 17, 2017.
  21. "Judge Norton". Marin Journal (25). California Digital Newspaper Collection. 7 September 1861. p. 2. Retrieved September 17, 2017.
  22. "Hon. Edward Norton". Marysville Daily Appeal (154). California Digital Newspaper Collection. 31 December 1861. p. 5. Retrieved September 17, 2017.
  23. "The Courts, Supreme Court". Sacramento Daily Union. 22 (3362). California Digital Newspaper Collection. 7 January 1862. p. 5. Retrieved September 17, 2017.
  24. Tully, Oscar Shuck (1880). California Anthology: Or, Striking Thoughts on Many Themes. Barry & Baird. pp. 346–347. Retrieved September 17, 2017.
  25. Bakken, Gordon Morris (2006). Practicing Law in Frontier California. U of Nebraska Press: Lincoln, NE. p. 21. ISBN 0803212194. Retrieved September 17, 2017.
  26. "Legal Obituaries", Albany Law Journal, Vol. 5 (Weed, Parsons & Company, 1872), p. 401. Retrieved September 17, 2017.

See also
Legal offices
Preceded by
Joseph G. Baldwin		 Associate Justice of the California Supreme Court
1862–1864		 Succeeded by
Elections under 1862 amendment to California constitution and 1863 enabling law
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