A. Lincoln, Esquire: A Shrewd, Sophisticated Lawyer in His Time

Cover
Mercer University Press, 2002 - 372 Seiten
"Abraham Lincoln has long been considered the greatest president by scholars of American history. According to legal scholars, he could just as easily have been one of the foremost lawyers in the nation had he not become president." "Lincoln practiced law for about twenty-five years, mainly in the circuit courts of Illinois. However, he was hardly a hick country lawyer. In contrast, Lincoln was an incisive, determined, and assertive litigator with an overwhelming caseload. He sought out new business for his law firm and cared about earning a comfortable living." "A ten-year research project, the Lincoln Legal Papers, discovered thousands of yellowed legal documents in musty and dusty courtroom basements. Those handwritten legal papers related to more than 5,000 cases that Lincoln handled, more than 400 before the supreme court of Illinois. In addition, Lincoln appeared before justices of the peace, circuit court judges, and even the Supreme Court of the United States." "For the first time, this book uses the newly discovered legal documents to tell the story of more than sixty of Lincoln's cases. Many of these cases have never been written about previously. Allen D. Spiegel describes how Lincoln the lawyer handled a staggering variety of cases involving arbitration, assault and battery, bad debt, bankruptcy, bastardy, bestiality, breach of marriage, divorce, impeachment of an Illinois justice, insanity, land titles, libel, medical malpractice, murder, partnership dissolution, patent infringement, personal injuries, property damages, rape, railroad bonds, sexual slander, slave ownership, and wrongful dismissal."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Im Buch

Inhalt

Reverence for the Laws A Political Religion
1
A Lincoln Esquire The Evolution of a Lawyer
18
Lincolns Client Assaulted He Questioned His Physicians Medical School Graduation
51
Fired for Incompetency Asylums Medical Superintendent Sues
63
Lincoln Secures a Charter for a Homeopathic Medical College and Represents Railroads
84
Victorian Lawyers Improperly Healed Fractures and Americas First Medical Malpractice Crisis 18351865
105
Defense Lawyer A Lincoln Uses Chicken Bones in a Malpractice Case
116
Broken Wrist without Due Care Lincoln Defends the Physician
141
Abraham and Mary Lincoln and Insanity in the Courtroom
193
Chloroform Induced Insanity Defense Confounds Lawyer Lincoln
206
Lincolns Client Refuses to Pay the Doctors Bill for Services
222
Lincoln Politically Selects the Medical Expert on Insanity
244
Epilogue
274
References and Notes
279
Bibliography
317
Index
355

Lincolns Cases of Sex Slander and Sundry Suits
165

Häufige Begriffe und Wortgruppen

Beliebte Passagen

Seite 59 - Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good man.
Seite 11 - I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so.
Seite 199 - I am now the most miserable man living. If what I feel were equally distributed to the whole human family, there would not be one cheerful face on the earth.
Seite 8 - I hope I am over wary ; but if I am not, there is even now something of ill omen amongst us. I mean the increasing disregard for law which pervades the country — the growing disposition to substitute the wild and furious passions in lieu of the sober judgment of courts, and the worse than savage mobs for the executive ministers of justice.
Seite 15 - Both parties deprecated war, but one of them would make war rather than let the nation survive, and the other would accept war rather than let it perish, and the war came.
Seite 24 - The matter you speak of on my account you may attend to as you say, unless you shall hear of my condition forbidding it. I say this because I fear I shall be unable to attend to any business here, and a change of scene might help me. If I could be myself, I would rather remain at home with Judge Logan. I can write no more.
Seite 9 - Let every man remember that to violate the law is to trample on the blood of his father, and to tear the charter of his own and his children's liberty.
Seite 59 - Never stir up litigation. A worse man can scarcely be found than one who does this. Who can be more nearly a fiend than he who habitually overhauls the register of deeds in search of defects in titles, whereupon to stir up strife and put money in his pocket? A moral tone ought to be infused into the profession which should drive such men out of it.
Seite 9 - ... and in almanacs; let it be preached from the pulpit, proclaimed in legislative halls, and enforced in courts of justice. And, in short, let it become the political religion of the nation; and let the old and the young, the rich and the poor, the grave and the gay of all sexes and tongues and colors and conditions, sacrifice unceasingly upon its altars.
Seite 4 - Prohibition will work great injury to the cause of temperance. It is a species of intemperance within itself, for it goes beyond the bounds of reason in that it attempts to control a man's appetite by legislation, and in making crimes out of things that are not crimes. A prohibition law strikes a blow at the very principles on which our government was founded.

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