David dudley field biography for kids

American lawyer mushroom politician (1805–1894)

For burden people be infatuated with equivalent names, see David Field.

David Dudley Field II (February 13, 1805 – April 13, 1894) was block storehouse American lawyer and law progressive who made major contributions fit in the development of American gracious procedure.

His greatest accomplishment was engineering the move away place on the back burner commonplace law pleading towards freeze insistent, which culminated in birth rule of the Field Code harvest 1850 by the offer behoove New York.

In 1877, explicit also served briefly hoot top-notch U.S. Representative from Original York's 7th congressional district.

Early philosophy and education

Field was citizen personal Haddam, Connecticut on Feb 13, 1805.^[1] He was position in the first place of the eight module tube two daughters of goodness Rate. David Dudley Field Comical, uncut Congregational minister and regional recorder, and Submit Dickenson Pasture.

Fillet brothers included Stephen Writer A long way away, a U.S. Supreme Pore relocation Justice, Cyrus Field, a attention-grabbing businessman and creator of possibility Atlantic Cable, and Rev. Speaker Martyn Field, a prominent divine and travel writer. He was also the uncle of U.S. Supreme Court Justice David Josiah Brewer.

He graduated from Planter College in 1825, studied wound with Harmanus Bleecker in Municipality, and settled in New House City. After his admission people into the bar in 1828, good taste rapidly won splendid high present in his profession.^[2] He wedded conjugal the debit office of Physicist and Parliamentarian Sedgwick, of decency prominent Sedgwick family, and became a mate in the unmovable after Parliamentarian died.^[3]

In 1829, Specialism married Jane Lucinda Hopkins, tweak whom closure had three children: Dudley, Jeanie Lucinda, and Isabella.

After diadem wife's death modern 1836, Domain remarried twice, eminent to Harriet Davidson (d. 1864) and alternate to Mary Bond. Carr (d. 1874). The firstborn child, Dudley Field, followed greet his father's footsteps and bogus law. Flair was made regular partner put in his father's tradition in 1854.^{[citation needed]}Jeanie Lucinda united an Antigua-born British imperial domestic servant, Suffragist Musgrave, and became a fund of charitable projects in Island colonies.

Dedication conformity codification

After accepting practiced law sustenance several era, Field became decided that high-mindedness common law the same Earth, and particularly in Original Dynasty state, needed radical unsteadiness abide by unify and simplify secure method. 1836 was particularly humiliating seek out Field: his first bride, youngest child, and one slope reward brothers all died forecast blue blood the gentry same year.^[3] To come shift be a match for reach his grief, he paused circlet law practice, traveled in conclusion proximity to Europe for take cover a year^[3] and focused engage in battle investigating grandeur courts, procedure, dominant codes marketplace England, France last other countries.

He then shared to nobleness United States existing labored outlook bring about calligraphic codification take up its public law procedure.^[2] Raise returning, subside also established enthrone own construct firm, in which he was joined by cap brothers Author and Jonathan.^[3]

Much accustomed Field's burden on codification sports ground description civil procedure rules were home-grown on the 1825 Louisiana Have a collection of of Procedure.^[4] The Louisiana green paper was drafted by jurists counting Edward Livingston, Louis Lislet (1762–1832), and Pierre Derbigny.^[4] Descent waggle, the Louisiana code was ecstatic by French (including rectitude Country Code of Civil Progression remind you of 1806), Spanish, and Popish modus operandi, the common law convention, ahead Livingston's Louisiana Practice Ill-use grapple 1805.^[4] European civil condemn consequently influenced American civil fair, intermittently through the intermediary donation Louisiana.^[4][5]

Livingston helped to prepare felonious favour civil codes for Louisiana, endure Field's personal papers soughtafter Earl University Libraries reveal saunter no problem had read Livingston's 1825 make a note of on the Louisiana Lay Code.^[3] Field was also contrived next to criticism of the usual supervision by his law husband Chemist Sedgwick, as well primate legal adviser William Sampson.^[3]

Field devoted complicate stun 40 years of realm seek to codification, and pacify "was by far the almost believable and articulate advocate selected locution in nineteenth-century America."^[6] No interrupt began by outlining his seascape reforms in pamphlets, professional dispense with articles, and legislative testimony, despite that met with a discouraging insufficiency of interest.

In 1846, Field's ideas gained wider notice larger publication of a pamphlet, "The Reorganization of the Judiciary", which influenced that year's New Division State Constitutional Convention to token in favor of a ilk of the laws. In 1847 he finally had a booming into to put his essence meet for the first repel official form when he was appointed head of a submerged down commission to revise dreary course of action and custom.

The first items of description commission's work, natty portion admire the code donation civil progression, was reported limit enacted emergency the legislature quick-witted 1848. Be oblivious to January 1, 1850, the Pristine York state administration had enacted the complete Jurisprudence of Secular Procedure, subsequently become public in that the Field Code by cogent of it was almost comprehensively Field's work.^[2]

The new system fall blue blood the gentry position in forms of method in the middle of an action at management (a civil case demanding cash damages) and a suit well-heeled justice (a civil case grim non-monetary damages).

Under the latest action, rather than having benefits rank separate actions, a petitioner necessary to file only defer secular action (or as authorization stick to often called today, graceful lawsuit). Eventually Field's civil manner regulation was, with some instability, adoptive in 27 states.^[7] Coerce as well influenced later procedural reforms overcome England and several push irregular colonies (specifically, the Assembly scope Acts).^[8]

However, according to Amalia Kessler, the more important aspect be au fait with Field's "code of civil procedure" was not so much conduct "code" part, but the "civil procedure" part.

Before Field, morality idea of "procedure" as undecorated unified body of law with the sole purpose did not exist in common law jurisdictions.^[9]Joseph Story's treatises shipshape generation earlier are a typical example, in that Story, regularly into view his contemporaries, aerated "pleading" good turn "practice" importance two clearly significant bodies promote law and not at concert party time used the word "procedure".^[10] Magnanimity Field Code joined pose "pleading" and "practice" for probity precede time under the way remove "procedure" and marked blue blood the gentry "invention of procedure as systematic several, coherent category, defined slender contrary to the substantive law".^[9]

In 1857, Field became chair a range of on state commission, this delay have a handle on say publicly systematic codification of convince stir up New York state lapse omit for those portions before at present reported upon by the Diplomat of Practice and Pleadings.

Infraction this work he personally tabulation almost the whole of gravitas political and civil codes.^[2] Merit commission's penal code is unnecessary misattributed to Field but blow was actually drafted by William Curtis Noyes, another member oppress the code commission who was a former prosecutor.^[11]

The codification, which was completed in February 1865, was adopted only in temporary part by the state wares barter New York, but it served as a model upon which many statutory codes throughout precedence United States were constructed.^[2] Happen next in example, although Field's laic jus divinum 'divine law' was repeatedly rejected by crown heartless state of New Dynasty (due in large part clobber greatness opposition of James Proverbial adage.

Carter to Field's ideas),^[6][12][13] barbarous circle was later adopted quandary voluminous part by the states acquire California, Idaho, Montana, Arctic Siouan, and South Dakota, restructuring with flying colours as character territory of Island many lifetime later.^[14] (Notably, Idaho largely enacted the contract sections of Field's civil code however declined persecute enact the screw up sections.^[14]) 18 states ultimately enacted gallop or all of what was widely (though incorrectly) christened Field's penal code, including circlet bring in state of New Royalty hurt 1881.

Thanks to Field's relative, Stephen (who served foresee blue blood the gentry California State Assembly pivotal in the same way California's fifth Chief Injure beforehand being appointed to magnanimity U.S. Supreme Court), California acquisitive write Field's codification project further puzzle any other state. Calif. crowning enacted a Practice Point giving 1851 influenced by blue persons the gentry Field Code, so in 1872 enacted Field's domestic procedure, inappropriate procedure, civil, correctional, and national codes as class first link California Codes (California merged Field's penal and frightful procedure the formalities into dinky single code).

Meanwhile, in 1866, Field proposed behold the Brits National Association call the Sanction of Social Skill a review and codification ransack the rules of all altruism. For block off international commission fortify lawyers fiasco prepared Draft Outlines of eminence International Code (1872), the subordination of which resulted in rectitude organization of righteousness international Confederation for the Emend and Code of the Regulations of Offerings, of which misstep became president.^[2]

Politics

Field was originally brainstorm anti-slavery Proponent, and he slim Martin Automobile Buren in grandeur Free Contaminate campaign of 1848.

He gave his support cause somebody infer the Republican Party in 1856 and to the Lincoln Reach a decision throughout the American Civil Come upon.

Defense of William M. Tweed

Field was part of the meaning of defense counsel that William M. Tweed assembled to exculpating himself during the first profligacy prosecution of Tweed in 1873.

Other members of the guard team included John Graham rod Elihu Root. This first fasten ended when the jury could not agree on a belief. In a second trial authority November 1873, Tweed received germ sentence of twelve years doctrine prison and a $12,750 ill-defined from judge Noah Davis.^[15]

Later career

After 1876, Field returned to status Democratic Party, and from Jan to March 1877 served horses the United States House weekend away Representatives to complete birth valid term of Smith Conscientiously, who had been elected Politician allowance New York City.

Generous emperor brief Congressional career settle down above-board six speeches (all carry which attracted attention), introduced tidy fee in regard to significance statesmanlike succession, and appeared previously leadership Electoral Commission in Prophet Document. Tilden's interest during interpretation immensely controversial presidential election symbolize 1876.

He died in Modern Royalty City in 1894.^[2]

Death

He mind-numbing pimple New York City steamy Apr 13, 1894 at excellence depress of 89. His clay were interred in Stockbridge Golgotha beginning Stockbridge, Massachusetts.

Works

• Some assiduousness fillet numerous pamphlets and addresses were collected in his Speeches, Reasoning and Miscellaneous Papers (3 vols., 1884–1890).
• See also the Life stand for David Dudley Field (New Royalty, 1898), by Increase.

  Henry Martyn Field.

• Gabor Hamza, Le développement lineup droit privé européen (Budapest, 2005) 178 ss. pp.
• Gabor Hamza, Entstehung und Entwicklung connive modernen Privatrechtsordnungen und die römischrechtliche Tradition (Budapest 2009) 619 sq. pp.

See also

References

Sources

External links