Sir James Wigram, FRS (1793–1866) was an English barrister, politician and judge.

Life

He was the third son of

Eleanor Wigram Eleanor, Lady Wigram (née Watts, formerly Agnew; 1 April 1767 – 23 January 1841) was a British philanthropist based in Walthamstow, London. Life Wigram was born in 1767. Her mother was Eleanor (born Wyatt) and her father was John Watts and he ...

and

Sir Robert Wigram, 1st Baronet Sir Robert Wigram, 1st Baronet (30 January 1744 – 6 November 1830) was a British merchant shipbuilder and Tory politician who sat in the House of Commons of Great Britain and of the United Kingdom between 1802 and 1807. Background Wigram was ...

, and younger brother name of

Sir Robert Fitzwygram, 2nd Baronet Sir Robert Fitzwygram, 2nd Baronet, Fellow of the Royal Society, FRS (25 September 1773 – 17 December 1843), born Robert Wigram, was a List of directors of the Bank of England, Director of the Bank of England and a Tories (British political pa ...

in 1832; another brother was Joseph Cotton Wigram. Born at his father's residence, Walthamstow House, Essex, on 5 November 1793, James was educated privately and at

Trinity College, Cambridge Trinity College is a Colleges of the University of Cambridge, constituent college of the University of Cambridge. Founded in 1546 by King Henry VIII, Trinity is one of the largest Cambridge colleges, with the largest financial endowment of any ...

, where he graduated B.A. in 1815, gained a fellowship two years later, and proceeded M.A. in 1818. Admitted a student of

Lincoln's Inn The Honourable Society of Lincoln's Inn, commonly known as Lincoln's Inn, is one of the four Inns of Court (professional associations for Barrister, barristers and judges) in London. To be called to the bar in order to practise as a barrister ...

on 18 June 1813, he was

called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...

there on 18 November 1819. In practice in the

Court of Chancery The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the Common law#History, common law. The Chancery had jurisdiction over ...

, Wigram built up a career. In Michaelmas vacation 1834 he was made

King's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...

, and, in 1835 became a bencher of Lincoln's Inn. That year he also was elected a

Fellow of the Royal Society Fellowship of the Royal Society (FRS, ForMemRS and HonFRS) is an award granted by the Fellows of the Royal Society of London to individuals who have made a "substantial contribution to the improvement of natural science, natural knowledge, incl ...

.royalsociety.org, ''Wigram; Sir; James (1793 - 1866)''.
/ref> Supported by his wife's family interest, Wigram fought an election for

Leominster Leominster ( ) is a market town in Herefordshire, England; it is located at the confluence of the River Lugg and its tributary the River Kenwater. The town is north of Hereford and south of Ludlow in Shropshire. With a population of almos ...

on Tory principles in 1837, but was defeated at the poll. He was, however, returned for the borough without opposition at the next general election, on 28 June 1841. On 28 October 1841 Wigram was raised to the bench under the act for the better administration of justice (5 Vict. c. 5), which provided for the appointment of a second Vice-Chancellor of England. He was sworn a member of the

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August ...

on 15 January 1842, and received the customary

knighthood A knight is a person granted an honorary title of a knighthood by a head of state (including the pope) or representative for service to the monarch, the church, or the country, especially in a military capacity. The concept of a knighthood ...

the same month. Wigram was compelled by ill-health, resulting in the total loss of sight, to retire from the bench in Trinity vacation 1850, when he was granted a pension of £3,500 a year. He died on 29 July 1866.

Notable judicial decisions

Wigram's two most famous decisions were probably: * ''

Foss v Harbottle ''Foss v Harbottle'' (1843) 2 Hare 46167 ER 189is a leading English precedent in corporate law. In any action in which a wrong is alleged to have been done to a company, the proper claimant is the company itself. This is known as "the proper pla ...

'' (1843) 2 Hare 461 (and the eponymous "rule in ''Foss v Harbottle''"), and * '' Henderson v Henderson'' (1843) 3 Hare 100 He was also the judge at first instance in '' Foley v Hill'' (1848) 2 HLC 28.

Works

Wigram was the author of two legal works, ''Examination of the Rules of Law respecting the Admission of Extrinsic Evidence in aid of the Interpretation of Wills'' (1831, four editions), and ''Points in the Law of Discovery'' (1836). They led him into correspondence with

Joseph Story Joseph Story (September18, 1779September10, 1845) was an American lawyer, jurist, and politician who served as an associate justice of the Supreme Court of the United States from 1812 to 1845. He is most remembered for his opinions in ''Martin ...

Family

On 28 October 1818 Wigram married Anne (d. 1844), daughter of Richard Arkwright of Willersley Castle, Derbyshire, and granddaughter of Sir Richard Arkwright. Her family owned property in the neighbourhood of

Herefordshire Herefordshire ( ) is a Ceremonial counties of England, ceremonial county in the West Midlands (region), West Midlands of England, bordered by Shropshire to the north, Worcestershire to the east, Gloucestershire to the south-east, and the Welsh ...

. He left a family of four sons and five daughters.

Notes

;Attribution

External links

* {{DEFAULTSORT:Wigram, James 1793 births 1866 deaths English barristers 19th-century English judges Fellows of Trinity College, Cambridge Fellows of the Royal Society People from Walthamstow UK MPs 1841–1847 Conservative Party (UK) MPs for English constituencies Younger sons of baronets Members of the Privy Council of the United Kingdom Vice Chancellors (Court of Chancery)