Nelson Cobb
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Nelson Cobb (March 19, 1811 – June 16, 1894) was the second chief justice of the
Kansas Supreme Court The Kansas Supreme Court is the highest judicial authority in the U.S. state of Kansas. Composed of seven justices, led by Chief Justice Marla Luckert, the court supervises the legal profession, administers the judicial branch, and serves as t ...
from December 28, 1862, to January 5, 1864.


Life, education and early career

Born March 19, 1811, in Windham,
Greene County, New York Greene County is a county located in the U.S. state of New York. As of the 2020 census, the population was 47,931. Its county seat is Catskill. The county's name is in honor of the American Revolutionary War general Nathanael Greene. The c ...
,William E. Connelley, ed.
Collections of the Kansas State Historical Society
(1915), p. 113, quoting ''Memorial Record'', Supreme Court, 56 Kan. xvi.
Clark Bell, ed., ''The Medico-legal Journal'', Vol. 18 (1900), p. 60. Cobb was educated at the common schools, moving with his family moved to
Genesee County, New York Genesee County is a county in the U.S. state of New York. As of the 2020 census, the population was 58,388. Its county seat is Batavia. Its name is from the Seneca word Gen-nis'-hee-yo, meaning "the Beautiful Valley".THE AMERICAN REVIEW; ...
, in 1826, where he lived on a farm with his father. He
read law Reading law was the primary method used in common law countries, particularly the United States, for people to prepare for and enter the legal profession before the advent of law schools. It consisted of an extended internship or apprenticeship un ...
in
Portage, New York Portage is a Administrative divisions of New York#Town, town in the southwest corner of Livingston County, New York, Livingston County, New York (state), New York, United States. The town is at the south end of Letchworth State Park. The name of ...
, where he was elected commissioner of public schools at the age of 22, and was elected justice of the peace of the village while he was a law student. He was nominated to the position by the democrats and endorsed by the Whigs and was elected with only three votes against him. He gained
admission to the bar An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are dist ...
, and moved to
Ellicottville Ellicottville is a town in Cattaraugus County, New York, United States. The population was 1,317 at the 2020 census. The town is named after Joseph Ellicott, principal land agent of the Holland Land Company. The town of Ellicottville includes a ...
,
Cattaraugus County, New York Cattaraugus County (locally known as Catt County) is a county in Western New York, with one side bordering Pennsylvania. As of the United States 2020 census, the population was 77,042. The county seat is Little Valley. The county was created ...
, where he practiced his profession until 1859, serving two terms as county judge. In 1859, Cobb resigned his judgeship and emigrated to the territory of Kansas, first settling at
Lawrence, Kansas Lawrence is a city in and the county seat of Douglas County, Kansas, United States, and the sixth-largest city in the state. It is in the northeastern sector of the state, astride Interstate 70 in Kansas, Interstate 70, between the Kansas River ...
. Judge Cobb married Susan E. Baker in 1865, the daughter of Hon. Marsena Baker farmer and member of the New York legislature, they had three daughters together. Although his age has exempted him from military duty in the
American Civil War The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...
he joined Captain Cracklin's company and took part in the defence of his home-town. After Lawrence was sacked by
William Quantrill William Clarke Quantrill (July 31, 1837 – June 6, 1865) was a Confederate States of America, Confederate guerrilla leader during the American Civil War. Quantrill experienced a turbulent childhood, became a schoolteacher, and joined a group ...
a new independent militia company was formed including Cobb as a private, which was subsequently mustered into the state militia.


Kansas

When the current chief justice
Thomas Ewing Jr. Thomas Ewing Jr. (August 7, 1829 – January 21, 1896) was an attorney, the first chief justice of Kansas and leading free state advocate, Union Army general during the American Civil War, and two-term United States Congressman from Ohio, 1 ...
resigned in 1862 to enter military service, Governor
Charles L. Robinson Charles Lawrence Robinson (July 21, 1818 – August 17, 1894) was an American politician who served in the California State Assembly from 1851 to 1852, and later as the first governor of Kansas from 1861 until 1863. Throughout his political ca ...
appointed Cobb to be the next Chief Justice after the election of John Hampton Watson to the position was declared void on a technicality. The appointment was until the end of the unexpired term vacated by Judge Ewing with the next election to be held in 1863. He served on the supreme bench for just over a year from December 28, 1862, to January 5, 1864. While there he wrote the opinions of the court in fifteen cases. His opinions are to be found in the first two volumes of the Kansas State Reports, and were said to "show remarkable powers of accurate analysis, clear and terse expression, exact knowledge of the law, and a high sense of justice". In the 1863 election he was defeated by
Robert Crozier Robert Crozier (October 13, 1827October 2, 1895) was an attorney, judge and politician from Kansas. A Republican, he was most notable for his service as Chief Justice of the Kansas Supreme Court (1864–1867) and United States Senator from K ...
, and although Crozier was constitutionally entitled to hold the position for a six year term the position was actually contended again in 1866 although some moved that this was invalid. Cobb was then nominated in this 1866 election by the National Union state convention, but was defeated, and
Samuel Austin Kingman Samuel Austin Kingman (June 26, 1818 – September 9, 1904) was a justice of the Kansas Supreme Court from February 9, 1861 to January 9, 1865, and chief justice from January 14, 1867 to December 30, 1876. Early life, education, and career Born ...
took up the position. At the expiration of his term Judge Cobb resumed practice in
Lawrence Lawrence may refer to: Education Colleges and universities * Lawrence Technological University, a university in Southfield, Michigan, United States * Lawrence University, a liberal arts university in Appleton, Wisconsin, United States Preparator ...
with Judge Chadwick until 1868, when he moved with his family to
Kansas City, Missouri Kansas City, Missouri, abbreviated KC or KCMO, is the largest city in the U.S. state of Missouri by List of cities in Missouri, population and area. The city lies within Jackson County, Missouri, Jackson, Clay County, Missouri, Clay, and Pl ...
, and where he resided until his death.


Missouri

On moving to Kansas City he set up in partnership with Col. J.D.S. Cook, and for the first ten years he was engaged in active professional life before retiring from general practice, acting only as occasional counsel in important causes. While in Kansas City he also lectured on constitutional and statute law at the University of Kansas City. He also served as a special circuit judge on occasions.


Death and acknowledgment

He died June 16, 1894, aged 84 at his home 2535 Oak Street,
Kansas City, Missouri Kansas City, Missouri, abbreviated KC or KCMO, is the largest city in the U.S. state of Missouri by List of cities in Missouri, population and area. The city lies within Jackson County, Missouri, Jackson, Clay County, Missouri, Clay, and Pl ...
(no longer standing). He had lived in Kansas City for over a quarter of a century. He was survived by his wife and three daughters, with his wife living until December 27, 1930, aged 97 and his daughters surviving them both. On the occasion of his death the Supreme Court of Kansas passed the following resolution and ordered it spread upon the journal of the court: :''"Resolved, That in the death of Nelson Cobb, who with honor and distinction presided over this court in the earlier years of its history, we mourn the loss of a good man ani an able jurist—a loss that comes as a profound personal bereavement to those of his professional brethren who had the good fortune to know him. We will ever cherish the memory of the deceased, who, as lawyer, judge, citizen, and neighbor, always had the highest respect and esteem of his fellows"'' His most distinguished mental traits were his powers of analysis and expression. He had a remarkable faculty for seizing the essential points of a case, of excluding all that was merely subordinate to the principal question, and bringing the latter into clear light for determination.


References

{{DEFAULTSORT:Cobb, Nelson 1811 births 1894 deaths People from Greene County, New York Lawyers from Kansas City, Missouri University of Missouri–Kansas City faculty Chief justices of the Kansas Supreme Court