Elisha W. McKinstry

Elisha Williams McKinstry
Associate Justice of the California Supreme Court
In office
December 29, 1873 – October 1, 1888
Appointed by Direct election
Succeeded by John D. Works
Personal details
Born (1824-04-10)April 10, 1824
Detroit, Michigan, U.S.
Died November 1, 1901(1901-11-01) (aged 77)
San Jose, California, U.S.
Spouse(s) Annie Hedges (m. 1864)
Alma mater Kenyon College (BA)

Elisha Williams McKinstry (April 10, 1824 – November 1, 1901) was a California jurist of the nineteenth century. He served as a justice of the California Supreme Court from 1874 to 1888.

Biography

McKinstry was born April 10, 1824, in Detroit, Michigan. In 1864, he married Annie Hedges. They had four children.

In 1849, McKinstry came to California on the steamship Panama.[1] and was a member of the first state legislature. In 1851, he opened a law practice in Napa, and was elected in 1852 as judge of the Seventh Judicial District Court for a term of six years, and in 1858 was re-elected.[2] On November 13, 1862, he resigned from the district court and moved Nevada, where he practiced law. In October 1867, having returned to California, he was elected San Francisco county judge for a term of four years, but before his term expired he was elected as an independent candidate as a judge of the 12th District Court.

In 1873, he was was nominated by the People's Independent Party and elected to the California Supreme Court, serving from 1874 to 1888.[3][4][5] In 1879, when adoption of a new constitution required elections for all seats on the Supreme Court, McKinstry was nominated by both the Democratic Party and Workingman's Party and was re-elected.[6][7] The newly elected judges drew lots to determine the length of term, and McKinstry drew an 11-year term. His notable cases include Lux v. Haggin, holding riparian rights prevailed in California. He resigned from the court on October 1, 1888.

After stepping down from the bench, from 1888 to 1895 he was a professor of law at the University of California's Hastings College of the Law in San Francisco.

McKinstry died on November 1, 1901, in San Jose, California.[8]

References

  1. ↑ "Re-union of the Pioneer Panama Passengers on the fourth of June, 1874: Being the twenty-fifth anniversary of the arrival of the steamship Panama at San Francisco". San Francisco, June 1874. California Bound, S.F. Genealogy.
  2. ↑ "Meeting of the Courts". Marin Journal (6). California Digital Newspaper Collection. 27 April 1861. p. 1. Retrieved July 25, 2017.
  3. ↑ "Judge Elisha W. McKinstry". Red Bluff Independent (12). California Digital Newspaper Collection. 4 October 1873. p. 2. Retrieved July 25, 2017.
  4. ↑ "The Convention Completes Its Work". Sacramento Daily Union (46 (7014)). California Digital Newspaper Collection. 26 September 1873. p. 2. Retrieved July 25, 2017.
  5. ↑ "The Independent Convention". Marysville Daily Appeal (74). California Digital Newspaper Collection. 26 September 1873. p. 3. Retrieved July 25, 2017. Judge E. W. McKinstry was unanimously nominated as candidate for Judge of the Supreme Court.
  6. ↑ "The State Election". Mariposa Gazette. California Digital Newspaper Collection. 6 September 1879. p. 12. Retrieved July 25, 2017. E. W. McKinstry, Democratic and W. P. C. for Associate Justice, is undoubtedly elected.
  7. ↑ "Official Returns of the Election". Sacramento Daily Union (8 (191)). California Digital Newspaper Collection. 20 October 1879. p. 2. Retrieved July 25, 2017.
  8. ↑ The History of Contra Costa County, California, Frederick J. Hulaniski, Elms Publishing, 1917

See also

Legal offices
Preceded by
 Associate Justice of the California Supreme Court
1873–1888 		Succeeded by
John D. Works
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