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Henry Brannon

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Henry Brannon
Justice of the West Virginia Supreme Court of Appeals
In office
January 1889 – December 1912
Preceded byOkey Johnson
Succeeded byCharles W. Lynch
Personal details
Born(1837-11-26)November 26, 1837
Winchester, Virginia
DiedNovember 24, 1914(1914-11-24) (aged 76)
Weston, Virginia
Political party
EducationUniversity of Virginia

Henry Brannon (November 26, 1837 – November 24, 1914)[1] was a justice of the Supreme Court of Appeals of West Virginia from January 1, 1889, to December 31, 1912.

Early life, education, and career

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Born in Winchester, Virginia,[1][2] Brannon graduated from the University of Virginia in 1858. He thereafter moved to Weston, Virginia, reading law to gain admission to the bar in 1859. He was elected prosecuting attorney of Lewis County, Virginia, in 1860. In 1871, he represented the county in the West Virginia House of Delegates, and in 1880, he was elected to a seat on the West Virginia eleventh judicial circuit, succeeding his own older brother, John Brannon.

Judicial service and later life

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In 1888, Brannon was elected to a twelve-year terms on the state supreme court, taking office the following January.[1][2] Initially a Democrat, Brannon ran as a Republican in his successful 1900 reelection campaign.[1]

During his tenure, Brannon frequently clashed with fellow West Virginia Supreme Court of Appeals Justice Marmaduke H. Dent, as Brannon preferred to rely on precedent and laissez-faire economic principles in his jurisprudence.[3]

In 1901, Brannon published A Treatise on the Rights and Privileges Guaranteed by the Fourteenth Amendment to the Constitution of the United States, which cataloged how each clause of the amendment had been interpreted by state and federal courts following its 1868 enactment.[4] While Brannon's treatise has been frequently cited in US Supreme Court cases like Mackenzie v. Hare, it was criticized for minimally analyzing whether dominant interpretations were potentially flawed.[5][6]

Following his service on the court, he returned to private practice until his death.[1] Brannon died in Weston, West Virginia, at the age of 77, having argued a case before the circuit court the previous day, and complained of feeling ill afterwards.[1][2] His wife having died several years earlier, he was survived by a son and four daughters.[1]

References

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  1. ^ a b c d e f g "Judge Henry Brannon Dies Very Suddenly", The Clarksburg Daily Telegram (November 25, 1914), p. 3.
  2. ^ a b c "Judge Henry Brannon Dead", The Baltimore Sun (November 25, 1914), p. 3.
  3. ^ Reid, John (December 1962). "Henry Brannon and Marmaduke Dent: The Shapers of West Virginia Law, Part I". West Virginia Law Review. 65 (1): 19–37.
  4. ^ Brannon, Henry (1901). A Treatise On The Rights And Privileges Guaranteed By The Fourteenth Amendment To The Constitution Of The United States. Cincinnati: W. H. Anderson.
  5. ^ Mackenzie v. Hare, 239 U.S. 299 (S.Ct. December 6, 1915).
  6. ^ Rowe, Leo Stanton (1901). "Review of A Treatise on the Rights and Privileges Guaranteed by the Fourteenth Amendment to the Constitution of the United States". The Annals of the American Academy of Political and Social Science. 18: 133–134. ISSN 0002-7162 – via JSTOR.
Political offices
Preceded by Justice of the Supreme Court of Appeals of West Virginia
1889–1912
Succeeded by