David McCulloch (judge)
Encyclopedia
David McCulloch was a prominent Illinois
lawyer
and judge
.
. He was educated in a log schoolhouse
, before attending Marshall College in Mercersburg, Pennsylvania
, 1848-1852.
In 1852, McCulloch moved to Peoria, Illinois
and opened a classical school
in the basement of First Methodist Church. In 1854, he read law at the partnership of Manning & Merriam. In fall 1855, he was elected as a school commissioner for Peoria County, Illinois
, a post he would hold for six years.
McCulloch was admitted to the bar
on September 2, 1858. In 1865, he was appointed to fill a vacancy as a prosecutor
. Building on his prominence as a prosecutor, McCulloch ran successfully for circuit judge, and was re-elected in 1879. Shortly after he was re-elected, he was appointed to the Illinois Appellate Court
, a post he held for six years. In 1880, he served as the second president of the Illinois State Bar Association
. In 1883, he ran unsuccessfully for a seat on the Supreme Court of Illinois
, losing to Alfred M. Craig.
McCulloch retired from the bench in 1895 and resumed the practice of law
. In 1895, Judge Peter Stenger Grosscup
of the United States District Court for the Northern District of Illinois
appointed McCulloch bankruptcy
referee
for Peoria
, Tazewell
, Woodford, Marshall
, Stark
, and Putnam counties. He was re-appointed in 1900 by Judge Christian Cecil Kohlsaat
, and held this position until his death.
He was a devout member of Second Presbyterian Church in Peoria until his death. He was also took an active interest in the activities of the Illinois State Historical Society.
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
.
Biography
David McCulloch was born on January 25, 1832, in Big Spring, PennsylvaniaNewville, Pennsylvania
Newville is a borough in Cumberland County, Pennsylvania near Carlisle, Pennsylvania. The population was 1,367 at the 2000 census. It is part of the Harrisburg–Carlisle Metropolitan Statistical Area.Newville is served by the Big Spring School District....
. He was educated in a log schoolhouse
Log home
A log home is structurally identical to a log cabin...
, before attending Marshall College in Mercersburg, Pennsylvania
Mercersburg, Pennsylvania
Mercersburg is a borough in Franklin County, Pennsylvania, southwest of Harrisburg. Originally called Black Town, it was incorporated in 1831. In 1900, 956 people lived here, and in 1910, 1,410 people lived here...
, 1848-1852.
In 1852, McCulloch moved to Peoria, Illinois
Peoria, Illinois
Peoria is the largest city on the Illinois River and the county seat of Peoria County, Illinois, in the United States. It is named after the Peoria tribe. As of the 2010 census, the city was the seventh-most populated in Illinois, with a population of 115,007, and is the third-most populated...
and opened a classical school
Classical education movement
The Classical education movement advocates a form of education based in the traditions of Western culture, with a particular focus on education as understood and taught in the Middle Ages. The curricula and pedagogy of classical education was first developed during the Middle Ages by Martianus...
in the basement of First Methodist Church. In 1854, he read law at the partnership of Manning & Merriam. In fall 1855, he was elected as a school commissioner for Peoria County, Illinois
Peoria County, Illinois
Peoria County is a county located in the U.S. state of Illinois. According to the 2010 census, it has a population of 186,494, which is an increase of 1.7% from 183,433 in 2000. Its county seat is Peoria....
, a post he would hold for six years.
McCulloch was admitted to the bar
Admission to the bar in the United States
In the United States, admission to the bar is the granting of permission by a particular court system to a lawyer to practice law in that system. Each U.S. state and similar jurisdiction has its own court system and sets its own rules for bar admission , which can lead to different admission...
on September 2, 1858. In 1865, he was appointed to fill a vacancy as a prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
. Building on his prominence as a prosecutor, McCulloch ran successfully for circuit judge, and was re-elected in 1879. Shortly after he was re-elected, he was appointed to the Illinois Appellate Court
Illinois Appellate Court
The Illinois Appellate Court is the court of first appeal for civil and criminal cases arising in the Illinois Circuit Courts. Three Illinois Appellate Court judges hear each case and the concurrence of two is necessary to render a decision. The Illinois Appellate Court will render its opinion in...
, a post he held for six years. In 1880, he served as the second president of the Illinois State Bar Association
Illinois State Bar Association
The Illinois State Bar Association is the largest voluntary state bar association in the country. Approximately 30,000 lawyers are members of the ISBA. Unlike some state bar associations, in which membership is mandatory, ISBA membership is not required of lawyers licensed to practice in...
. In 1883, he ran unsuccessfully for a seat on the Supreme Court of Illinois
Supreme Court of Illinois
The Supreme Court of Illinois is the state supreme court of Illinois. The court's authority is granted in Article VI of the current Illinois Constitution, which provides for seven justices elected from the five appellate judicial districts of the state: Three justices from the First District and...
, losing to Alfred M. Craig.
McCulloch retired from the bench in 1895 and resumed the practice of law
Practice of law
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister,...
. In 1895, Judge Peter Stenger Grosscup
Peter Stenger Grosscup
Peter Stenger Grosscup was a United States federal judge.Born in Ashland, Ohio, Grosscup received an A.B. from Wittenberg College in 1872 and an LL.B. from Boston Law School in 1873.He was in private practice in Ashland, Ohio from 1873 to 1875 and was then city solicitor of Ashland until 1881...
of the United States District Court for the Northern District of Illinois
United States District Court for the Northern District of Illinois
The United States District Court for the Northern District of Illinois is the trial-level court with jurisdiction over the northern counties of Illinois....
appointed McCulloch bankruptcy
Bankruptcy
Bankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....
referee
Special referee
In law, a special referee acts as a judge on matters of fact only.-Explanation:In many instances, the interpretation of the specific statutes or case law relevant to a dispute is absolutely clear. The uncertainty between the parties lies in the facts. Hence, a special referee is an expert in the...
for Peoria
Peoria County, Illinois
Peoria County is a county located in the U.S. state of Illinois. According to the 2010 census, it has a population of 186,494, which is an increase of 1.7% from 183,433 in 2000. Its county seat is Peoria....
, Tazewell
Tazewell County, Illinois
Tazewell County is a county located in the U.S. state of Illinois. According to the 2010 census, it has a population of 135,394, which is an increase of 5.4% from 128,485 in 2000. Its county seat and largest city is Pekin. The majority of the population live in the suburbs and bedroom communities...
, Woodford, Marshall
Marshall County, Illinois
The median income for a household in the county was $41,576, and the median income for a family was $48,061. Males had a median income of $35,765 versus $21,452 for females. The per capita income for the county was $19,065...
, Stark
Stark County, Illinois
Stark County is a county located in the U.S. state of Illinois. According to the 2010 census, it has a population of 5,994, which is a decrease of 5.3% from 6,332 in 2000...
, and Putnam counties. He was re-appointed in 1900 by Judge Christian Cecil Kohlsaat
Christian Cecil Kohlsaat
Christian Cecil Kohlsaat was a United States federal judge.Kohlsaat attended the University of Chicago and received an LL.B. from Illinois Law School, then read law to enter the bar in 1867. He was in private practice in Chicago, Illinois from 1867 to 1890...
, and held this position until his death.
He was a devout member of Second Presbyterian Church in Peoria until his death. He was also took an active interest in the activities of the Illinois State Historical Society.