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

Life

He was the third son of Lady Eleanor and Sir Robert Wigram, 1st Baronet, and younger brother name of

Sir Robert Fitzwygram, 2nd Baronet Sir Robert Fitzwygram, 2nd Baronet, FRS (25 September 1773 – 17 December 1843), born Robert Wigram, was a Director of the Bank of England and a Tory politician. Early life Fitzwygram was the eldest son of Lady Eleanor and Sir Robert Wigram, ...

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 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 college at either Cambridge or Oxford. ...

, where he graduated B.A. in 1815, gained a fellowship two years later, and proceeded

M.A. A Master of Arts ( la, Magister Artium or ''Artium Magister''; abbreviated MA, M.A., AM, or A.M.) is the holder of a master's degree awarded by universities in many countries. The degree is usually contrasted with that of Master of Science. Tho ...

in 1818. Admitted a student of Lincoln's Inn on 18 June 1813, he was called to the bar 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. The Chancery had jurisdiction over all matters of equ ...

, Wigram built up a career. In Michaelmas vacation 1834 he was made King's Counsel, 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 judges of the Royal Society of London to individuals who have made a "substantial contribution to the improvement of natural knowledge, including mathemat ...

.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, 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 11,700, Leominster i ...

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 The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. This judge and the other two heads of divisions (Family and Queens Bench) sit by virtue of their offices often, as and when ...

. 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 Aug ...

on 15 January 1842, and received the customary

knighthood A knight is a person granted an honorary title of 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. Knighthood finds origins in the ...

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 pl ...

'' (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 ''Foley v Hill'' (1848) 2 HLC 28, 9 ER 1002 is a judicial decision of the House of Lords in relation to the fundamental nature of a bank account. Together with '' Joachimson v Swiss Bank Corporation'' 9213 KB 110 it forms part of the foundatio ...

'' (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 (September 18, 1779 – September 10, 1845) was an associate justice of the Supreme Court of the United States, serving from 1812 to 1845. He is most remembered for his opinions in ''Martin v. Hunter's Lessee'' and '' United States ...

Family

On 28 October 1818 Wigram married Anne (d. 1844), daughter of Richard Arkwright of

Willersley Castle Willersley Castle is a late 18th-century country mansion above the River Derwent at Cromford, Derbyshire, outside Peak District National Park. The castle has been a Grade II* listed building since April 2000. Standing in of grounds, the Clas ...

, Derbyshire, and granddaughter of

Sir Richard Arkwright Sir Richard Arkwright (23 December 1732 – 3 August 1792) was an English inventor and a leading entrepreneur during the early Industrial Revolution. He is credited as the driving force behind the development of the spinning frame, known as t ...

. Her family owned property in the neighbourhood of

Herefordshire Herefordshire () is a county in the West Midlands of England, governed by Herefordshire Council. It is bordered by Shropshire to the north, Worcestershire to the east, Gloucestershire to the south-east, and the Welsh counties of Monmouthsh ...

. 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