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John Forrest Dillon, the Man Behind Dillon's Rule

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John Forrest Dillon, the Man Behind Dillon's Rule JOHN FORREST DILLON, THE MAN BEHIND DILLON’S RULE BY PATRICIA D. CAFFERATA, ESQ. In 1838, when John Dillon was six, numbered in the thousands by the 1870s. his family moved from New York State In 1872, after researching decisions to Iowa. His father Thomas managed a for eight years, Dillon published the first The life of John hotel in Davenport, and John attended a edition of his Municipal Corporations. Forrest Dillon private school for children (before public The treatise quickly sold out, so, he schools). Originally, Dillon studied to added some new chapters, and a second 1831 Born, New York State be a doctor, but after graduating from edition was printed the next year. Dillon 1838 Moved to Iowa the College of Physicians and Surgeons also found time to compile other works, 1850 Graduated College of Physicians in in 1850, he realized he could not be a including the Removal of Cases from State doctor; an inguinal hernia prevented to Federal Courts and Municipal Bonds in Davenport, Iowa him from making the necessary trips, 1876. He published Dillon’s Reports of the 1852 Admitted to the Scott County, Iowa Bar on horseback, to visit patients on farms United States Circuit Courts of the Eighth 1852 Elected Prosecuting Attorney – outside of town. Circuit in 1878. Scott County, Iowa While Dillon sought another career, In 1879, John resigned from the a lawyer friend encouraged him to study bench, accepted a Columbia Law School 1853 Married Anna Price, a former law. He recommended Dillon begin by professorship, and opened private law schoolmate, Iowa reading Blackstone’s Commentaries. practice in New York City. As judges 1858, 1862 Elected to Seventh Judicial Unlike other lawyers at the time, Dillon across the country continued to decide District Court, Iowa did not study with another attorney or cases, Dillon added to his Municipal 1862 and 1868 Elected to Iowa attend law school. He taught himself the Corporations. He analyzed more than law by reading legal treatises and cases 3,000 cases for the third edition published Supreme Court and by studying legal documents. in 1881. The fourth edition appeared 1867 - 1868 Chief Justice Iowa Admitted to the Scott County Bar in 1890; his final and fifth edition was Supreme Court in Iowa in 1852, Dillon was soon elected released in 1911. 1869 Appointed by President Ulysses prosecuting attorney. In 1858, the voters In the final edition, Dillon analyzed S. Grant as a U.S. Circuit Judge elected him to the district court bench. He all the federal courts’ decisions and cases for Eighth Judicial Circuit for began writing up notes on all the Iowa from the then 46 states. He enlarged Minnesota, Iowa, Missouri, Supreme Court cases, so he could rule in the two volumes to five by adding new compliance with the court’s precedents. chapters on various topics. Arkansas, Kansas, Nebraska and In 1860, he published his first book, In 1882, Dillon’s practice required later Colorado Digest of the Decisions of the Supreme him to resign his Columbia professorship, 1879 Resigned and served as a Court of the State of Iowa, known as but he continued to publish legal treatises, professor at Columbia Law Dillon’s Digest. including The Laws and Jurisprudence School and opened his private The voters elected him to the Iowa of England and America in 1895. He also practice in New York Supreme Court in 1863. He was reelected compiled a four-volume work on John in 1869, but before his term began, Marshall: Life, Character and Judicial 1891 - 1892 President of the American Bar President Ulysses S. Grant appointed him Service. Judge John F. Dillon devoted his Association and professor at as a U.S. Circuit Judge for the Eighth life, studies and writing to improving the Yale Law School Circuit Judicial Circuit. legal profession. 1898 Wife Anna and daughter Annie As a judge, Dillon frequently faced perished when the S.S. La questions relating to municipalities. Bourgogne sank in a collision off He could find no American reference the coast of Nova Scotia books on the subject, and the books Nevada Lawyer Editorial from England could not be adapted to Board Chair PATRICIA 1914 Died in New York and is buried the American courts because the UK DILLON CAFFERATA’S in Iowa. had only a few municipal institutions. late step-father, and Reno On the other hand, Dillon found that attorney, Kenneth Dillon municipalities were the most striking was the great-grandson of feature of American government; they John Forrest Dillon. 46 Nevada Lawyer June 2013.
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