392:. Although the author's preference for oral teaching was well established, he explained that in this case written backup was necessary in order to communicate to his learners, due to the interpretational complexities of the subject. It is nevertheless worth quoting from his introductory section, both because he felt the need to justify the written format and because of the way he sets out pedagogical precepts to which he would remain faithful through his later career in the law, teaching and politics: "I have not piled in with endless overlapping citations, but have tried to restrict myself to what is necessary to support the assertions and represent the evaluations provided by those making them. If their persuasive weight is sufficient, they will find their way into an objective assessment without the need for further support. If they do not, they should be rejected irrespective of the support included.
823:. His professional focus was now exclusively on legal work. During his later years at the High Court judiciary he had already undertaken some work of the "JahrbĂŒcher fĂŒr Badisches Recht. Als erweiterte Fortsetzung der oberhofgerichtlichen JahrbĂŒcher", an extended version of the Year Book for the Baden High Court, and in 1867 the first volume of it was published. It contained a considerable number of thoughtful and interesting contributions from Stabel's own pen. A more substantial scholarly work, "Institutionen des französischen Zivilrechts", followed in 1871. He had been working on this book for some time, and its completion caused him some difficulty since by this time his eyes were starting to fail. In 1876 he underwent a
524:
the 1850s that can be a somewhat anachronistic term, because it implies that the "LandstÀnde" was a form of proto-parliament. The assembly lacked the basic democratic credentials associated with a twentieth century parliament, but it did represent a bridge between, on the one side, the prince or duke and his government and, on the other side, the society and societal institutions which over which they governed. As a leader in the assembly Stabel was in a position to straddle the bridge between the government and the governed, and to develop an acute understanding of both. Another of Stabel's side-lines for several years, starting in 1854, was the presidency of the commission responsible for the newly introduced
343:, and in 1840 a public prosecutor. There are indications that he had been in poor health during the later 1830s, and the administrative nature of the government job he took in 1838 may have been less stressful than the schedule under which he had been operating as an advocate. Respect for his achievements as an advocate between 1830 and 1838, at a time when many of the court and legal ground rules were still in a state of significant flux following the introduction in 1810 of the foreign and in many ways alien
512:, who had been retired in 1848 and then in 1849 summoned out of retirement to fill the post at least until a more lasting solution could be decided upon. Organisational changes at the high court already in the pipeline were implemented at the start of 1852. Stabel now served both as chairman of the judiciary and as judge at the high court in Mannheim till April 1860. From these two jobs he exercised a major influence on developments in the justice system through the 1850s.
347:, was nevertheless widespread among colleagues. New procedural rules implemented in May 1832 placed a far greater importance on oral pleadings, delivered in open court, than had applied hitherto. Stabel's crisp advocacy style favoured sharpness and brevity. His pleadings were factual and law-based. He disliked and avoided lengthy written submissions and shunned the oratorical declamatory phrase-making characteristic - according to German sources - of French advocacy.
311:, he was accepted for work as a government lawyer by decrees of the Interior Ministry, dated 1 December 1829, and of the Justice Ministry, dated 19 January 1830. This meant that he was authorized to represent a case before a judge of the higher courts under almost any circumstances subject only to the requirement (in practice virtually meaningless) that he should have the "assistance" of a lawyer (
677:
in 1861. Following through with a piece of legislation on which governments had been working since 1851, and based originally on a draft document dating back to 1845, a new judicial constitution since 1851, and based originally on a draft document dating back to 1845, a new judicial constitution was developed and conducted through the first and second chambers of the
363:. By this time he was causing something of a stir among legal professionals with his contributions to the specialist legal journals "Annalen der groĂherzoglich-badischen Gerichte" and "BlĂ€ttern fĂŒr Justiz und Verwaltung". It was also in 1841, on 9 November, that he embarked on a parallel career in the universities sector, accepting a professorial teaching chair in
690:
cases of greater seriousness were to be heard before judges, while the most serious criminal cases were to be sent for a jury trial. As far as civil litigation was concerned, this was to be dealt with, at first instance, by collegial courts for important matters and by local courts for less significant cases. With this organisational structure the
676:
Matters which absorbed the largest proportion of his activity involved the justice system. He retained the justice portfolio throughout his six years as head of government, while for other portfolios, notably those covering foreign policy and liaison with the court, others took on the duties involved
523:
of the "LandstÀnde" (Baden's traditional quasi-representative body). He was immediately appointed to the vice-presidency of the chamber. He was reappointed with each new session, successively in 1855, 1857 and 1859. The "LandstÀnde" is sometimes termed in sources the "Landtag", but in the context of
404:
and their unfolding aftermath. The civil law topics treated in this way were those in respect of French ci8vil law presented particular difficulty to his law students in Baden, such as matrimonial property, family law, liens, possession and limitation periods. Although these treatises were intended
461:
through the rest of 1848 and the first half of 1849. During the first week of June 1849 a large number of senior and middle level members of the government were removed resigned. After several weeks of intensifying uncertainty, on 21 June 1849 Anton Stabel filled one of the resulting vacancies: he
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proclamation of 7 April 1860 which was greeted with enthusiasm across the country. The burning issues of church politics would now be regulated by law in a manner that was friendly towards the church. The church too, in some respects immediately and in some respects shortly afterwards, reconciled
689:
and the practical requirements of justice and efficiency. There was, predictably in view of Stabel's known preferences, a new emphasis on oral pleadings heard in public. In less serious criminal cases there was provision for hearings before panels of five judges well trained in the law: criminal
581:
themselves, immediate outrage followed, which was linked to immediate opposition to the agreement with Rome. It was believed that church-state relations could only be ordered or amended with the consent of the LandstÀnde. The belief was strengthened by the fact that most of the constitutional
790:
took over on 27 July 1866. ( Mathy, unlike his senior government colleagues, had favoured the
Prussian side in the recent war.) Stable resigned from the government and went into retirement. In February 1867 he was persuaded to return, serving as Minister for Justice in
548:
and in the career of Anton Stabel. It was the year that marked Stabel's final transfer from the higher echelons of the judiciary to the higher echelons of government. The catalyst for that was church-state relations. On 28 June 1859 a convention was concluded with the
478:
and his government. Despite immediate pressure for a reactionary backlash, the next few years were years of progressive reform and modernisation of the justice system, much of it responding to the demands that liberal revolutionaries had put forward
640:
was installed the same day, in which Anton Stabel held various posts including
President of the Ministry of State, Minister for Justice and Minister for Foreign Affairs. Although the term was not yet in common parlance, he was in more modern terms
536:. He thereby created a practical test designed to demonstrate the ability, on the part of young lawyers, to apply theoretical knowledge correctly across the great range of practical situations which they might expect to come across in practice.
1517:
432:
District Court. However, the time he was able to devote to lecturing at the university was further curtailed in April 1847 when he accepted the "third seat" as a vice-chancellor at the High Court for Baden (which was located at
1247:
JahrbĂŒcher des GroĂherzoglich
Badischen Oberhofgerichts: Sammlung einiger neuern, bei d. GroĂherzogl. Badischen Oberhofgerichte im Criminal- u. Civilfache ergangenen Erkenntnisse u. VerfĂŒgungen, mit bes. RĂŒcksicht auf d. neue
383:
In 1843 Stabel published his "VortrĂ€ge ĂŒber das französische und badische
Civilrecht, insbesondere ĂŒber dessen Einleitung". (The title was subsequently simplified.) It consisted of a general introduction to the
441:). Sources insist that on account both of his personality and of his formidable reputation in legal circles, his influence on the direction and judgements of the high court quickly surpassed by far that of the
503:
of which the election was a part, came to nothing at this stage, however. In
October 1851 he resigned from the government and returned to the top echelons of the judiciary. The previous head of the judiciary,
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1037:
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between 1861 and 1864. It included prescriptive procedural regulations for civil and criminal trials and a procedural code for lawyers. The law entered into force on 1 October 1864, delivering to
405:
only to clarify matters for his own students, they were disseminated more widely and acquired greater significance than anticipated for the discipline and practical application of civil law
1502:
1073:"Stabel, Anton von (badischer Adel 1877) .... badischer Richter und Staatsminister, * 9. 10. 1806 Stockach, â 22. 3. 1880 Karlsruhe, â° Karlsruhe, Hauptfriedhof. (evangelisch)"
642:
177:
240:
bailiffs for more than three centuries, till 1805. Stabel's childhood coincided with a period of military and political turbulence. In 1810 the district was transferred by
590:
requesting that "the ordinance of 5 December 1859 should be set aside". By that time Anton Stabel, in the context of (or possibly exceeding) his responsibilities as
1482:
767:
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and thereby more broadly the previous month. He took a lead in drafting the new legislation on this and other key matters touching the lives of citizens.
569:. In Baden the agreement was published by means of a decree dated 5 December 1859. On 24 November 1859 the text of the convention was passed to the
176:
and statesman. For a number of years he was the Grand Duchy's senior judge. Subsequently, following a succession of ministerial appointments, he became
1512:
1487:
375:. Following Stabel's university appointment he appears to have stepped back for a few years from his government work with the judicial service.
474:
were still controlled by republican insurrectionists till July 1849, when troops from
Prussia enforced the return of Karlsruhe to the control of
462:
accepted a position as
President of the Ministry for the Interior and Justice. He took over his new responsibilities at a difficult time. The
1135:
Hans Wagner: Der
Staatsmann Anton von Stabel. In: Aus Stockachs Vergangenheit. Verein fĂŒr Geschichte des Hegaus e. V., Radolfzell, 1967, p. 81f.
428:
During 1844/45 Stabel served a term as university pro-rector, and in April 1845 he resigned his remaining public appointment as director of the
830:
Anton Stabel became Anton von Stabel in April 1877, being among those reaised to the nobility to celebrate the twenty-fifth anniversary of the
1522:
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283:. Other student societies he joined were the local "Burschenverein" and the "Burschenschaft Feuerreiter". In 1823 he became a member of the
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221:
53:
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483:. Stabel took a leading role in the implementation of reforms, both during his two year stint at the justice ministry and subsequently.
1507:
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335:. After eight years working as a lawyer, in October 1838 he took a government appointment as an Assessor (judicial assistant) at the
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itself to the new structure. Stabel himself had already given the issues much thought and his views on them had been published to the
249:
1201:
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amendments included in the agreement involved matters already dealt with under
Section 65 of the Constitution. On 30 March 1860 the
438:
1196:
Helge Dvorak: Biographisches
Lexikon der Deutschen Burschenschaft. vol I: Politiker. subsection 5: RâS. Winter, Heidelberg 2002,
831:
811:
but never to Stabel, and this time, when Anton Stabel retired from government on 13 February 1868, his retirement was permanent.
665:
724:
under Stabel's leadership pursued a resolutely law-based approach. The government enjoyed full support in this respect from the
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and from the army. Any other attitude would have been unthinkable in view of the popular mood and the geographical position of
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276:
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184:, serving between 1861 and 1866. He is remembered, most particularly, for a series of exemplary Judicial and Court reforms.
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300:
528:. Admirers assert that he was the principal designer of the syllabus and examination, broadly as they still existed across
606:
During March 1860 Anton Stabel published his "Foundations for the Commission Report on the Convention with the Holy See" (
1023:
284:
771:
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615:
587:
516:
508:, had died in 1848 and his responsibilities had subsequently been undertaken by the former chancellor of the high court
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713:
1176:
Jurist, Staatsminister, * 9. Oktober 1806 Stockach, â 22. MĂ€rz 1880 Karlsruhe, ev., â 1832 Crescentia MĂŒller, 6 Kinder
1218:
630:
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303:, Stabel embarked, on a legal internship. Following a two year traineeship spent in regional government offices at
804:
315:) with the right of audience at the court in question. In 1832 he was himself appointed a senior court advocate (
265:
101:
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1027:
573:, with the comment added that "in view of the legislative changes special schedules would be submitted to the
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1860 was a particularly important year both for the development and for the modernisation of government in the
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created, during the early 1860s, almost exactly the same justice system as that which would be adopted by
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400:. He published were several further treatises, drilling down into individual points arising from the
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In January 1841 Stabel was appointed to a junior judicial post as an "Hofgerichtsrathe", no longer in
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248:, of which it would remain a part throughout and beyond Anton Stabel's life. Stabel attended the
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War clouds returned shortly after the completion of the justice system reforms. In October 1865
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had upended the national order, and the putting down of the insurrection was far from complete.
614:, but before any such discussion took place there came a decisive development on 2 April 1860:
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retired from the Foreign Ministryu over which he had presided since 1861, to be succeeded by
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388:, which had benefitted from a number of additions and refinements since its introduction in
308:
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head of government - often, if very loosely, translated into English as "Minister-President"
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371:, a position vacated some ten weeks earlier through the death of the previous incumbent,
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598:, had produced his own proposals for resolving the accelerating constitutional crisis.
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a justice system thoroughly modern in its approach, meeting both the requirements of
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608:"Grundlagen fĂŒr den Commissionsbericht ĂŒber die Convention mit dem pĂ€pstlichen Stuhl"
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1110:: Sozialgeschichte Baden-WĂŒrttembergs 1800â1989. Kohlhammer, Stuttgart, 1989, p. 27.
653:, a liberal lawyer the leading spokesman for the opponents of the convention in the
500:
636:, and in the words of one source "released its senior members into retirement".
650:
740:. There was no sympathy for the intensified quasi-diplomatic manoevrings of the
550:
268:
327:. The next year, still aged only 26, he accepted the additional appointment of
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1041:
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Stabel now returned to private life, but he continued to live in the capital,
808:
796:
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657:, should also join the government. Lamey, who was a leading advocate for full
1145:
1083:
Historische Kommission bei der Bayerischen Akademie der Wissenschaften (HiKo)
1038:
Historische Kommission bei der Bayerischen Akademie der Wissenschaften (HiKo)
807:
took over. Jolly came from a new political generation: he had been close to
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82:
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1518:
Members of the First Chamber of the Diet of the Grand Duchy of Baden
208:. When he was born, however, the region was contested between the
173:
1268:
Verfassungsentwicklung in den deutschen Einzelstaaten (1806-1918)
857:
The most recent of the sources cited here was published in 1893.
554:
351:
Rising star of the legal profession / court official / professor
224:. His father, Jakob Stabel was a senior government official in
1219:"Blick in die Geschichte Nr. 63: Biographie Anton von Stabel"
837:
Narrowly predeceased by his wife, Anton von Stabel died from
457:
and its political aftermath continued to resonate across the
178:
president of the council of ministers and minister of state (
732:
and its neighboring states. The political tradition of the
1215:
Dr. Detlev Fischer, Vors. Richter am Landgericht Karlsruhe
736:
had been strongly liberal ever since its creation back in
645:
and the leading figure in the government. Nevertheless,
359:
but, closer to the region of his birth and childhood, at
610:). It was intended as a key discussion document for the
228:
which, till 1805, was the administrative capital of the
232:. Nellenburg had been administered, on behalf of the
487:
At the interface of government and the justice system
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67:
28:
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275:. As a student, in 1822 he joined the venerable
618:, following the advice of his friend and advisor
299:On 15 January 1828, after passing the necessary
661:, took charge at the Ministry of the Interior.
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1122:GroĂherzoglich Badisches Regierungsblatt: 1864
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216:. Stabel was born less than a year after the
8:
1503:Academic staff of the University of Freiburg
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1396:. Carl Winters UniversitÀts-Buchhandlung,
960:. Verein Rechtshistorisches Museum e. V.,
18:
1225:. Stadt Karlsruhe (Kultur und Tourismus)
1178:. Stadt Karlsruhe (Kultur und Tourismus)
712:, a top diplomat of long experience. As
495:Stabel was elected to membership of the
455:uprising which had erupted in March 1848
1318:. Landesvereinigung Baden in Europa e.V
1313:"200Jahre Badische Verfassung von 1818"
870:
850:
165:(9 October 1806 - 22 March 1880) was a
16:German judge and politician (1806â1880)
1448:
1438:
1294:
1284:
1146:"History of the district of Constance"
770:. By the end of that month there were
317:"Obergerichtsadvokat & Prokurator"
204:, today in the extreme south-west of
200:was born into a protestant family at
7:
1483:People from the Grand Duchy of Baden
1033:Allgemeine Deutsche Biographie (ADB)
557:which was intended to put an end to
256:till around 1822. He then studied
222:Dissolution of the Holy Roman Empire
1265:Michael Kotulla (26 January 2006).
519:appointed him to membership of the
622:following the submission from the
14:
577:". Across the country and in the
1271:. Springer-Verlag. p. 434.
1024:Friedrich Neubronn von Eisenburg
954:"Anton von Stabel (1806 - 1880)"
664:The new government arranged the
626:of 30 March 1860, dismissed the
559:a decade of tension and conflict
373:Prof. Dr. Duttlinger (1788-1841)
220:, which had triggered the rapid
1513:19th-century German politicians
1488:People from Konstanz (district)
649:and his advisors required that
714:Prussia's dispute with Austria
659:separation of church and state
1:
1425:. Mohr Siebeck. p. 193.
1244:Baden Oberhofgericht (1845).
919:. G. Braunsche Buchhandlung,
331:at the nearby High Court for
1523:Minister-presidents of Baden
1419:Jean-Philippe Klein (2010).
386:"Code Napoléon" (legal code)
1539:
1508:19th-century German judges
1498:Politicians from Karlsruhe
1223:Karlsruhe: Stadtgeschichte
620:Baron Franz von Roggenbach
193:Provenance and early years
726:First and Second Chambers
1078:Neue Deutsche Biographie
801:a replacement government
762:had been settled on the
464:so-called May revolution
127:"Minister-President" of
123:University Law professor
799:died in February 1868,
751:By early July 1866 the
526:Level 2 state law exams
416:, by extrapolation, in
212:and the disintegrating
1148:. Landratsamt Konstanz
651:Prof. Dr. August Lamey
369:University of Freiburg
230:Nellenburg Langraviate
1493:Jurists from Mannheim
1170:René Gilbert (2015).
701:fifteen years later.
586:agreed an address to
402:legal reforms of 1810
1392:Badische Biographien
1347:Badische Biographien
1251:. Götz. p. 577.
915:Badische Biographien
720:, the government of
706:Franz von Roggenbach
692:Grand Duchy of Baden
643:"Minister President"
546:Grand Duchy of Baden
218:Battle of Austerlitz
58:Grand Duchy of Baden
1379:Friedrich von Weech
1342:"Franz von Stengel"
1338:Friedrich von Weech
1028:"Stabel, Anton von"
906:Friedrich von Weech
780:Stabel's government
774:occupying parts of
753:differences between
742:Prussian leadership
710:Baron von Edelsheim
532:twenty years after
501:unification project
277:Germania TĂŒbingen (
125:Government minister
117:Court administrator
1400:. pp. 453â505
1359:. pp. 311â315
1172:"Anton von Stabel"
1089:. pp. 776â777
1044:. pp. 332â337
923:. pp. 163â178
910:"Anton von Stadel"
841:on 22 March 1880.
602:Head of government
394:'Veritas vincit' (
287:student fraternity
285:Old Heidelberger (
279:student fraternity
242:the French emperor
1432:978-3-16-149974-6
1394:V. Teil 1891-1901
1353:Verlag Bassermann
1278:978-3-540-29289-0
958:Juristenportraits
795:. However, after
510:Christoph Trefurt
506:Baron von Stengel
497:Erfurt parliament
437:between 1810 and
396:May truth prevail
234:House of Hapsburg
214:Holy Roman empire
160:
159:
156:Maria Anna ______
138:Crescentia MĂŒller
51:Holy Roman empire
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1248:ProzeĂ-Verfahren
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1217:(14 June 2004).
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1125:. Macklot. 1864.
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1108:Willi A. Boelcke
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782:had resigned. A
696:post-unification
638:A new government
540:Concordat crisis
414:and subsequently
250:secondary school
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23:Anton von Stabel
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793:Mathy's cabinet
772:Prussian troops
756:Austria-Hungary
604:
542:
489:
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426:
381:
353:
345:"Code Napoléon"
301:state law exams
297:
266:universities of
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98:Alma mater
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71:22 March 1880
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1402:. Retrieved
1390:
1373:
1361:. Retrieved
1349:Zweiter Teil
1345:
1332:
1320:. Retrieved
1307:
1267:
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1239:
1227:. Retrieved
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1180:. Retrieved
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1140:
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1115:
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1091:. Retrieved
1076:
1046:. Retrieved
1031:
965:. Retrieved
957:
925:. Retrieved
917:Dritter Teil
913:
853:
836:
832:Grand Duke's
829:
818:
805:Julius Jolly
764:battlefields
750:
716:turned into
703:
675:
666:Grand Duke's
663:
607:
605:
551:Church Curia
543:
514:
490:
452:
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329:"Prokurator"
328:
316:
313:"Procurator"
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198:Anton Stabel
197:
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163:Anton Stabel
162:
161:
154:Jakob Stabel
48:
33:Anton Stabel
1478:1880 deaths
1473:1806 births
1449:|work=
1422:Footnote 54
1404:25 February
1363:25 February
1322:25 February
1295:|work=
1229:24 February
1182:23 February
1152:23 February
1093:23 February
1048:23 February
967:23 February
927:23 February
827:operation.
815:Later years
734:Grand Duchy
534:unification
459:Grand Duchy
443:Chief Judge
321:Court House
1467:Categories
1398:Heidelberg
1357:Heidelberg
865:References
788:Karl Mathy
679:LandstÀnde
634:government
592:Rapporteur
579:LandstÀnde
575:LandstÀnde
567:the church
273:Heidelberg
252:in nearby
119:Prosecutor
106:Heidelberg
75:1880-03-23
60:after 1810
56:: in the
44:Nellenburg
1451:ignored (
1441:cite book
1297:ignored (
1287:cite book
962:Karlsruhe
921:Karlsruhe
839:Pneumonia
821:Karlsruhe
631:Meysenbug
468:Karlsruhe
424:Top judge
365:Civil Law
319:) at the
305:Ettenheim
258:Civil Law
151:Parent(s)
83:Karlsruhe
79:(aged 74)
54:till 1806
1385:(1875).
1340:(1875).
1204:, p. 455
1071:(2010).
1026:(1893).
908:(1881).
825:cataract
628:Stengel-
594:for the
561:between
515:In 1853
435:Mannheim
430:Freiburg
361:Freiburg
357:Mannheim
341:Mannheim
325:Mannheim
309:Wertheim
269:TĂŒbingen
238:Austrian
226:Stockach
202:Stockach
143:Children
102:TĂŒbingen
40:Stockach
1087:MĂŒnchen
1042:MĂŒnchen
834:reign.
768:Bohemia
760:Prussia
699:Germany
530:Germany
499:. The
493:1849/50
481:in 1848
472:Rastatt
418:Germany
379:Teacher
367:at the
264:at the
206:Germany
91:Germany
73: (
49:in the
1429:
1275:
1200:
803:under
786:under
744:since
295:Lawyer
170:lawyer
135:Spouse
115:Lawyer
1316:(PDF)
845:Notes
809:Mathy
797:Mathy
776:Baden
730:Baden
722:Baden
683:Baden
563:Baden
411:Baden
390:Baden
337:Court
333:Baden
246:Baden
236:, by
174:judge
167:Baden
129:Baden
121:Judge
87:Baden
1453:help
1427:ISBN
1406:2021
1365:2021
1324:2021
1299:help
1273:ISBN
1231:2021
1198:ISBN
1184:2021
1154:2021
1095:2021
1050:2021
969:2021
929:2021
778:and
758:and
746:1864
738:1806
565:and
555:Rome
470:and
453:The
449:1848
439:1871
307:and
271:and
260:and
68:Died
29:Born
766:of
718:war
553:in
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323:in
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