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NEW YORK:
BANKS, GOULD & CO. 144 NASSAU STREET,

ALBANY:
GOULD, BANKS & CO. 475 BROADWAY.

1852.

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Entered according to the Act of Congress, in the year 1850, by NATHAN HIOWARD, JR., in the Clerk's Office for the Northern District of New York.

ELLIS BARNES & Co., Law Printers, 144 Nassau St.

PREFACE.

The organization of the Judiciary and Courts under the amended Constitution of 1846, as now existing, renders it proper that the title of this work should be changed. It will, therefore, hereafter be called PRACTICE REPORTS, instead of SPECIAL TERM REPORTS.

It is not designed to change the character or plan of the Reports, any

further than to introduce therein any and every improvement whic may be suggested, or appear to the author from time to time. The object of the work to be, as it has ever been designed to be, strictly and purely Practice Reports.

The opinions or statements on points decided, in every case, will be taken, (as heretofore) as far as possible, directly from the judges or justices themselves, and much care and pains will be taken to have them published correctly. In the correctness of head notes the author is, of course, alone responsible ; and in endeavoring to bring out clearly and succinctly in them the points or principles contained in each particular opinion or case, it will be his design and purpose to fix the whole subject in his own mind as strongly as possible, that he may recognize any similar principle or point which may have been before decided and published, and make a proper reference thereto.

These Reports will be confined altogether to cases arising in the Supreme Court and Court of Appeals. They will be published in numbers as heretofore; and it is the design to issue one volume per year, which will contain about four hundred and fifty pages. The Third Volume of the Special Term Reports, just issued, may be considered a fair sample of future volumes of the Practice Reports, as to execution.

The numbers cannot be issued uniformly every month, although it is the design to have them so issued. Various circumstances occur, which sometimes prolong the issuing of a number beyond the prescribed time; but, in all such cases, it will be enlarged proportionably.

TITLES OF CAUSES.

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Allen agt. Ackley and Ackley,
Anonymous,
Anonymous,
Anonymous,
Anonymous,
Bragg and others agt. Bickford and others,
Beardsley agt. Dickerson,
Buzard agt. Gross,
Belding agt. Conklin,
Bentley agt. Jones and Allen,
Bentley agt. Jones and others,
Bradford agt. Corey,
Brewster agt. Cropsey, sheriff,
Brodhead agt. Brodhead,
Burch agt. Newbury,
Burkle agt. Ells,
Burnett agt. Harkness,
Burrows agt. Miller and others,
Conde agt. Shepard and wife,
Crain agt. Rowley,
Cahoon and others agt. The Bank of Utica,
Catskill Bank agt. Sandford,
Carpenter agt. Carpenter,
Chadwick agt. Brother,
Clarks agt. Staring;
Clarke agt. Crandall,
Cobb and others agt. Frazee,
Coit agt. Coit,
Conant and Wells agt. Vedder,
Cooke agt. Passage,
Conro and others agt. Gray and others,
Cottrell agt. Finlayson,
Cruger agt. Douglass and others,
Davenport agt. Ludlow,
Davis agt. Turner and others,
Davis agt. Jones and others,
Davis agt. Potter,
DECISIONS COURT OF APPEALS, Sept. term, 1847,
DECISIONS COURT OF APPEALS, November term, 1847,
DECISIONS COURT OF APPEALS, Nov. term, 1847, continued and concluded,
VOL. IV.

1

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79

423 100, 101

139 283 243 127 413 232 141 360 166 242 215 337 190 340 155 143 181 222

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