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22

CA!! 3
COURT OF APPEALS

DECIDED IN THE

OP THE

STATE OF NEW YORK,

FROM AND INCLUDING SEPTEMBER 5, 1871, DOWN TO AND INCLUDING A

PORTION OF THE DECISIONS HANDED DOWN DECEMBER 12, 1871,

WITA

NOTES, REFERENCES AND INDEX.

BY H. E. SICKELS,

COUNSELOR-AT-LAW,

VOL. I.

NEW YORK:
BANKS & BROTHERS, LAW PUBLISHERS,

No. 144 NASSAU STREET.
ALBANY: 475 BROADWAY.

1872.

Entered according to act of Congress, in the year one thousand eight hundred and

seventy-two,

By G. HILTOX SCRIBNER, Secretary of State of the State of New York, in trust for the benefit of the People of the

said State, in the office of the Librarian of Congress, at Washington. Also.-Entered according to act of Congress, in the year one thousand eight hundred and

seventy-two,

BY BANKS & BROTHERS,
in the office of the Librarian of Congress, at Washington.

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PREFACE.

1

1

Prompted by a desire to place before the profession, at the earliest practicable moment, the accumulated decisions handed over to me by my predecessor, I have prepared this volume somewhat hastily; too much so perhaps, for careful analyses and accurate statements of facts, at least by one inexperienced in the task.

I trust the motive will serve as a partial apology for the blunders that may be discovered herein, and will induce a lenient criticism.

I propose but few changes in the plan adopted by the late reporter. The “table of cases cited,” only contains those cited in the opinions. The object in view in publishing such a table, of tracing “ leading.” or “frontier” and important cases, it seems to me can be thus accomplished, without cumbering the reports with the numerous authorities cited in counsel's points. Many members of the bar have expressed a wish to have a reference, in some shape, to the cases marked "not to be reported,” at least those in which any general principles are discussed and passed upon, To meet this wish, and with the approval of the court, I have added a list of the cases decided during the period embraced in the volume, which are not reported in full, with brief reports or memoranda of such as present any question not limited by the case itself. These are regularly indexed with the full reports.

The volume closes with the proceedings in the Court of Appeals upon the announcement of the death of the Hon. HIRAM DENIO. Aside from the labors of this distinguished jurist, at the bar and upon the bench, his reports, so clear, concise and comprehensive, have been, and will ever remain, models to all who succeed him; and in no more fitting place can his memory be embalmed.

H. E. SICKELS. ALBANY, May 20, 1872.

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