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OF

CASES DECIDED

BY THE

ENGLISH COURTS.

WITH

NOTES AND REFERENCES TO KINDRED CASES

AND AUTHORITIES.

BY

NATHANIEL C. MOAK,

COUNSELLOR AT LAW.

VOLUME III.

ALBANY, N. Y.
WILLIAM GOULD & SON,
LAW PUBLISHERS AND BOOKSELLERS.

1877.

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Erstered according to act of Congress, in the year eighteen hundred and seventy-threa,

BY WILLIAM GOULD & SON,

In thu office of the Librarian of Congress, at Washington.

359758

1

JOEL MUNSELL,

PRINTER.

NAMES OF THE JUDGES

OF THE

SEVERAL COURTS IN ENGLAND

DURING THE TIME OF THE DECISION OF THE CASES REPORTED

IN THE PRESENT VOLUME.'

QUEEN'S BENCH.
The Right Hon. Sir ALEXANDER JAMES EDMUND COCKBURN, Bart, Ch.J.

Sir Colin BLACKBURN, Knt.
Sir John MELLOR, Knt.
Sir Robert Lush, Knt.
Sir James Hansen, Knt.2
Sir RICHARD QUAIN, Knt.
Sir Thomas Dickson ARCHIBALD, Kot.3

COMMON PLEAS.
The Right Hon. Sir WILLIAM Bovill, Knt. Ch. J.

Sir JAMES Suaw Willes, Knt.4
Sir John BARNARD Byles, Knt.6
Sir HENRY SINGER KEATING, Knt.
Sir WILLIAM Baliol Brett, Knt.
Sir ROBERT GROVE, Knt.
Sir GEORGE DENMAN, Knt.5

Sir George Essex HONYMAN, Burt.7 *The changes of judges in England, have as a matter of convenience, been brought down to the time of publication instead of ending with the past year. Some of the new judges may not have sat in any of the cases herein reported.

• Sir JAMES HANNEN, was appointed Judge Ordinary of the Court for Probate and Divorce cases and took his seat November 23, 1872. 7 Law Journal 785, 832.

•Mr. Thomas Dickson ARCHIBALD, was appointed to succeed Sir James Han. NEN. 54 Law Times 32, Id., 67. 7 Law Journal, 801. 8 Law Journal, 21.

* Mr. JUSTICE WILLES, committed suicide, in a fit of insanity, on the 3d of October, 1872, by shooting himself. 53 Law Times, 398, 406, 416. 7 Law Jour. nal, 669, 676, 696. 6 Albany Law Jour., 257. 7 Am. Law Rev., 386.

* Mr. GEORGE DENMAN, was appointed by Lord HATHERLY as his last official act, to fill the vacancy occasioned by the death of Mr. Justice Willes and was sworn into office by Lord Selborne, as his first official act, October 18, 1872. 53 Law Times, 428. 7 Law Journal, 711.

• Sir Joun BARNARD BYLES, resigned about the 15th, of January, 1878. 8 Law Journal, 33.

* GEORGE HONYMAN Esq., was on the 230 day of January, 1873, appointed to fill the vacancy occasioned by the resignation of Sir Join BARNARD BYLES. 54 Law Times, 223.

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