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ARGUED AND DETERMINED

IN THE

COURT OF APPEALS

OF

VIRGINIA.

BY BUSHROD WASHINGTON.

VOL. I.

DISTRICT OF VIRGINIA TO WIT.

Be it remembered, that on the 15th day of February in the 22d year of the Independence of the United States of America, BUSHROD WASHINGTON, of the said district, hath deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit: "Reports of cases argued and determined in the Court of Appeals of Virginia," in conformity to the act of Congress of the United States entitled "An act for the encouragement of learning, by securing the copies of maps, charts and books to the authors and proprietors of such copies, during the times therein mentioned." WILLIAM MARSHALL, Clk. of the District of Virginia.

Reprinted by THE MICHIE COMPANY, by authority of Act of Legislature,
approved February 24, 1900.

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On the 12th of November 1793, HENRY TAZEWELL, Esq., qualified as a Judge of this Court in the room of JAMES MERCER, Esq., who died during the term.

On the 13th of April 1795, SPENCER ROANE, Esq., qualified as a Judge of this Court in the room of HENRY TAZEWELL, Esq., resigned.

To EDMUND PENDLETON, ESQUIRE,
PRESIDENT OF THE COURT OF APPEALS,
this work is respectfully dedicated, as a
testimony of the very high opinion the
author entertains of his distinguished
character and talents.

TO THE READER.

The notes of the following cases commencing in the year 1792, were taken for my own use, without any view to a publication of them. I generally extended them into something like their present form, during the term in which the decisions were given, and whilst the impression which they made, were fresh upon my mind.

It was not until I despaired of some other gentleman of the bar undertaking a work of this kind, that I determined to revise the notes I had taken, and to publish them (with a few corrections) in the state in which I had originally written them, for I found that my professional engagements would deny me the opportunity of preparing them for public inspection in the manner I wished. The first volume has been printed during the spring term of the Superior Courts, which will account for many typographical errors.

That there should be many inaccuracies in the following reports I can easily believe. Engaged through the whole year either in attending the courts, or in preparing my suits for trial, I have had very little time to devote to a work which required much labor and attention. My sole aim has been to give a correct statement of the cases, and to make a true report of the arguments and decisions upon them. If I have succeeded in this, I shall be abundantly gratified; farther, I have never extended my views; I have not had time to polish.

The few cases which are reported prior to the year 1792, are taken from notes with which the President was so obliging as to furnish me. It is much to be wished that some gentleman who has taken notes of all the cases which have been decided since the present establishment of the Court of Appeals, may favor the public with reports of such of them as I have necessarily omitted.

It is with pleasure that I acknowledge the assistance I have received from many of the Judges of the Court of Appeals (and particularly from the President) from whose notes I have been enabled to correct those cases in which I had misconceived the opinions which had been delivered.

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