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W. C. LITTLE & CO., LAW BOOKSELLERS.

1871.

Entered according to Act of Congress, in the year one thousand eight hundred and seventy-one,

By WEARE O. LITTLE,
In the Office of the Librarian of Congress, at Washington.

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Fifth Judicial District.
Class 1. HENRY A. Foster.*

2. Joseph Mullin.
3. LE Roy MORGAN.
4. CHARLES H. DOOLITTLE.I

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Sirth Judicial District.

1 1. Ransom Balcom.t
" 2. DouglaSS BOARDMAN.

3. John M. PARKER.
4. WILLIAM MURRAY, JR.S

Seventh Judicial District,

*

4 1. E. DARWIN SMITH.* “ 2. Thomas A. Johnson. " 3. JAMES C. SMITH. " 4. CHARLES C. Dwight.S

JUSTICES OF THE SUPREME COURT,

DURING THE YEAR 18 70.

First Judicial District,

Class 1. JOSIAH SUTHERLAND.*
" 2. DANIEL P. INGRAHAM.

3. ALBERT Cardozo.

4. GEORGE G. BARNARD.
45. John R. BRADY.I

Second Judicial District.
1. JOSEPH F. BARNARD.
2. JASPER W. GILBERT.
3. ABRAHAM B. TAPPEN.
4. Calvin E. PRATT.I

Third Judicial District.

1. CHARLES R. INGALLS.*
2. HENRY HOGEBOOM.
3. WILLIAM L. LEARNED.
4. THEODORE MILLERS

Fourth Judicial District,

66

1. Enoch H. ROSEKRANS.
2. Platt POTTER.
3. AUGUSTUS BOCKES.
4. AMAZIAH B. JAMES.S

Eighth Judicial District.
" I. RICHARD P. Marvin.

2. GEORGE BARKER.
" 3. John L. Talcott.

4. CHARLES DANIELS.S

MARSHALL B. CHAMPLAIN, Attorney General.

* Sitting in the Court of Appeals until

July 4, 1870.
Presiding Justice until May 1, 1870.
Elected November, 1869.

Re-elected November, 1869.
| Appointed by the Governor, June 1870,

to fill the place of Judge Peckham, elected to the Court of Appeals.

(3)

1

MEMORANDUM.

For the purpose of carrying into effect the provisions of article 6, section 7, of the Constitution of 1867–8, (the only article of said Constitution which was adopted by the people,) the legislature, by an act passed on the 27th of April, 1870, abrogated the general terms of the Supreme Court, as organized under then existing laws, from and after the 1st day of May then next, and directed that thereafter, all causes and matters then pending in such general terms, or which, by law might be brought before them, should be cognizable before the general terms organized under that act.

By section 2, the State was divided into four departments :
The First Department to consist of the 1st Judicial District.
The Second Department, of the 2d Judicial District.
The Third Department, of the 3d, 4th and 6th Judicial Districts.
The Fourth Department, of the 5th, 7th and 8th Judicial Districts.

The statute specifies the times and places at which general terms shall be held, in the several departments.

Section 3 requires the Governor to designate from the whole bench of justices of the Supreme Court, a presiding justice, and two associate justices, for each of said departments, to compose the general term therein; the person designated as presiding justice, to act as such during his official term; and each person designated as associate justice, to act as such for five years from the 31st of December next after such designation, or until the earlier close of his official term.

By section 5, such general terms are declared to have all the powers and jurisdiction which, under then existing laws, belonged to the general terms of the court. (Laws of 1870, ch. 408, p. 947.)

In accordance with the provisions of this act, the Governor, on the 25th of May, 1870, designated the following as presiding justices and associate justices for each of the judicial departments, to compose the general term therein, viz : 1st Department. DANIEL P. INGRAHAM, presiding justice, and ALBERT

CARDOZO and GEORGE G. BARNARD, associate justices. 2d Department. JOSEPH F. BARNARD, presiding justice, and JASPER

W. GILBERT and ABRAHAM B. TAPPEN, associate justices. 3d Department. THEODORE MILLER, presiding justice, and Platt

Potter and John M. PARKER, associate justices. 4th Department. Joseph Mullin, presiding justice, and Thomas A.

Johnson and John L. Talcott, associate justices.

CASES

REPORTED IN THIS VOLUME.

-- 497

A
Brinkerhoff, Pruyn v.

176

Brooklyn City Railroad Co., The Acer v. The Merchants' Ins. Co. of City of Brooklyn V.--.- --- 497 Hartford,

68 Brooklyn, City of, v. The Brooklyn Adirondack Company, The People

City Railroad Co.,------ex rel. Averill v. 656 Brown, Conkling v.

265 Akerly, Hardy v.

148
Johnson v.-.-..

-... 118 Albany and Susquehanna Rail Buchanan, Comstock v...

127 road Co., The People v..--- 204

v. Comstock,--... 568, 582 Alger, Eaton v...--

179 Burchfield v. The Northern CenAllen v. The People, -338 tral Railroad Company,

589 Anderson, matter of, ---------- 411 Averill, The People ex rel. v. The

Adirondack Company, ... 656

Cagger v. Lansing..

421 B Cassidy v. LeFevre,

313 Christopher v. Van Liew,

17 Babcock, The Corn Exchange Ins. City of Brooklyn v. The Brooklyn Co. V..---

222, 231

City Railroad Co., ...... 497 Barbour, The People ex rel. v. Clark v. Wise,

416 Gates, 291 Cogswell, Stover v.---

448 Bennett v. Cooper, 642 Comstock v. Comstock,

453 Bird, Garnar V. ----

277

v. Buchanan,..... 127, 582 Blood, Cramer v.......... 156, 671

Buchanan v. 568, 582 Board of Supervisors of the County Congress and Empire Spring Co.

of Westchester, The People ex v. The High Rock Congress
rel. Haskin v....
877 Spring Co.,

526 Board of Supervisors of the

Conklin v. Furman,

484 County of Westchester, Han Conkling v. Brown,

265 lon v. 388 | Cooper, Bennett v..

642

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