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Entered according to Act of Congress, in the year eighteen hundred and eighty-three, by
THE LAWYERS' CO-OPERATIVE PUBLISHING CO.,
SUPREME COURT OF THE UNITED STATES
DURING THE TIME OF THESE REPORTS.
HON. ROGER BROOKS TANEY.
HON. JOHN MCLEAN,
Hon. SAMUEL NELSON, Hon. JAMES M. WAYNE,
Hon. ROBERT C. GRIER, Hon. JOHN CATRON,
Hon. BENJAMIN R. CURTIS, Hox. PETER V. DANIEL,
Hon. JAMES A. CAMPBELL, Hon. NATHAN CLIFFORD.
Hon. CALEB CUSHING,
to Dec. Term, 1857; after that Hon. JEREMIAH S. BLACK.
WILLIAM THOMAS CARROLL, Esq.
BENJAMIN C. HOWARD, Esq.
SUPREME COURT OF THE UNITED STATES,
I STOOD DURING THE TERMS CF 1854–5–6–7, TOGETHER WITH THE DATES OF THEIR
COMMISSIONS, AND TERMS OF SERVICE, RESPECTIVELY.
1837. 1838. Died. VAN BUREN. KENTUCKY, TENNE (Mar. 8.) (Jan. 10.) 1065. SEE & MISSOURI,
PETER V. DANIEL,
1841. 1842. Died. Van BUREN. ARKANSAS & Mis- (Mar. 3.) (Jan. 10.) 1860. SISSIPPI.
1858. 1858. Died. MASSACHUATTS,
(Jan. 12.) (Jan. 21.) 1881. NEW HAMPSHIRE
volume to the end of the series, has been far greater than would at first be supposed.
The head notes have required close study and careful analysis of the opinions of the court, in order to embrace each point decided.
The statement of the facts, and the points and authorities of counsel have all been carefully taken from the records, briefs and arguments on file in the office of the Clerk of the Su. preme Court and in the Library of Congress.
Through the courtesy of the Judges of the Court and Mr. James H. McKenny, Clerk of the Court; Hon. A. R. Spofford, Librarian of Congress; Mr. Charles W. Hoffman, in charge of the Law Department of the Library of Congress, and Mr. Thorvald Solberg, his assistant, the two collections of the records and briefs, one in the office of the Clerk of the Court, and the other in the Library of Congress, have been made conveniently accessible and available, so that no excuse is left for not completing this edition of the one great series of Law Reports in form and manner, full, complete and truthful. The docket and minutes of the court have also been consulted in each case.
The arguments of counsel, when not given in full, are reproduced to the extent necessary to the fullest understanding of the case. The greater labor has, however, been expended in preparing the points and sustaining authorities.
These are believed to be of more practical value than arguments in full.
Citations in the opinions have been tested and clerical errors corrected. The authorities cited by counsel have also been tested and verified as to volume, title and page.
Beginning with this book, citations at the ends of the cases are extended to include all cases in the courts of last resort in the States of Massachusetts, New York, Pennsylvania, New Jersey, Ohio, Illinois, Indiana, Michigan, Wisconsin, Missouri, California, Minnesota and Kansas, and in the American Reports and American Decisions.
Foot notes, confined mainly to the cases of more practical importance, in every-day practice in all the courts, are continued as heretofore.
Care has been taken to give the greater prominence to those cases which will be of value as determining questions of property or of government rather than to those which lapse of time and change of circumstances have rendered merely historical.
There would seem to be no reason why, removed by lapse of time from the temporary influence and interest which surrounded each case, with complete records and briefs as ever ready sources, one should not now present to the bench and bar a report quite as perfect and useful as if made at the time of decision.
It has been our aim to preserve everything of substance and use.
While the greatest possible care, diligence and labor have been expended in the preparation of these reports, I cannot expect them to be entirely free from imperfections, which appear in similar works.
Cases are arranged in the natural order of dates of decision, and for the purpose of perfect ease and accuracy of citation, from either this or any former edition of any of these decisions, reference tables of cases are inserted in each book.
All opinions of each term of the court are given in full, as filed and recorded, including many, especially after about 1860, not hitherto reported. Many of these as heretofore reported will be found to have been only partially given as such. It has been deemed that no utterance of the court formally reduced to a written opinion, can fail to be of value if given entire.
I desire to acknowledge the assistance of Edwin Burritt Smith and Ernest Hitchcock in the preparation of statements of cases and points and authorities of counsel.
In preparing this edition of the decisions of the highest and most distinguished tribunal of this country, if not of the world, whose long line of illustrious judges embraces a Marshall and a Story, and those of equal learning and no less note at the present time, before which have been heard a Clay, a Randolph, a Webster, a Wirt, and a host of others of equal renown, I shall be satisfied if I am found to have given a full and trustworthy report of each case, and if these volumes shall be received with favor, although accompanied with the criticism to which I am aware they may be justly liable.
GENERAL TABLE OF CASES REPORTED
IN THIS BOOK.
VOLUMES 58, 59, 60, 61.
Abbott o. Essex Co.,
B. 352 Boston, City of, o. Lecraw,
118 465 Boston, City of, v. Richardson
639 149 Boyd, Mattingly o.
845 1005 Boyle, Meegan o.
577 396 Branch B’k of Alabama, McRea o.
688 256 Brant, Barribeau d.
34 478 Breitling, U. 8. v.
900 478 Brig Neura, U. 8. v.
531 992 Brown v. Duchesne,
595 991 Brown o. Shannon,
826 285 Brown 0. Wiley,
965 80 Brown, Iasigi 0.
208 179 Bruce v. U. S.,
129 Bryan o. Forsyth,
674 Buckingham, Schooner Freeman, o. 341
816 Buckley, Withers v. 644
Buckner, Com'l B’k of Manchester 0. 862 633 Bulkley v. Honold,
261, 663 625 Burchell v. Marsh,
Burgess, Converse v. 499 Burke o. Gaines,
655 528 Burnley, White 0.
886 678 Bush v. Person, Adm'r, &c.,
273 690 Byers v. Surget,
670 662 70
C. 992 285 Calcote o, Stanton,
848 466 Calderwood, N. Y. & Va. s.
612 34 Cambuston, U. S. v.
828 158 Carpenter o. Com, of Penna.,
127 1012 Carpenter, Doe v.
389 37 Carrington v. Pratt,
267 37 Carroll v. Dorsey,
803 37 Carryl, Taylor v.
. 1028 265 Carter, La Fayette o.
345 42 Carver, Ayres v.
179 469 Catherine, Schooner, o. Dickinson,
233 668 Cavazos, Mussina o.
878 991 Cavazos, Shandon, o.
929 961 Cervantes, U. S. o.
484 614 Chaffee o. Hayward,
804, 851 203 Chapman, McCargo v.
1021 847 Christ Church o. Co. of Phila.,
8Q2 576 Christy v. Alford,
256 822 City of N. Y., Ransom, Ex parte, o. 1000 457 Clark, Booth o.
164 684 Clark, o. Clark
77 95 Clapp, Providence City o.
72 307 Cochran, West o.
110 171 Coffman, Ure o.
567 465 Coggeshall v. Hartshorne,
361 164 Coiron v. Millaudon,
575 464 | Coleman, Verden o.
B. Babcock v. Wyman, Babin, Hipp o. Babbage, Schuchardt v. Bacon o. Howard, Bacon o. Robertson, Baker v. Nachtrieb, Baliacce o. Papin, Ballard 0. Thomas, B'k of Columbus, U. S. o. B’k of Tenn. v. Horn, B’k of Washington v. Arkansas, Barnard v. Ashley, Barreda, Masters v. Barribeau v. Brant, Barrow, Shields v. Barton v. Forsyth, Battin o, Hewes, Battin v. Radcliffe, Battin v. Taggert, Bayne, Graham v. Bay State, The, Steamboat Co. o. Beauregard 0. New Orleans, Beebe v. Russell, Beers r. Arkansas, Beers, People's Ferry Co. of Boston o. Bell v. Hearne, Bell, Lewis o. Bertram, Lyon v. Betts v. Lewis, Bidwell, U. S. o. Black, Ledoux o. Blacksmith, Fellows o. Bogart o. Steamb. John Jay, Bogert, Griffith o. Boone o. Missouri Iron Co., Booth, Ableman o. Booth v. Clark, Booth, U. S. v.