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National Reporter System. State Series.

THE

NORTHWESTERN REPORTER

VOLUME 41,

COXTAISING

ALL THE DECISIONS OF THE SUPREME COURTS

OF

MINNESOTA, WISCONSIN, IOWA, MICHIGAN,

NEBRASKA, DAKOTA.

PERMANENT EDITION.

JANUARY 19-APRIL 27, 1889.

WITH TABLES OF NORTHWESTERN CASES PUBLISHED IN VOLS. 74, Iowa REPORTS;

63, MICHIGAN REPORTS; 72, WISCONSIN REPORTS.

ST. PAUL:
WEST PUBLISHING CO.

1889.

Lew Libra!

COPYRIGHT, 1889.
WEST PUBLISHING COMPANY.

c.3

PUBLISHERS' PREFACE.

The publishers take pleasure in making public acknowledgment of their indebtedness, first, to the judges of the several courts reported in the NORTHWESTERN REPORTER, and, second, to the attorneys directly interested, for assistance in securing the accurate reporting of the cases contained in this volume. The judges have very generally availed themselves of the opportunity now afforled them for revising their opinions as printed in the advance sheets, and securing the incorporation of desired corrections and emendations in the permanent or bound-volume edition. Many of the attorneys of record in the cases reported, and others of our subscribers, have also kindly interested themselves in examining the cases as published, and advising us of typographical and other inaccuracies. This investigation has brought out many testimonies to the remarkable accuracy of our work, but the new method of publication furnishes an additional safeguard against mistake. The subscribers for the NORTHWESTERN are to be congratulated on the added value which will be given to the set, as a permanent series of reports, by this judicial and professional supervision, which will prevent the perpetuation of errors such as may sometimes creep in under the most careful system of publication.

Volume 41, herewith submitted, is the first volume of the State Reporters issued in the enlarged form, and on the plan of publishing two separate editions, -one for temporary use and the other for permanent preservation. It contains the reports of 709 cases,-nearly double the number in volume 40 and the preceding volumes in the smaller form. This represents a saving in shelf-room of nearly 50 per cent., while the convenience of reference is increased twofold by putting twice as much matter under a single index. The typography is much improved, the shorter lines rendering the matter more easily legible. As the edition is printed especially for the bound volumes, it is trimmed but once, (instead of twice, as when the weekly pamphlets had to be rebound,) and this gives much better margins to the books.

The publishers have no doubt that a little practical experience will be sufficient to demonstrate to the subscribers the many advantages incident to the new plan of publication. If the NORTHWESTERN and the other Reporters are made more convenient to the use of the profession, and more permanently valuable as a set of law reports, the objects for which the new departure was made will be fully accomplished. St. Paul, Minn., May, 1889.

(iii)

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