LIST OF JUDGES DURING THE PERIOD COVERED BY THIS VOLUME MARYLAND. HON. JAMES L. BARTOL, CHIEF JUSTICE. HON. JAMES A. STEWART, HON. JOHN M. ROBINSON, HON. RICHARD H. ALVEY, HON. OLIVER MILLER, HON. MADISON NELSON, HON. WILLIAM P. MAULSBY, HON. GEORGE BRENT. MASSACHUSETTS. HON. REUBEN A. CHAPMAN, CHIEF JUSTION. HON. EBENEZER R. HOAR, HON. HORACE GRAY, JR., HON. DWIGHT FOSTER, HON. JOHN WELLS, HON. JAMES D. COLT. WISCONSIN, HON. LUTHER 8. DIXON, CHIEF JUSTION. HON. ORSAMUS COLE, HON. BYRON PAINE. IOWA. HON. JOHN F. DILLON, CHIEF JUSTICE VERMONT. HON. JOHN PIERPOINT, CHIEF JUDGE. HON. JAMES BARRETT, HON. ASAHEL PECK, HON. WILLIAM C. WILSON, HON. BENJAMIN H. STEELE, HON. JOHN PROUT, (Prior to December 1, 1869.) HON. HOYT H. WHEELER. (Subsequent to December 1, 1869.) PENNSYLVANIA. HON. JAMES THOMPSON, CHIEF JUSTICE HON. JOHN M. READ, HON. DANIEL AGNEW, HON. GEORGE SHARSWOOD, HON. HENRY W. WILLIAMS. NEW YORK. HON. ROBERT EARL, CHIEF JUDGE. HON. MARTIN GROVER, HON. WARD HUNT, HON. JOHN A. LOTT, HON. JOSIAH SUTHERLAND, HON. CHARLES R. INGALLS, HON. HENRY A. FOSTER, HON. E. DARWIN SMITH. (The last four were selected from the Justices of the Supreme Court by virtue of Art. &, seo, & of the Constitution.) ADVERTISEMENT. To purchase and keep complete sets of the several State reports is now beyond the pecuniary ability of the great body of the profession; nearly two thousand volumes of these reports have been already issued, and the number is being increased at the rate of about fifty a year. The reports of the court of last resort in each State contain cases of great general importance, but they are buried beneath a mass of practice and local cases of no value outside of the jurisdiction in which they were decided. To obtain the few valuable cases, the lawyer is compelled to buy volumes composed mainly of matter of little or no value to him. The result is, that the greater number of American lawyers are without access to the most valuable decisions of the country, and are compelled to submit to the courts, for decision, causes involving important questions, without an investigation of most of the adjudged cases. While most of the judges have access to libraries more or less complete, their time is so fully occupied as to render it impossible for them to do more, in most cases, than examine the decisions cited in the briefs of counsel. To remedy this evil, by separating that which is important from that which is local, is the object of the American Reports. These reports will contain all cases hereafter adjudicated in the courts of last resort in the United States, having a general value, unincumbered by practice cases and those of local importance only. The cases reported will be selected from the last volume of the current reports of each State, immediately after its publication, by the editor, assisted by two able and experienced lawyers, and will be prepared for publication under their direct supervision. The head notes and statements of fact in each case will be carefully rewritten. The opinions will be given in full, except where they dispose of practice and local questions in connection with important principles, when the former will be eliminated. The cases will be selected with direct reference to their value and utility to the practicing lawyer. It is not proposed to confine the selection to "leading cases" only, but to include all other cases that may be deemed useful as illustrations of established principles. Notes, giving references to leading decisions, will be added by the reporters whenever thought necessary. The volumes of these reports will be issued at intervals of four or six months, thus giving two or three volumes a year. ALBANY, February, 1871. TABLE OF CASES REPORTED. Abbott, Shapley ▼....................................................................... 548 Christie, Cabot v.. Adams v. Adams....................................... 111 | Citizens' Bank of Baltimore v. Graffin..... 68 Aldrich v. Boston and Worcester Railroad 166 Babcock, The Corn Exchange Insurance 601 Commonwealth v. Gamble.......... Connecticut and Passumpsic Rivers Rail- 164 839 Bank of Commerce v. Owens.................... 60 Barker v. Bradley.. 521 Cook v. The City of Milwaukee................ 188 Cross, Wheat and others v........................ 858 Bemis v. Connecticut and Passumpsic Des Moines Valley Railroad v. Graff......... 256 265 Dowe, State v............................................ 271 82 Drummond, Green ▼.............................................................. Dyer v. The Grand Trunk Railway Co...... 350 |