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PRE FACE.

The first edition of this Digest was published in 1838 and 1839. The general approbation of the work has been manifested by the sale of all the copies of a large edition; and a demand for this re-publication has been made in every part of the United States. A Digest of the Cases reported in the volumes of the reports of Mr. Sumner, Mr. Story, and the Hon. Mr. Justice M.Lean, of decisions in the Circuit Court; of the Hon. Judge Ware, and Mr. Gilpin, in the District and Admiralty Courts ; in nine volumes of Peters' Supreme Court, and five volumes of Howard's Reports; and the Decisions of the Supreme Court in 1847, contained in the fifth volume of Howard, are included in this work.

It has been the purpose of the Editor to exhibit the decisions of the Courts of the United States in such a form as to authorize the citation of the matters which the work contains, with the same confidence and certainty as would be obtained by the production of the original reports. To accomplish this, in almost every case, the language of the Court in giving the decisions has been faithfully extracted from the published reports.

In all other Digests, the object of the editors has been to support certain propositions by references to particular cases, and to collect the cases applicable to, or sustaining certain principles. Without desiring to impugn the value of such indexes to the published reports, or seeking to diminish their value, it is with confidence asserted that Digests in such forms are not authority in judicial proceedings, nor can they be relied upon in professional investigations.

The work now offered to the profession might with propriety be called, A Digest of Abstracts from the Reports of the Cases decided in the Federal Courts of the United States. The cases are reported in seventysix published volumes. The library of no professional gentleman in the United States contains all these reports. Their cost, if they could be purchased, would exceed three hundred and fifty dollars.

An enumeration of these works may be useful :

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In the earnest hope that this work will be useful, it is respectfully submitted to the profession. It is intended to furnish to the bar of the United States full and accurate knowledge of the decisions of the Federal Courts of the United States, from the commencement of the government to 1847, inclusive; and thus to place in the possession of every lawyer in our country, a library of the Reports of the Decisions of the Courts of the Union.

It is proposed, although no pledge is given, to publish annually a Digest of the Decisions of the Supreme Court of the United States, accurately taken from the opinions of the Court in every case. This will, for some time, be furnished without charge to the purchasers of this work, on application to the booksellers who may dispose of it.

November 1, 1847.

TABLE OF CONTENTS

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ABANDONMENT, (See Insurance, Vol. II. 69,) .

29

ABANDONMENT OF A CONTRACT FOR THE BALE OF REAL ESTATE.

29

ABANDONMENT AFTER BEIŽURE FOR AN ALLEGED BREACH OF THE REVENUE LAWS

ABATEMENT

29

1. General principles.

29

2. Abatement by want of joinder of parties, or by non-joinder of a proper party

30

3. Abatement by the death of a party to the action.

31

4. Time of pleading in abatement.io

31

ABATEMENT OP A LEGACY

32

ABEYANCE ....

32

ABOLITION SOCIETY OF PENNSYLVANIA

32

ABSENCE FROM DUTY BY A SEAMAN......

32

ACCEPTANCE AND ACCEPTOR OF BILLS OF EXCHANGE, (See Bills of Ex-
change, Vol. I. 239)

32

ACCESSARY...

33

ACCOMPLICE-CONFEDERATES IN CRIMES

34

ACCOMPLICE ---EVIDENCE ..

34

ACCRETION

34

ACCIDENT

35

ACCORD AND SATISFACTION

ACCOUNT

36

1. Account and action of account.

36

2. Account in chancery proceedings

36

3. Action of account render

37

4. Accounts of executors

38

ACKNOWLEDGMENT OF A DEBT WHICH WILL PREVENT THE OPERATION

OF THE STATUTE OF LIMITATIONS

38

ACKNOWLEDGMENT OF DEEDS .....

40

ACTION.

42

1. General principles

42

2. Writ of right ..

45

1. Parties to the action and pleadings in a writ of right

45

2. Evidence in the action

46

3. Verdict and judgment

47

3. Actions on statutes

47

4. Actions on judgments, decrees, and recognizances

49

5. Actions of covenant ...

49

6. Action of debt and detinue

51

1. Where action of debt lies

51

2. Pleadings and evidence in actions of debt

52

3. Detinue ....

54

7. Action of assumpsit

54

1. General rules and principles...

54

2. When an action of assumpsit in the case will lie

54

3. Evidence in an action of assumpsit ...

55

(vii)

ACTLON.

8. Action of trespass

56

1. Where trespass will lie

56

2. Pleadings in actions of trespass.

57

3. Damages in actions of trespass

58

9. Action for a malicious prosecution

59

10. Action for deceit

59

11. Action of trover...

59

12. Action on a commercial guaranty

60

13. Action on a warranty

64

14. Action of account

64

15. Action of account render

64

16. Action of ejectment...

65

1. General principles

65

2. When ejectment will lie

65

3. Pleadings.

66

4 Evidence

67

5. Action of trespass for mesne profits

68

6. Habere facias possessionem...

68

17. Assumpsit for the use and occupation of lands

68

ADJUDICATION .....

69

ADMINISTRATION BONDS, JOINT..

69

ADMINISTRATOR AND EXECUTOR, (See Executors and Administrators, Vol. I. 722,). 69

ADMIRALTY

69

1. General jurisdiction of courts of admiralty, and of the courts of the United States in

admiralty cases...

69

2. Admiralty jurisdiction in cases of capture and prize.

75

3. Admiralty jurisdiction in cases of salvage.

77

1. General principles on which salvage is allowed.

77

2. Who may be salvors ....

80

3. Forfeiture of right or claim to salvage

81

4. Admiralty jurisdiction in claims for seamen's wages.

83

1. General principles ...

83

2. Loss, suspension, and reduction of seamen's wages, by capture, detention, or

wreck

89

3. When seamen forfeit their wages

91

5. Jurisdiction in cases of informations-Revenue seizures Forfeitures

92

ADMIRALTY PRACTICE....

94

1. General rules and principles

94

2. Libel and proceedings

97

3. Evidence-Further proof-Commission to take testimony

99

4. Decree-Condemnation....

102

5. Appeal..

103

6. Criminal jurisdiction of the admiralty

104

ADMINISTRATION OF ASSETS....

106

ADVANCEMENT

107

ADVANCES OF A WIFE TO HER HUSBAND.

107

ADVERSARY POSSESSION OF LANDS......

107

AFFIDAVIT....

110

AFRICANS OF THE AMISTAD

111

AGENT AND PRINCIPAL

112

1. General principles...

112

2. What acts of an agent bind the principal

116

3. Responsibility of agents to principals

118

4. Agents, witnesses for or against principals..

122

AGREEMENT.

122

1. General principles

122

2. Parol evidence in actions on agreements in writing

130

3. Parol agreements ....

131

4. Illegal consideration of agreements

131

5. Specific performance of agreements..

132

6. Actions and remedies in agreements

134

7. Damages for non-performance of agreements

135

ALABAMA..

131

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