Explanation of the Abbreviations used in this Digest. C. C. Cases of Practice adjudged in the Supreme Court of the State of New-York. By William Coleman, Counsellor at Law; commencing in April Term, 1794, and ending in October Term, 1800. In one volume 8vc. J. C. Reports of Cases adjudged in the Supreme Court of Judicature of the State of New-York; from January Term, 1799, to January Term, 1803, both inclusive; together with the Cases determined in the Court for the Correction of Errors, during that period. By William Johnson, Counsellor at Law. In three volumes. C. R. Reports of Cases argued and determined in the Supreme Court of the State of New-York. By George Caines, Counsellor at Law. In three volumes. Commencing in May Term, 1803, and ending in November Term, 1805. C. C. E. Cases argued and determined in the Court for the Trial of Impeachments and the Correction of Errors, in the State of New-York. By George Caines. In two volumes. These Reports commence in February, 1804, and end in February, 1805; but the Reporter has added several cases decided in that Court, and in the Supreme Court, prior to that time. J. R. Reports of Cases argued and determined in the Supreme Court of Judicature, and in the Court for the Trial of Impeachments and the Correction of Errors, in the State of New-York. By William Johnson, Counsellor at Law. In twenty volumes. Commencing in February Term, 1806, and ending in January Term, 1823. J. C. R. Reports of Cases adjudged in the Court of Chancery of New-York. By William Johnson, Counsellor at Law. In seven volumes. Commencing March 3, 1814, and ending July 29, 1823. S. C. Same Case. S. P. Same Point. C. P. Court of Common Pleas. Ch. Chancellor. Ch. J. Chief Justice. J. Justice. Reg. Gen. General Rules and Orders of the Supreme Court. N. R. L. The Statutes as last revised by Messrs. Van Ness and Woodworth. SOUTHERN DISTRICT OF NEW-YORK, ss. (L. S.) BE IT REMEMBERED, That on the sixteenth day of November, A. D. 1825, in the fiftieth year of the Independence of the United States of America, William Johnson, of the said district, hath deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit: "A Digest of the Cases decided and reported in the Supreme Court of Judicature, the Court of Chancery, and the Court for the Correction of Errors, of the State of New-York; from 1799 to 1823; with Tables of the Names of the Cases, and of Titles and References. By William Johnson, Counsellor at Law. "-Ut ex iis recolatur Jus, non perdiscatur.......Bac. "In two volumes." In conformity to the act of Congress of the United States, entitled, " An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the time therein mentioned." And also to the act, entitled, " An act, supplementary to an act, entitled, An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned, and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints." JAMES DILL, Clerk of the Southern District of New-York. ODLEIAN 29 APR 1930 PRINTED BY T. K. AND P. G. COLLINS. LU ADVERTISEMENT. It was, at first, intended to give a supplement only to the former Digest, comprising the points subsequently decided; but that design has been relinquished, from a belief that the convenience and advantage of having the whole series of decisions incorporated together, would more than compensate the expense of an additional volume. All the decisions, therefore, in Law and Equity, from January, 1799, to 1823, have been arranged under their proper titles. The plan of the former Digest having been generally approved, its titles, divisions, and subdivisions, have been preserved, except in a few instances, where those relating to the same subject were improperly disjoined. The Chancery System, so long established as a distinct branch of our jurisprudence, seemed to require, that the decisions of the two great Courts of Law and Equity should be kept separate. The points adjudged in the Court of Chancery, and on appeal from that Court, have been accordingly placed together under the general head of CHANCERY. The General Rules of the Supreme Court have been incorporated under the head of PRACTICE. In framing this Digest, the design has been carefully to extract from the opinions of the Judges, and to state, as far as the requisite brevity allowed, in their own language, the general principles of Law decided by the Court. Such positions as appeared to be deduced as consequences from the general proposition, or stated as modifications of the general rule, have been placed in successive order, so as to exhibit their connection and dependence. Such observations of the Judges, not embraced in the decision of the Court, as appeared important, have been stated; and these dicta are distinguished by the names of the Judges by whom they were expressed. Where a point of law has been more than once decided, a reference is made to all the cases, without repeating the same principle; and where a position has been overruled or reversed, the law is taken to be established by the last determination, referring merely to the former or original case, as containing a contrary doctrine. Where a case involved no general principle, ye▸ seemed worth preserving, the facts have been concisely stated with the judgment of the Court; and where the construction of a patent, as to its boundaries merely, was the only point before the Court, the name of the case only has been given, with a reference to the place where it might be found. As it does not fall within the proper scope of a work of this nature, to contain remarks or criticisms on the judgments pronounced, no attempt has been made to reconcile any apparent contradictions, further than by proper references to draw the attention of the reader to them. The real or apparent discrepancies are, however, considering the great number of cases, surprisingly few; fewer, it is believed, than can be found among an equal number of decisions, for the same period of time, in the Courts of any other country. This general harmony is the result, in a great measure, of the course adopted by the Judges of taking time to advise on all important questions, and of the practice of publishing reports of their determinations as speedily as possible after the term in which they are delivered. The Table of Titles, Divisions, Subdivisions, and References, prefixed to each volume, together with the occasional references in the body of the work, will, it is hoped, enable the reader to find, with ease, the point which may be the object of his inquiry, when its true place does not immediately occur to his mind. The Table of the Names of the Cases, which have been carefully analyzed, will also assist him in his search. Those of the plaintiffs, only, are the leading names in alphabetical order, as a double arrangement, with the same references, would have increased the second volume to an inconvenient size. Errors and omissions are almost inevitable in a work of this nature, but it is hoped that they will not be found many or important. Such as were discovered too late for correction, though not very material, are collected and subjoined. No one who looks at the numerous volumes which load the shelves of a lawyer's library, enough to appal the most resolute student, will question the utility of digests or abridgments, or whatever may facilitate research, and lighten the labors of a most laborious profession. Such compilations, however, cannot supersede the necessity of resorting to the original works ; and they ought always to be received with the caution given by Lord BACON: "Cavendum autem est, ne sum bæ istæ reddant homines promptos ad practicam, cessatores in scientia ipsa.” |