IN THE 98 June 14 BANKS, GOULD & CO. 144 NASSAU STREET. ALBANY : GOULD, BANKS & CO. 475 BROADWAY. 1852. Entered according to the Act of Congress, in the year 1850, by NATHAN HOWARD, Jr., in the Clerk's Office for the Northern District of New York. ELLIS BARNES & Co., Law Printers, 144 Nassau St. PREFACE. THE organization of the Judiciary and Courts under the amended Constitution of 1846, as now existing, renders it proper that the title of this work should be changed. It will, therefore, hereafter be called PRACTICE REPORTS, instead of SPECIAL TERM REPORTS. It is not designed to change the character or plan of the Reports, any further than to introduce therein any and every improvement which may be suggested, or appear to the author from time to time. The object of the work to be, as it has ever been designed to be, strictly and purely Practice Reports. The opinions or statements on points decided, in every case, will be taken, (as heretofore) as far as possible, directly from the judges or justices themselves, and much care and pains will be taken to have them published correctly. In the correctness of head notes the author is, of course, alone responsible; and in endeavoring to bring out clearly and succinctly in them the points or principles contained in each particular opinion or case, it will be his design and purpose to fix the whole subject in his own mind as strongly as possible, that he may recognize any similar principle or point which may have been before decided and published, and make a proper reference thereto. These Reports will be confined altogether to cases arising in the Supreme Court and Court of Appeals. They will be published in numbers as heretofore; and it is the design to issue one volume per year, which will contain about four hundred and fifty pages. The Third Volume of the Special Term Reports, just issued, may be considered a fair sample of future volumes of the Practice Reports, as to execution. |