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of court during term, but of which, from the facility afforded by writing short hand, the author was enabled to copy nearly the whole. The cases reported in 2 Caines' Cases in Error were given to him by Mr. Coleman on his quitting the bar, and had been furnished to him by the bench with a view to their being printed. Most of them have been since published in Mr. Johnson's Cases; those which were misreported, correctly; the matter of the others either a little added to, or the phraseology a little varied.
GEORGE CAINES. 8th April, 1813.
TO THE FIRST EDITION.
In a jurisprudence where the judgments of the past are to regulate those of future times; where that which has been, is to form the rule of that which is to be, the utility and importance of transmitting, to those who are yet to come, decisions of our days, to be acknowledged, need only be named. The inconveniences resulting from the want of à connected system of judicial reports, have been experienced and lamented by every member of that profession for whose use the following sheets are peculiarly designed. The determinations of the court have been with difficulty extended beyond the circle of those immediately concerned in the suits in which they were pronounced; points adjudged have been often forgotten, and instances might be adduced where those solemnly established, have, even by the bench, been treated as new. If this can happen to those before whom every subject of debate is necessarily agitated and determined, what must be the state of the lawyer, wbose sole information arises from his own practice, or the hearsay of others ? Formed on books, the doctrines of which have in many respects been wisely overruled, he must have frequently counselled without advice, and acted without a guide. To alleviate these embarrassments, and disseminate that which it concerns all to know, the following Reports have been undertaken. Their continuance will be regular by quarter-annually publishing in each vacation the decisions of the last preceding term.
The reporter would ill deserve the favors he has received did he not in the fullest manner avow their extent. Their Honors on the bench, with a kindness and warmth of encouragement, for which far more is felt than it is possible
to express, have unreservedly given their written opinions, and the whole bar has frankly and generously afforded their cases, and every other communication that was wished or desired. To these aids the clerk of the court has added an unlimited recurrence to the papers and pleadings his office contains.
From this enumeration of assistance it will appear that the reporter's exertions have been reduced to little more than arranging the materials received, and giving, in a summary manner, the arguments adduced. In stating these it has been necessary to condense; to shorten, but not deviate from the path counsel have been pleased to elect. So little has this been done, that in some instances, it has been thought right to tread in their steps, and the very words have been adhered to, because they have been considered as mirrors reflecting the case, without which it would often be impossible to behold it in the light represented to the bench. To omit altogether what the advocate has urged, and specify his points alone, has more than once been suggested; but believing the reasonings of the barrister to form the link which connects the case with the decision, it was thought impossible, without in some degree preserving the language of the pleader, to do justice to either. Notwithstanding every endeavor to render this, it must be confessed that it has not always been accomplished ; and the eloquent in the law will often have to regret the inadequacy of their reporter. For this their forgiveness in entreated : the fault is not in the man, but the nature of the thing. Where is the original that in the copy has not lost fire and colour? With this apology the reporter takes his leave of a bar to whom he is, in every sense of the word, truly obliged.
GEORGE CAINES, New-York, February, 1804.
(Those in Italics are from Manuscript Reports read or referred to.]
. 495 Clason v. Lyle
Abbott v. Broome .
292 Callagan et al. v. Hallett & Bowne 104 Abeel v. Woolcot and another
280 Camman v. N. Y. Ins. Company 111 Alexander v. Esten 152
129 Allen v. Brace
Campbell v. Munger et al.
Carpenter v. Butterfield 24, 73 Caskaden, ex parte
346 Arden and Close v. Rice, et al. 498 Church v. United Ins. Company
7 Arjo v. Monterio
248 Clarkson v. Gilford Atterbury v. Teller
323 Codwise et al. v. Hacker 74, 526 Cogswell v. Vanderburgh 155 Cole v. Stafford .
. 249 B
Coles et al. v. Thompson 517
Combs v. Wyckoff Baker and Rowlson v. Arnold 258 Coullon v. Bowne .
288 Bancoft v. White
185 Barnwall v. Church Bedle et Ux. v. Willet
7 Bell v. Rhinelander
444 Deas v. Smith
593 v. Shaw
Den v. Fenn v. Neilson & Bunker
489 Depeyster & Charlton v. Gardner 492 Borone v. N. Y. Ins. Company . 290 Dirkee v. Bracket .
501 Brain v. Rodelicks and Shivers 73 Dow v. Smith
32 Brandt, ex dem, Rickets and an
Drake et al. v. Elwin et al. 184 other, v. Buckhouts 113 Duff v. Van Zanult
23 Brander, ex dem. Fitch, v. Mar. Duguet v. Rhinelander
394 Brett and Bunn v. Hood 343 Brinkerhoof v. Van Alstine . 10 Brown & Kimberly v. Neilson &
8 VOL. I.-B
Jackson, ex dem. Williams, v. Cham-
171 Fallmer v. Steele
Hogeboom, v. Foot v. Crosswell . 498 Stiles
249, 501 Finch, v. Kough 251
Green, v. Bil-
- Putnam, v. Bowen Gilbert v. Brazier . 13
358 Gilchrist v. Van Wagenen . . 499
Staring, v. DefenGilliland v. Morell . 154 dorf
493 Given v. Driggs.
Rosekrans, v. Howd Gordon v. Bowne , 513
503 Governeur & Kemble v,
Smith, v. Ham-
. 496 Same v. Same
Low et. al., v. Graham v. Woodhull.
497 Reynolds Griswold and another v. Stough
Prior et al., v. 6 Brown
484 Grover v. Green . 115 Jackson v. Mann
123 Jenks v. Hallet & Bowne
60 Jones v. Emerson .
487 н Jones v. Reid
Hallett v. Cotton
11 Halsey v. Watson
K Hart v. Hosack
25 Hawkins v. Bradford , . 160 Kemble v. Bowno.
76 Henderson v. Brown
92 Kirby v. Watkies Herick v. Manley
253 Kirby v. Cogswell . 484, 505 Heyl v. Burling 14 Knap v. Palmer .
. 486 Hildreth y. Ellice
. 192 Hitchcock & Fitch v. Aicken . 460 Hoffman & Seaton v. Smith 157 Hopkins v. Beedle
347 Houghton v. Strong
486 Lackey & Briggs v. M'Donald Hudson v. Henry
67 Lawrence & Whitney v. Vanhorn Huguet v. Hallett 55 & Clarkson
276 Hunn v. Bowne 23 Lawrence v. Wagenen
. 276 Leavenworth v. Delafield v. Dale
v. Delafield Imlay v. Sands .
. 566 Livingston v. Delafield .
-- v. Rogers 487, 583 Lodge v. Phelps
412 J Lowry v. Lawrence
69 Lusher v. Walton.
149 Jackson, ex dem. Ludlow, v. Webb 116 Lyle v. Clason
323, 581 Jackson, ex dem. Jauncy, v. Cooper and another
82 M'Grath & Higgins v. Church. 196 Winter v. Mac- M'Neil's Case.
72 Evoy . 151 M'Vickar v. Alden
58 Rodman, v. Brown
67 Le Roy, v. Stern
v. Ledyari 192 berg
v. Brower 511
Malin v. Kindey}