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Entered according to Act of Congress, in the year one thousand eight hundred and sixty-four, by

THO. F. WITHROW, in the Clerk's Ofice of the District Court of the United Statos in and for the District of Iowa.

Ree Seft-26,1866

WEED, PARSONS AND COMPANY,
PRINTERS AND STEREOTYPERS,

ALBANY, NEW YORK.

OFFICERS OF THE SUPREME COURT.

JUDGES. Hon. GEORGE G. WRIGHT, Keosauqua, Chief Justice. 6 RALPH P. LOWE, Keokuk,

JOHN F. DILLON, Davenport, Justices.
CHESTER C. COLE, Des Moines,

CLERK.
LEWIS KINSEY, Des Moines.

ATTORNEY-GENERAL.
CHARLES C. NOURSE, Des Moines.

REPORTER
THO. F. WITHROW, Des Moines.

JUDGES OF THE DISTRICT COURT.

1st DISTRICT—FRANCIS SPRINGER.
2D DISTRICT-HENRY HOFFMAN TRIMBLE.
3D DISTRICT_JAMES G. DAY.
4th DISTRICTISAAC PENDLETON.
5TH DISTRICT -JOHN H. GRAY.
6TH DISTRICT — WILLIAM LOUGHRIDGE.
7TH DISTRICT—J. SCOTT RICHMAN."
8TH DISTRICT-NORMAN W. ISBELL.'
9TH DISTRICT —JAMES BURT.
10TH DISTRICT-ELIAS H. WILLIAMS.
11TH DISTRICT-JOHN PORTER.

1 Many of the cases reported in this volume, appealed from the 7th District, were determined in the court below while Mr. Justice DILLON was on the District Bench, and before the commencement of Judge RICHMAN'S term.

Judge ISBELL resigned, and W.J. CONKLING was appointed by the Governor, in September, and elected by the people, in November, 1864, to all the vacancy thus created

Vol. XVI.-A

PREFACE.

WHEN the fourth Judge was added to the Bench of the Supreme Court, early in the year 1864, the business of the Court was, and for a long time had been, considerably in arrear. By the exercise of a most vigorous diligence, the Court has succeeded in disposing of all the causes then pending on its calendar, while determining the additional ones since submitted. This has placed upon the files a number of opinions in which contested questions were discussed and determined, larger than was ever placed thereon before in the same space of time. The material for reports has thus accumulated upon the hands of the Reporter, while he is required by law to publish promptly, but in a limited number of volumes. To crowd the material into the limited space, it has been necessary, as a rule, to omit all mention of the points made by counsel in argument. A statement of the points made and authorities cited in argument is essential to a complete report of a case; but as a report of each case, thus complete, would extend the reports beyond the space prescribed by law, the Reporter has been compelled to be content with setting out only the head notes, a statement of the case, and the opinion of the Court.

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