Entered according to Act of Congress, in the year 1861,

BY ROBERT CLARKE & CO.,

In the Clerk's Office of the District Court, for the Southern District of Ohio.

7-13-1861

The statute provides, "that the judge of the supreme court having the shortest time to serve, not holding his office by appointment or election to fill a vacancy, shall be the chief justice." Under this provision of the statute, Judge Scott succeeded Judge Brinkerhoff as chief Justice, on the 9th of February, 1861; and the latter then entered upon a new judicial term of five years, for which he had been chosen at the previous October election.

(iii)

PREFACE.

This volume contains all the cases for report, decided at December Term, 1860, which do not appear in volume 10. The next volume will begin with December Term, 1861.

The quantity of matter in this volume is much greater than was expected when its publication was commenced. More cases were for report than was anticipated. In a few of the first cases in the volume, the points made by counsel, in argument, are given; but it was soon ascertained that to continue to do this, would enlarge the book to an improper size.

Columbus, June, 1861.

REPORTER.