DIGEST OF ALL POINTS OF PRACTICE EMBRACED IN THE STANDARD NEW
YORK REPORTS, ISSUED DURING THE PERIOD COVERED BY THIS
VOLUME, WITH REFERENCES TO THE AMENDATORY

ACTS OF 1856.

BY ABBOTT BROTHERS,

COUNSELLORS AT LAW.

VOL II.

NEW-YORK:

JOHN S. VOORHIES, LAW BOOKSELLER AND PUBLISHER.

20 NASSAU-STREET.

1856.

BC

3.1 JUL 362

LIBRARY

[Entered, according to Act of Congress, in the year One Thousand Eight Hundred and Fiftysix, by ABBOTT BROTHERS, in the Clerk's Office of the District Court for the Southern District of New York.]

PREFACE.

So much of this volume as contains Reports of Cases, has been prepared upon substantially the same plan with that pursued in our former volume. The work has been done, however, with increased care, and we trust not without improvement.

We ask the reader to bestow a few moments of special examination upon the PRACTICE DIGEST, with which each volume of this series concludes. It is not a mere digest of matters embraced in this volume. It is a digest of all points of practice in the standard New York Reports and Acts of Legislature issued during the period covered by this volume. It is not a compilation of the marginal notes of other reporters, but every note is an original abstract of the opinions referred to. Dicta, and cases of infrequent application, are concisely indexed, as it were; but in respect to all other cases, we have endeavored to give the substance of both the decision and the reasoning so accurately that the practitioner who has not access to the volume may safely act upon our note.

In the digest to this volume we have introduced the feature of noting the court and term by which many of the decisions were rendered. It is only in a portion of the cases that this is done in express words. But the reader should bear in mind that :

BARBOUR'S REPORTS,-gives only cases in the Supreme Court, General Term. BRADFORD'S,-only cases decided by the surrogate of New York County. DUER'S,-only cases in the Superior Court, rendered at General Term, or with concurrence of two or generally three justices.*

KERNAN'S,-only cases in the Court of Appeals.

And that each case reported in our own volume can be traced home by referring to the report in the body of the work. He will thus find that he has in nearly every case information as to the court and term of the court, in which the adjudications noted in our digest, were made.

119 Nassau-street, New York.

ABBOTT BROTHERS.

* 3 Duer, 613, note a.