ADVERTISEMENT. THIS Volume contains reports of cases argued and determined in the Supreme Court and Court of Chancery, during the judicial year, commencing in October, 1825, and ending in October, 1826. There are some other cases, decided in the same year, which the reporter intended to have included in this volume, but he has been unable as yet to avail himself of the opinions of the Court, under the sanction of the judges who delivered them. And as he expects still to receive them, he has thought it better to reserve them for his next volume, than to usher them before the publick in the present volume, in the shape of Per Curiam cases. A Per Curiam case, depending solely for its accuracy upon the knowledge of the reporter, acquired in the hurry and noise of a crowded court, is always liable to the objection that the Court may have been misapprehended, and is of but little weight as an authority, until recognized by the Court in subsequent cases. This consideration has induced the reporter to take a course which enables him to assure the publick, that the cases reported are the cases decided, and their authority cannot be detracted from, but by a contrary determination of the Court itself. It is true, that this desirable object could not have been effected without the cordial aid of the judges; an assistance which they have, with much labour to themselves, cheerfully offered, and for which the reporter embraces this opportunity, gratefully and respectfully to tender to them his acknowledgments. The present organization of the courts in this state is such, that in order to prevent injustice from great delay, the cases must be decided at the same term they are argued, although but one week can be allowed the court to do the business of one county and to travel to the next. Hence, their opinions in many cases, must necessarily be oral, aided only by short notes made during the investigation. The consequence is, that if the cases are ever accurately reported in such shape as to be authorities in themselves, it must be through the aid of the afterwork of the judges. This, in connexion with the fact that their circuit duties immediately follow the sessions in Bank, forms an insuperable obstacle to an early publication of authoritative reports of cases decided by the courts in this state. It is hoped, however, that the defays which have attended the publication of this volume, will be in a good measure avoided in future, without changing the character of the reports, and that the second volume will be completed before the end of the year. Justices of the Supreme Court of judicature, and ex officio Chancellors of the court of chancery, in the state of Vermont, for the year commencing in October, 1825, and ending in October, 1826: RICHARD SKINNER, Chief Justice. SAMUEL PRENTISS, TITUS HUTCHINSON and Assist. Justices. Adams vs. Nichols, Allen, Hathaway et al. s. 166 Carlton vs. Young, 316 Admin'trx of Barry, Staniford vs. 321 Clapp Adm'r vs. Beardsley, Atkinson et al. vs. Burt et al. Burt et al. Atkinson et al, vs. $29 24 C 68 Catlin et al. vs. Barnard et al. 168 13 Cochran, Eddy vs. $59 329 Colgrove vs. Fillmore, Conant et al. vs. Smith et al. Cook, Little vs. Cook, Penfield vs. 842 Corinth, Bradford Vs, 395 Crawford, Holden et al. vs. 62 Cutler, Fitzsimmons vs. 43 80 145 D Dana vs. Nelson et al. 121 9 Dana, Towsley vs. 314 Davis et al. Hubbard et al. vs. 269 Davis et al. Slasson vs. 95 Denison, Richardson vs. 62 Doane et al. Sawyer vs. 825 Donoghue, Trask vs. 168 Dorr et al. Lyman vs. 306 Dow vs. Hinesburgh et al. 375 Duncan vs. Fish Adm'r, 158 Dunshee vs. Stearns 129 54 Durfey, Hoag & Dow vs. 216 Durkee vs. Mahony, 290 Durkee vs. Mayo et al. |