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ON

THE LAW OF

EXECUTIONS

BY

HENRY M. HERMAN

COUNSELLOR AT LAW

UM

HERBA SOLA

NEW YORK

JAMES COCKCROFT & COMPANY

1876

Entered, according to act of Congress, in the year 1875,

By HENRY M. HERMAN,

In the office of the Librarian of Congress, at Washington.

TO THE HONORABLE

SAMUEL F. MILLER, LL.D.,

ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE UNITED STATES, AND PRESIDING JUDGE OF THE EIGHTH FEDERAL

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PREFACE.

THE necessity for and utility of a work on so important a branch of the Law, as that relating to final process, has often occurred to the Author in his practice. The only reason that suggested itself to his mind why a work of this kind had not been published, was, that the means for the enforcement of all final adjudications, were, in the United States as in England, governed solely by local Statutes. As each State had its own code and mode of procedure, so it had its own mode of enforcing final process; and such modes were so varied, so unlike, that it would be almost an impossibility to harmonize and systematize the adjudications. The Author, having occasion to examine many cases relating to this branch of the Law, was surprised at the similarity and unanimity of the decisions, and upon further investigation he ascertained, that the diversity in the Statute Laws of England and the various

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