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Entered according to the Act of Congress, in the year MDCCCLVIII., in the Clerk's Office of the District Court of the Unued States for the Sothern District of New-York, by BANKS, & BROTHERS.
ALSO-Entered according to the Act of Congress, in the year MDCCCLVIII., in the Clerk's Office of the District Court of the United States for the Northern District of New-York, by GIDEON J. TUCKER, Secretary of State of the State of New-York, in trust for the benefit of the People of the said State.
Rec. Dec. 12, 1870
THIS volume will be lettered and numbered, "NEW-YORK REPORts, Vol. 15." It takes its place in a series consisting of four volumes of Comstock's Reports, five of Selden's, three of Kernan's, and soon to be augmented by a sixth of Selden's and a fourth of Kernan's, now in the press. These will complete the reports of cases argued in the Court of Appeals, from its organization to the present time.
The Reporter believes himself to be complying with a very general wish of the profession, in making this change in the title of the Reports of the court of last resort. The catalogue of Reporters has already become so numerous as to render the order of their succession, and the distribution of them among the respective states, a serious burden to the memory.
It is proper to say, in explanation of the apparent gap between the Reports of Mr. Kernan and the present volume, that the court heard but two cases in January term, 1857 (the first two herein reported), and rendered no decisions until June term. The case of Curtis v Leavitt required a long time for its examination; the pleadings, evidence and other papers therein making eight large printed volumes. The report is of corresponding length. To facilitate its examination, a special index is put upon the next page, and the head note has numerous references to the places where the several propositions therein noted are discussed.
JUDGES OF THE COURT OF APPEALS.
HIRAM DENIO, CHIEF JUDGE.
JOHN W. BROWN,
WILLIAM H. SHANKLAND,
Justices of the Supreme Court, and