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iv

own justification, he will wish to make public. The ave. nues to corruption are thus obstructed, and the sources of litigation closed.

One of the effects, expected from the establishment of a national judiciary, was the uniformity of judicial decision; an attempt, therefore, to report the cases decided by the Supreme Court of the United States, can not need an apology; and perhaps none can be given for the inadequate manner in which that attempt has been executed. It has been the endeavor of the Reporter to give a faithful summary of the arguments of counsel. To do them complete justice he acknowledges himself incompetent. In no instance, perhaps, has he given the words in which the ideas were conveyed, as his attention was almost entirely occupied in collecting the point of the argument. He may have omitted ideas deemed important, and added others fup. posed to be impertinent; but in no case has he intentionally diminished the weight of the argument. It may pos, , sibly be alleged that he has introduced into the reports of some of the cases more of the record than was neces. sary. If he has erred in this, he has been led into the crror by observing that many of the cases in the books are rendered useless by the want of a sufficient statement of the case as it appeared upon the record; and he ima- . gined it would be a less fault to insert too much, than to omit any thing material.

He has been relieved from much anxiety, as well as responsibility, by the practice which the court has adopa

ed of reducing their opinion to writing, in all cases of difficulty or importance; and he tenders his tribute of acknowledgement for the readiness with which he was permitted to take copies of those opinions.

He is indebted to Mr. Caldwell, for his notes of the cases which were decided prior to February term 1803, without the affistance of which he would have been unable to report them, as his own notes of those cases, not having been taken with that view, were very imperfect.

He also feels his obligation to those gentlemen of the bar, whose politeness has prompted a ready communication of their notes, which have enabled him more corre&tly to report their arguments.

Should an apology be deemed necessary for the liber. ty he has taken in his notes to some of the cases reported, that apology exists in a wish candidly to investigate the truth. In doing this in a respectful manner, he does not feel confcious of giving cause of offence to liberal and candid minds.

If the fate of the present volume should not prove him totally inadequate to the task he has undertaken, it is his intention to report the cases of succeeding terms.

CASES REPORTED.

212

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ABERCROMBIE v. Dupuis,

M

page. page 343 Madison, Marbury v. 137 Alexander, Lloyd v. 365 Mandeville v. Riddle, 290 Auld, Hepburn v.

321 Marbury v. Madison, 137 B Mason, Wilson v.

45

O Bazadone, Clarke vi

239 Owings, Wood v. с

P Clark . Young,

181

Peggy Schooner, U. States v. 103 Clarke v. Bazadone,

212

R
D.
Refler v. Shehee,

11ο Dexter, Hodgson v.

345 | Riddle, Mandeville vi 290 Dunlop v. Silver,

367 Russell, Hamilton v. 309 Dupuis, Abercrombie v. 343

s
F
Sears, Fenwick v.

259 Fendall, Turner vi 117 Seeman, Talbot v. Fenwick v. Sears,

110 Shehee, Refler v. 259 Silver, Dunlop v.

367 G

Simms, U. States v.. 252 Gardner, Lindo v. 343 Stuart v. Laird,

299 Groverman, Hooe v.

215

T
H
Talbot v. Seeman,

I

282 Hamilton v. Russell, 309 Thompson v. Jameson

117 321 | Turner v. Fendall Hepburn v. Auld, Hodgson v. Dexter, 345

U
Hooe v. Groverman, 215 United States v. Hooe,
Hooe, U. States v.

-v. Schooner Peggy, 103 I

-v. Simms,

252

W

282 Jameson, Thompson v. Insurance Company Alexan- Wilson v. Lenox,

194 dria v. Young, 332 - v. Mason,

45 Wood v. Owings,

239 L

Y
Laird, Stuart v.

299
Young,
Clark v.

181 Lenox, Wilson v.

194

Insurance Co. Alex-
Lindo s. Gardner,

343
andria v.

332 Dyd 24. Alexander, 365

318

318

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CASES CITED.

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124, 128

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281, 343

page.
page.
ABNEY
BNEY v. Kendall,

Beckingham v. Vaghan, 429
Acheson v. Fountain,
428 Bell v. Chapman,

429

Adamson, Heylin v. 271, 293, 388

Pollard v.

Adair, Clarke v.

86

Bellamy, Birch v.

427

Aguilar, Geyer v.

16

Benchkin, Ewers v.

391

Allanson, Fofter v.

Bennus v. Guyldley,

335, 337

335

Allen, Jacob v.

Benson v. Flower,

440

Alsop, Lellingham v.

244

v. Turton,

453

Althams case,

Bernardi v. Motteux,

327

Ancher v. Bank of England, 422, 442

The Betsy,

16

Aris's case,

441

Bickerdike v. Bollman, 271, 272

Armiftead v. Philpot, 123, 127, 128 Bigg, Rex w.

340

135

Bingham v. Cabot,

Afher v. Wallis,

442 Birch v. Bellamy,

86

Aspinal), Rushton v. 201, 210, 273 Birch, Rudge si

425

338

Birchall, Moulsdale v.

425

Atley v. Reynolds,

Bird, Rex v.

441

123, 128

Avery v. Hoole,

337

-; Staple v.

135

Aylett v. Love,

208 Bishop v. Young,

388, 465

Blackstone, Lavender v. 312

B

Blackwell v. Harper, 78, 97

Blaigrove, Baird v.

335, 337

Baas v. Tingey,

15, 22, 26 | Bland, Robertson v.

Babington v. Lambert,

Bollman, Bickerdike v.

429

271, 272

Bailiffs of Bewdley, Regina v. 87

Bond v. Nutt,

Baird, Skipwith v.

202, 206, 210 Bottomly r. Brooke,

Baird w. Blaigrove,

335, 337

Boulton v. Hillesden,

Baker v. Hill,

389, 463 | Bourne v. Mason,

430

Baldwin v. Wethen,

72

Bradford v. Smith,

70

Ball, Caldwell v.

439

Brent, Barbone v.

442

Rumball v.

388, 464 Brett v. Read,

335

Bank of North America v.

Bridges, Tyman v.

329

M.Knight,

278 Brig Perseverance, Jennings v. 320

Bank of England v. Newman, 400 Bright v. Purrier,

271

422

Briscoe, Consella v.

71

Ancher v. 421, 442

v. Swearingen,

71

Barbone v. Brent,

442 Bromwich v. Lloyd, 372, 381, 397

Barker, King vi 152, 168 Brooke, Bottomly v.

425

Barkley, Jones

325, 330 Brown v. Barry, 207, 266, 270

Barloe, Jordan v.

403, 431
v. Bullen,

442

Barnet v. Watson,

290

Fowler v.

Barry, Brown vi 207, 266, 270 - W. Harraden,

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*26, 227

425
399

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358

448

353

72

page.

page. Brown v. London, 388, 429, 463 Clarke v. Martin,

294, 408, 431 v. Tindall,

273, 278 462 Browning v. Morris, 442 Claxton v. Swift,

271 Buckingham v. Coftendine,

335 Coggs, Hortor v.

391, 402, 406 Bullen, Brown v. 442 Collins v. Emmit,

44? Buller v. Crips, 372, 381, 382, 411 Comyns, Morrough v.

424 432 Consella v. Briscoe,

71 v. Harrison,

442 Cooper, Monk v. Bulftrode v. Gilburn,

335 Core v. Woddye, 428,429, 440, 463 Bunniworth v. Gibbs,

Corvens' case, Burrage, King v.

Coftendine, Buckingham v. 333 Burrough of Midhurst, Rex v. 152 Cox, M'Quillin v.

208 Burton v. Souter, 410 Coxe v. Wirrall,

114 Butcher v. Swift,

404 Cramlington v. Evans, 391, 429 Byas, ex parte, 246 Crawly v. Crowther,

294, 404 C

Creagh, Welsh v. 462, 465

Crips, Buller v. 372, 381, 382, 411 Cabot, Bingham v.

281, 343

432 Cadogan v. Kennet, 312 Cromwell v. Floyd,

399 Caldwell o. Ball, 439 Crop v. Norton,

328 Call, Scott v. 202, 210 Crow, Dougherty v.

71 Campbell, Hitchen v. 440, 442, 184 Crowther, Crawly v. 294, 404 188

Cutler, Marsh v.

288 Kitchen v. 184, 188, 440 Cutting v. Williams,

410 442 - Wright v.

439

D Cannon v. Smallwood,

128 Cardy, Hawkins v. 372, 400 Darrach v. Savage,

391 Carter v. Downish, 370 Dartnall v. Morgan,

335
Hibberts v.

439 Dauchy, Wiscart v.
-v. Palmer, 402, 404, 431 Davis, Mackie vi 184, 186, 273
-v. Pearce,

449, 458 Carthage v. Manby;

326
Feltmakers va

430
Çary v. Webster,
442 Davy, Newdigate v.

442 Castles' case, 254 Dawes v. Ferres,

87 Chamberlyn v. Delarive, 184, 186 Dedire, Freemoult v.

I 2 188

Dehers v.
Harriot,

392 Chapman, Bellv.

429 | Delarive, Chamberlyn v. 184, 186 v. Emery,

70

188 Chat, Edgar v. 386 Denabie, Difbornc v.

429 Cheeseman, Starke v.

402

Dimocke, Hornsey v. 429, 442 Chichester, Vass v. 210, 338 Dingwall v. Dunftar,

200 Child, Walmsley v. 417 Dirborne v. Denabie,

429 Chute, Meredith v. 463 Dittlesfield, Oble v.

429 Clark v. Nighteogale, 305 Doe v. Routledge,

70
Clarke v. Adair,
4.27 Dolly, Goodall v.

272
v. Reynolds,
313 Domingo Franca's cafe,

463
v. Shee and Johnson, 442 Dougherty v. Crow,
W. Smith,
443 | Douglas, Ifrael v.

427

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