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ARGUED AND DETERMINED

IN THE

COURT OF APPEALS

OF THE

33
STATE OF NEW YORK,

WITE

NOTES, REFERENCES, AND AN INDEX.

BY

JOEL TIFFANY,

Counselor-at-Law.

VOL. VI.

ALBANY:
WEARE C. LITTLE,
LAW BOOKSELLER, No. 525 BROADWAY,

MDCCCLXVI.

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Entered according to the Act of Congress, in the year MDCCCLXVI, in the Clerk's Office of the District Court of the United States for the Northern District of New York, by FRANCIS C. BARLOW, Secretary of State of the State of New York, in trust for the benefit of the people of the said State.

ALSO — Entered cording to the Act of Congress, in the year MDCCCLXVI, by WEARE C. LITTLE, in the Clerk's Office of the District Court of the United States for the Northern District of New York.

Ric July 19, 1826
REPEAT

11165

WAAD, PARSONS AND COMPANY,

PRINTBRS AND STEREOTIPERS,

JUDGES OF THE COURT OF APPEALS.

AN ACT IN RELATION TO THE JUDICIARY.

(Laws 1847, ch. 280.] 8 5. "The judge of the Court of Appeals elected by the electors of the State, who shall have the shortest time to serve, shall be the chief judge of said court."

$ 6. “Four justices of the Supreme Court, to be judges of the Court of Appeals, shall every year be selected from the class of said justices having the shortest time to serve; and alternately, first, from the first, third, fifth, and seventh judicial districts, and then from the second, fourth, sixth, and eighth judicial districts; and shall enter upon their duties as judges of the Court of Appeals on the first day of January, and serve as judges of said court one year."

For the Year 1885.

HIRAM DENIO, Chief Judge,
HENRY E. DAVIES,

JUDGES OF THE
WILLIAM B. WRIGHT,

COURT OF APPEALS.
JOHN K. PORTER,
JOHN W. BROWN,
PLATT POTTER,

JUSTICES OF THE
WILLIAM W. CAMPBELL, SUPREME COURT.
NOAH DAVIS,

For the Year 1866.

HENRY E. DAVIES, Chief Judge,
WILLIAM B. WRIGHT,

JUDGES OF THE
JOHN K. PORTER,

COURT OF APPEALS. WARD HUNT, WILLIAM H. LEONARD, RUFUS W. PECKHAM, JUSTICES OF THE LEROY MORGAN,

SUPREME COURT. JAMES C. SMITH,

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676

Eagle Bank v. Rigney,....... 613

Bank of Geneva v. Peynolds,. 160

Beals v. Benjamin,

61
Bedell v. Carll, .

581
Beebe v. Mead,...

587

Benjamin, Beals v.,.... 61

Billington v. Wagoner,

31

Board of Commissioners of Pi-

lots v. Clark,

251

Booth v. Bunce, ..

139

Brisbane v. Parsons,.

332

Brown v. Tuckerman,

297

Buckley v. Wells, .

518
Buffalo City, Le Couteulx v.,.. 333
Bunce, Booth v.,...

139

Butterfield, Rosa v.,

665

Canal Appraisers, The People,

&C., V.,

461

Carll, Bedell v...

581

Chamberlain, Monterey Plank

Road Co. V.,....

46

Chamberlain v. Pratt, .

47
Chapman v. New York Central

Railroad Company,
Chapman v. Tibbits, ...... 289
City of Utica v. Churchill,
Clark, Board of Commissioners
of Pilots V.,

251
Contracting Board, The Peo-
ple, &c., V.,

382
Cowing, Kellogg v., .

408

Devlin, The People v.....

269

Donovan v. The Mayor,. 291

Hadley v. The Mayor, &c., ... 603

Hamilton Insurance Company,
Gardner v.,

421

Harlem Gas Light Company v.

Mayor, &c.,...

309

Henry v. Root,

526
Hicks, White v..

383
Holmes, Stockwell v.,

53

Hopkins, Roosevelt V.,.... 81

Hopper, Seaman's Friend Soci-

ety et al v.,

619

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