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Entered according to Act of Congress, in the year 1850, by

W. C. SMEDES AND T. A. MARSHALL, In the Clerk's Office of the District Court of the District of Massachuselts,

.

BOSTON.

THURSTON, TORRY, AND COMPANY,

l'RINTERS, DevoNSHIRE STREET.

JUDGES DURING THE TIME OF THESE REPORTS OF DECISIONS,

DELIVERED AT THE ADJOURNED JANUARY TERM, 1849.

Hox. WILLIAM L. SHARKEY, LL.D., CHIEF JUSTICE. Hos. ALEX. M. CLAYTON,

JUSTICES. Hos. J. S. B. THACHER,*

JOHN D. FREEMAN, Esq., ATTORNEY-GENERAL.
WILSON HEMINGWAY, Esq., CLERK.

* Judge THACHER was not present during the adjourned January Term, 1849, which was held in the month of October of that year; and of course did not take part in the opinions delivered at that term.

RULE

ADOPTED BY THE HIGH COURT OF ERRORS AND APPEALS,

JANUARY TERM, 1850.

Ordered, That hereafter four abstracts of the points presented by the record shall be made out, one for each member of the Court, and one to be filed with the record, to be written in a fair legible hand, on one side of the paper, or printed. If counsel on each side can agree, they shall sign the abstract, but if not, then an abstract shall be made out on each side.

In like manner shall the counsel on each side prepare four briefs, one for each member of the Court, and one to be filed with the record, 10 be written in like manner or printed ; and no case will be deemed for hearing, unless prepared as above provided. This shall not take effect at the present term.

TABLE

OF THE CASES REPORTED.

PAGE

PAGE Aberdeen Female Academy v. Clayton, Morse v.

373 Mayor & Aldermen of Ab Clifton, Mathews v.

330 erdeen, 645 Clopton v. Cozart,

363 Aldridge v. Grider,

281 Commercial Bank of Manchester Alford, Robinson v. 509 v. Bonner,

649 Anthony v. State,

263
Same v. Kendall,

278 Same v. Lewis,

226 Battle, Fort v. 133 Same, State v.

569 Bayless, Sagory v. 153 Conger, Watt v.

412 Beazley v. Prentiss, 97 Connell v. Mulligan,

388 Berryman v. Sullivan, 65 Cook v. Rives,

328 Bierne v. Mower, 427 Coon v. State,

246 Boarman v. Catlett, 149 Covington, Haynes v.

408 Boarman, Mellen v. 100 Cozart, Clopton v.

363 Boles v. State,

398 Bonaffee v. Fisk, 682 Davis v. Harris,

9 Bond v. State, 265 Davis, Standiser v.

48 Boyd v. Thornton, 338 Dean v. Young,

118 Bone, McGill v. 592 Dearing_v. Ford,

269 Bonner, Commercial Bank of Man Dobbs, Prewett v.

431 chester v. 649 Dotson, Champlin v.

553 Box v. Stanford, 93 Dowell v. Brown,

43 Boykin, Lee v. 528 Dowell, Wolfe v.

103 Brantley v. State, 468 Drane v. Hilzheim,

336 Brodnax o. Brodnax,

369 Brown v. Dowell, 43 Edge v. Keith,

295 Brown r. Lester, 392 Ewing v. Cargill,

79 Brungard, Walker v.

723 Bryan v. Lashley, 284 Feemster v. May,

275 Bullock v. Sneed, 293 Ferriday, Selser v.

698 Burrus, Phillips v. 31 Fisher, Heizer v.

672 Burrus v. Thomas, 459 Fisk, Bonaffee v.

682 Ford, Dearing v.

269 Cain v. The State, 456 Fort v. Batile,

133 Cargill, Ewing v. 79 Fullerton, Henry v.

631 Carraway, Massingill v. 324 Fuliz, House v.

39 Catlett, Boarman v.

149 Champlin, Dotson v. 553 Garland v. Hull,

76 Cicely o. State, 202 Gilbert, Walker v.

693

.

PAGB

PAGB

Glasscock v. Robinson,

85 Lester, Brown v.

392

Godley, Goodloe v.

233 Lewis v. Miller,

110

Goodloe v. Godley,

233 Lewis, Commercial Bank of Man-

Green v. McDonald,

445 chester v.

226

Grider, Aldridge v.

281 Lewis v. Robertson,

558

Grigg, Ingraham v.

22 Littlefield, Satterwhite v.

302

Grubbs v. Nye,
443 Loomis, Scott v.

635

Guice, Lea v.

656

Mackin, Newman v.

383

· Harrington, Magee v.

403 Mahorner v. Harrison,

53

Harris, Davis v.

9 Magee v. Harrington,

403

Harrison, Mahorner v.
53 Massingill v. Carraway,

324

Haynes v. Covington,

408 Mathews v. Clifton,

330

Heizer v. Fisher,

672 Mathews v. Mosby,

422

Helm, Natchez Insurance Comp. v. 182 Maxwell, Rice v.

289

Henderson, Hill v.
688 May, Feemster v.

275
Henry v. Fullerton,

631 Mayor & Aldermen of Aberdeen

Heward v. State,

261 v. Aberdeen Female Academy, 645

Hewett, Langan v.

122 McCann v. Siate,

471

Hill v. Henderson,

688 McCoy, Richie v.

511

Hill v. Josselyn,
597 McCrossin, Swayze v.

317
Hilzheim, Drane r.
336 McDonald, Green v.

445
House v. Fultz,
39 McGill v. Bone,

592

Hull, Garland v.

76 McGimpsey, Wiggins v.

532

McGuire v. State,

257

Ingersoll v. Kendall,
611 McIntyre v. Whitfield,

88
Ingraham v. Grigg,
22 McQueen, Trezevant v.

311
Ives, Montgomery v.
161 Mellen v. Boarman,

100

Isbel, Vance v.

371 Metcalf, Scott v.

563

Miller, Lewis v.

110
Jennings v. Thomas,
617 | Miller, Money v.

531

Johnson v. Jones,

580 | Mobley v. Keys,

677

Johnson v. Sugg,
346 Money v. Miller,

531

Johnson v. White,

584 Montgomery v. Ives,

161

Jolly v. State,

223 Moody v. State,

642

Jones, Johnson v.

580 Moore, President & Selectmen of

Josselyn, Hill v.

597 Port Gibson r.

157

Moore v. State,

259

Keith, Edge v.

295 Morgan v. State,

242

Kendall, Commerc'l Bank of Man- Mosby, Mathews v.

422

chester v.

278 Morse v. Clayton,

373

Kendall, Ingersoll v.

611 Mower, Bierne v.

427

Keys, Mobley v.

677 Mulligan, Connell v.

388

Kirk v. State,

406 Myers, Pool v.

466

Kirkman, Waul v.

599

Knox v. Vallandingham,

526 Natchez Insurance Co. v. Helm, 182

Kyle v. Stinson,

301 Nelms v. State,

500

Newman v. Mackin,

383

Lacoste v. Pipkin,

589 Niles, Stebbins v.

307

Lagore v. Bayless,

153 Nye, Grubbs v.

443

Langan v. Hewett,

122

Lashley, Bryan v.

284 Pack v. Thomas,

11

Lea v. Guice,

656 Person v. Valentine,

551

Lee v. Boykin,

528 Phillips v. Burrus,

31

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