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REPORTS

OP

CASES ARGUED AND DETERMINED

IN THE

SUPREME COURTS

OF THE

STATE AND TERRITORY OF KANSAS.

By C. F. W. DASSLER,

AUTHOR OF KANSAS DIGEST, 1880; COMPILED LAWS OF KANSAS, 1879; KTO

VOL. I.

CONTAINING A REVISED REPORT OF ALL CASES REPORTED IN VOL. 1 OF KANSAS
STATE REPORTS, AND IN MCCAHON'S REPORTS, AND SEVERAL
UNREPORTED CASES, WITH COPIOUS NOTES, ETC.

ST. PAUL:

WEST PUBLISHING CO.

1912.

Entered according to Act of Congress, in the year one thousand eight hundred and eighty,

BY C. F. W. DASSLER,

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

COPYRIGHT, 1912,

BY

WEST PUBLISHING COMPANY.

(1 KAN.)

THE first volume of Kansas State Reports being out of print suggested the preparation of this volume. This book, intended to take the place of the first volume of Kansas State Reports, was thought incomplete without inserting all cases that could be found up to and including the period embraced in such first volume. The late James McCahon, of Leavenworth, Kansas, in 1870 published a small volume of reports, containing cases decided by the territorial supreme court, and known as McCahon's Reports. This volume has been out of print for some time, the plates and copies printed having been destroyed in the Chicago fire in 1873.

With this fact in view, it was thought proper to revise the reports of the cases contained in McCahon's Reports, and append them to this volume, which has been done. Several cases not heretofore reported have also been added.

The first volume of Kansas State Reports was found to be full of typographical and other errors, and upon examination this was also found true of McCahon's Reports. Therefore, a revision of the cases as there reported was deemed necessary. Many of the corrections made are noted in brackets; others, where the errors were apparent, have been properly printed in this work.

New head notes to the cases reported in McCahon's Reports have been made, and the cases reported uniformly with the balance of the book. Many of the head notes to the cases contained in the first volume of Kansas State Reports have been entirely rewritten, and all of them have been revised and corrected. It is hoped this will be found an improvement.

To avoid confusion in the citation of cases, when referring to the former volumes, the pages of the same are indicated in the body of the matter with * pages. So that a reference to the pages of the old books can also be found in this.

Each case has been thoroughly annotated, with references to later decisions, thus intending to give at a glance, as near as was practicable, a terse statement of the law on the subject matter of the case or point decided, as expounded or modified by the later decisions of the supreme court of Kansas.

A full index will be found at the end of the volume, containing, it is believed, all of the matter usually placed in indices to reports.

Should this volume, on a comparison with those whose place it is intended to take, commend itself to the favorable consideration of the bar of this state, it will encourage the preparation of succeeding volumes, thus making it the initial volume of a new edition of Kansas Reports. C. F. W. D.

LEAVENWORTH, KANSAS, November, 1880.

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