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OF

CASES

ARGUED AND DETERMINED

IN THE

SUPREME COURT OF IOWA.

BY EASTIN MORRIS,

COUNSELLOR AT LAW.

WITH NOTES AND REFERENCES TO SUBSEQUENT DECISIONS AND

LEGISLATION,

BY HON. WILLIAM E. MILLER,

OF THE IOWA CITY BAR, AUTHOR OF MILLER'S

PLEADING AND PRACTICE.

VOLUME I.

DAVENPORT, IOWA:
GRIGGS, WATSON & DAY.

1870.

Entered according to Act of Congress in the year 1847, by

EASTIN MORRIS, In the Clerk's Office of the District Court of the District of Iowa.

Entered according to Act of Congress in the year 1870, by

GRIGGS, WATSON & DAY, In the office of the Librarian of Congress, at Washington.

LIBRARY OF THE
KELAND STANFORD, JR., UNIVERSITY

LAW DEPARTMENT.

PREFACE.

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This volume contains all the cases argued and determined in the Supreme Court of the territory of Iowa from the organization of the Court down to January term, 1846, in which opinions have been filed.

When the reporter contracted with the publisher it was presumed that this volume would contain full reports of all the cases down to the reorganization of the Court under the state authorities; but in this he has been disappointed. Of the cases decided in 1846, nearly the whole are una. voidably excluded. The reporter has, however, given three important cases in full, and briefs of the remaining ones, with the exception of a few, in which the opinions were incomplete, or could not be found; and which, with other cases of 1846, will be reported for the next volume.

The reporter owes an apology to the pablic, and especially the members of the Iowa bar, for the delay in bringing out these reports; but in all candor he can say he could not avoid it.

He tenders his respectful thanks to Chief Justice Mason for reports, corrections, and memorandums of all the cases decided prior to January term, 1843.

Iowa City, 1847.

75953

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