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REPORTS

OF

CASES OF PRACTICE,

DETERMINED IN THE

SUPREME COURT OF JUDICATURE

OF THE

STATE OF NEW-YORK;

FROM APRIL TERM, 1794, TO NOVEMBER TERM,

1805, BOTH INCLUSIVE.

TO WHICH IS PREFIXED,

ALL THE

RULES AND ORDERS OF THE COURT

TO THE PRESENT TIME.

NEW-YORK:

HARVARD

LAW SCHOOLS

LIBRARY.

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DISTRICT OF New-York, ss.

E

IT REMEMBERED, That on the Fifteenth day of July, in

the thirty-third year of the Independence of the United States of America, I. Riley, of the said District, hath deposited in this Office the Title of a Book, the right whereof he claims as proprietor, in the words following, to wit:

"Reports of Cases of Practice, determined in the Supreme Court of “Judicature of the State of New-York; from April Term, 1794, to "November Term, 1805, both inclusive. To which is prefixed, all "the Rules and Orders of the Court to the present time."

IN CONFORMITY to the act of the Congress of the United States, entitled "An act for the Encouragement of Learning, by securing the "copies of Maps, Charts, and Books, to the Authors and Proprietors "of such Copies, during the times therein mentioned;" and also to an act, entitled "An act supplementary to an act, entitled an act for "the Encouragement of Learning, by securing the copies of Maps, "Charts, and Books, to the Authors and Proprietors of such copies, "during the times therein mentioned, and extending the benefits “thereof, to the Arts of Designing, Engraving, and Etching historical "and other prints."

EDWARD DUNSCOMB,

Clerk of the District of New-York.

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A Second Edition of Coleman's Cases of Practice having been called for, the Editor, by the advice of several professional gentlemen, has added the Cases subsequently decided, and printed in the reports of Mr. Caines. was his intention to have included the cases since 1805, but it was found they would swell the book to an inconvenient size. They will appear in a future volume as soon as a sufficient number can be obtained for that purpose.

The present volume, it is hoped, will be found useful to the gentlemen of the bar, and particularly to those who are more immediately concerned in the practice of the court, to whom a knowledge of the judicial decisions by which the proceedings in an action are to be regulated, is not less essential than an acquaintance with the general rules and orders established by the To render this collection more useful, all the rules and orders to the present time have been prefixed.

court.

New-York, July 15, 1808.

TABLE OF CASES.

A.

229

ABEEL v. Wolcott et al. Anonymous, 160, 176, 345, 399, 406, 408, 409, 419, 426, 428, 456, 461,

488.

Beekman v. Franker,
Bird et al. v, Pierpoint,
Bird et al. ads. Murray et al.
Boyce v. Morgan,
Bogert v. Bancroft,
Bodwell v. Willcox,
Bowne v. Shaw,

121
312

Burr v. Skinner,

227 Byron and anor. ads. Lefferts,
Broome v. Beardsley,

309

Bradt v. Cray,

Brandt, ex dem. M'Cleland, v.
Burrows,

Brandt, ex dem. Palmer, v. Ber-
rian,

Brandt, ex dem. Walton, v.

Ogden,
Brooks v. Hunt,

Brown v. Smith,

Brevoort v. Sayre and Hurd,
Bradt v. Way et ux.
Brett and Bunn v. Hood,
Brandt, ex dem. Van Courtlandts,
v. Buckhout and Buckhout,
Brain v. Rodelicks and Shivers,
Brooks v. Patterson,

Britt and anor. v. Van Orden,
Brown v. Mitchell,
Branson ads. Boardman,

Andrews v. Andrews,

Arden et al. v. Rice et al.
Arjo v. Monteiro,
Atterbury v. Teller, junior,

B.

Bach and Bach v. Coles,
Ball v. Ryers,

Bain v. Thomas and Green,
Baker and Sloane v. Sleight, she-

riff of Essex,

Baker ads. Burns,

Ballard and Parkman, ads. Kibbe and Ludlow,

434

435

359

Beebe ads. Paddock,

Bedle et ux. v. Willett,

343
78

56

Bayard v. Malcom and Malcolm, 456
Berry, who is impleaded with

Bushbee, ads. Elles et al. as-
signees, &c.

62

135

148

155

Bell et al. v. Rhinelan der,
Bergen and Garritson v. Boerum, 404 Brantingham's case,

446

462 63

476

466

367

304

100

112

493

491

483

473

419

444

430

419

361

259

186

176

133

99

88

51

48

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