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ARGUED AND DETERMINED
SUPREME COURT OF ALABAMA,
THE DECISIONS MADE AVTAR WAR 1829,
AT LAW AND INQUITY.
BY GEORGE N. STEWART,
E. WALKER, PRINTER.
SOUTIIERN DISTRICT OF ALABAMA, SS,
BE IT REMEMBERED, that on this fourteenth day of September, in the year of our Lord one thousand eight hundred and thirty-two, and in the fifty-sixth year of the independence of the United States of America, George N. Stewart, Esquire, of said District, has deposited in this office the title of a book, the right whereof he claims as author and publisher, in the words fol. lowing, to wit :
“Reports of Cases argued and determined in the Supreme Court of Alabama, embracing the Decisions made in the year 1829 and those made at the January Term of the year 1830, at Law and in Equity. By George N. Stewart, Reporter, appointed by the Court pursuant to Statute."
In conformity to the act of the Congress of the United States, entitled "An act for the oncouragement of learning, by securing the copies of maps, charts and books, to the authors and proprietors of copies, during the time therein mentioned:” and also, 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.”
In testimony whereof, at office, in the city of Mobile, I have hereunto set my hand [L. S.] Int ". and atlixed the seal of the said Court, the day and date above written.
Keen Tec. 14,168
The author is again compelled to tender his apology to the public, for the same reasons men. tioned in the first volume, for the imperfections which will be found in this. The same difficulties existing, the cases herein contained are reported without the benefit of notes taken at the trial, and as far as the arguments of counsel and the authorities cited are concerned, the author has been compelled to draw upon various uncertain sources for information; so it is only in a few cases, comparatively speaking, that he has been enabled to give them, and then only in a limited manner. There may be found also some errors in the names of the counsel in several causes, for the same reason. At the end of the last term named in this volume, the author was appointed Reporter by the Court, since which time, full notes of the arguments and authorities in all cases have regularly and with much labor been taken and preserved, so that the difficulty is now overcome, and the deficiency will no longer exist in cases that may be reported after that term.
By this volume it will be seen that the decisions of our courts are daily growing in importance and interest; and with the rapid increase of population and wealth, added to the mea. sures taken of late, and the disposition manifested further to improve the judiciary system in our State, no doubt can exist, but that in a short time, the judiciary of Alabama will be found to be equally respectable with that of her sister States.
GEORGE N. STEWART. TUSCALOOSA, September 1, 1832.
A TABLE OF THE CASES REPORTED IN THIS VOLUME,
The letter "p,” follows the name of the plaintiff in error or appellant, and the word "and” the
name of the defendant or appellee.
Caller and Carrington
175|Innerarity v. Kennedy & Kitchens Carrington v. Caller
175 Carter & Carroll and Dunham
496 || Jackson and Howard Cato v. Easley .
214 Johnson v. Howe's adm'rs Cawood et al. and the State
360 Johnson and Roberts Chapman et al. and Collier
Johnson et al. v. Atwood Chapman, judge of the c'ty court, and Moore et al. 466 Johnson v, Kelly & Hutchison Childress and M'Gehee
506 |Jordan v. Lewis Clifton v. Grayson
412 | Judge and Oliver Cobb o. Reed
444 Collier v. The State
388 Collier v. Chapman et al.
Keath v. Patton Copeland and Lucas
Kelly & Hutchison and Wade
Kelly & Hutchison and Johnson Davenport and Drish
Kennedy & Kitchens and Innerarity 266
King v, Green et al. Davis et al. and Smith
| King v. Dougherty Davis and Harrison
350 Davis v. Dickson et al. .
370 Derrick and Echols
Lake & Barron v, The Governor Dickson et al, and Davis
Lecatt v, Strang Dougherty and King
Lecatt and Rochon Drisho, Davenport
265/ Lccatt v. Stewart Dudley & wife and Moore, ex'tor.
1701 Lewis and Williams et al. Dunham v. Carter & Carroll .
406|Lewis and Jordan
Lucas v. Hickman
Lucas v, Copeland Fasley and Cato
214 Locas v. Tie Bank of Georgia Echols o, Derrick
Lucas and Sayre Ellis v. Bibb .
63 Lucas v. The Bank of Darien Eslava et al. and Halict
Lucas et al. v. Atwood et al.