Entered according to an Act of Congress, in the year one thousand eight hundred and sixty, by

THO. F. WITHROW,

in the Clerk's office of the District Court of the United State, in and for the District of Iowa.

Rec Jan 27,1862

PREFACE.

THE cases reported in this volume, with the exception of Pelamourges v. Clark, and Ex parte Pritz, were determined at the June and December terms, 1859. The TENTH volume, now in press, will embrace the cases determined at the December term 1859, yet unreported, with a portion of those decided at the June term 1860.

Chapter 10, Revision of 1860, (section 113,) requires the Reporter to incorporate in the report of each case a statement of "the legal propositions made by counsel in the argument, with the authorities relied on for their support." By section 115, of the same chapter, it is provided "that not more than two volumes annually shall be published." It is deemed desirable that the reports shall, at the earliest day possible, present to the profession all opinions of the court now on file. When the present Reporter entered upon the discharge of his duties, all opinions filed between June 13th 1859, and July 1st 1860, were unreported. The desire to present these to the bar of the State, at the earliest day practicable, together with the prohibition above mentioned, has rendered it necessary to abridge the reports of briefs in cases in which the propositions made by counsel are distinctly stated in the opinions of the court, to a mere statement of authorities cited. In cases submitted on oral arguments, or on written arguments in which no authorities were cited, the names of counsel only appear. The Reporter is advised that in a number of cases, in which no arguments appear on the files, arguments were actually submitted, but have been mislaid. In such cases it has not been possible to present more than the names of the counsel as they appear on the records and in the memoranda usually appended by the judges to the opinions filed.

A number of cases merely cumulative in their character, in which no questions not hitherto determined are presented and considered, are reported only in the notes under the cases which they follow, or in the general notes. This method has been adopted because those brief reports are sufficient to advise the profession that the holdings of the court in cases reported in former volumes have been followed, and for the still more urgent reason that the space limited by law will, for the present year, be occupied by matter of a more important character.

The Reporter trusts that the changes introduced in the style of reporting, indicated by the head notes and the index, will prove acceptable to the profession. He desires to acknowledge his indebtedness to many members of the bar, the judges and the officers of the court, for the numerous suggestions and kindnesses he has received from them while engaged in the preparation of this volume.

DES MOINES, November 1860.