HF 
 
 (jJnrnpU Slatu ^rl^nnl ICibtary 
 
CORNELL UNIVERSITY LIBRARY 
 
 3 1924 051 675 001 
 
Cornell University 
 Library 
 
 The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924051675001 
 
BRIEF MAKING 
 
 AND THE 
 
 USE OF LAW BOOKS 
 
 THIRD EDITION 
 
 Brief Mak.(3d Ed.) (1) * 
 
BRIEF MAKING 
 
 THE USE OF LAW BOOKS 
 
 WILLIAM M. LILE, HENRY S. REDFIELD, EUGENE 
 
 WAMBAUGH, EDSON R. SUNDERLAND, 
 
 ALFRED F. MASON, AND ROGER 
 
 W. COOLEY 
 
 THIRD EDITION 
 
 BDITED BY 
 
 ROGER W. COOLEY 
 
 PROFESSOR OF LAW, NORTH DAKOTA UNIVERSITY, SCHOOL OF LAW 
 AND 
 
 CHARLES LESLEY AMES 
 
 ST. PAUL, MINN. 
 
 WEST PUBLISHING CO. 
 1914 
 
SHi%^7 
 
 Copyright, 1905 
 
 BY 
 
 WEST PUBLISHING COMPANY 
 
 Copyright, 3909 
 
 BY 
 
 WEST PUBLISHING COMPANY 
 
 Copyright, 1910 
 
 BY 
 
 A. M. HENDRICKSON 
 
 AND 
 
 CHARLES LESLEY AMES 
 
 Copyright, 1914 
 
 BY 
 
 WEST PUBLISHING COMPANY 
 (Brief Mak.,3d Ed.) 
 
PREFACE TO THE THIRD EDITION 
 
 SiNcB the publication of the Second Edition in 1909 there has been 
 a remarkable increase in the interest exhibited in the subject of Brief 
 Making and the Use of Law Books, not merely by the law schools of 
 the country, but by the profession at large. Many additional schools 
 have introduced into their curricula courses on this subject, and a con- 
 siderable number have made their courses compulsory instead of 
 elective. 
 
 While the Second Edition was, of course, more popular and useful 
 than the first, a Third Edition has become necessary for several rea- 
 sons. 
 
 In the first place, a number of important legal publications have re- 
 cently been issued, with the effect of simplifying the methods of using 
 law books. Hence, much matter contained in the Second Edition is 
 now obsolete, making it necessary to bring down to date those chapters 
 which deal with the use of law books. 
 
 Secondly, the analysis of the subject in former editions was experi- 
 mental, and the arrangement of the book was largely governed by con- 
 siderations which no longer apply. Therefore, an entirely new analysis 
 of the subject has been worked out, in the light of experience and of 
 a fuller knowledge. It is based purely upon the logical order of the 
 different divisions of the subject, and upon practical considerations 
 of class-room instruction. 
 
 Parts I and II, which deal with matters of legal bibliography, have 
 necessarily, for reasons already mentioned, been almost completely 
 rewritten. 
 
 Part III was originally written by Professor Eugene Wambaugh of 
 the Harvard Law School. Experience with the First and Second Edi- 
 tions indicated that in class instruction this portion of the subject could 
 be more satisfactorily taught if dealt with in six comparatively short 
 chapters. Accordingly the j division has been made, and at the same 
 time those portions of Professor Wambaugh's article, which covered 
 questions which general experience had shown to offer special diffi- 
 culty, have been amplified. 
 
 Part IV of the Second Edition, dealing with the trial brief, written 
 by Professor Edson R. Sunderland of the Michigan University Law 
 School, and Part V, on the Brief on Appeal, by Professor Henry S. 
 Redfield of Columbia University Law School, have been retained with 
 little or no change from the form in which they were first printed. 
 
 The Appendix, included in this Edition as Part VI, constitutes a 
 Manual of Legal Bibliography. The compilers thereof have, in pre- 
 
 (V) 
 
VI PREFACE 
 
 paring it, endeavored to include all such information regarding legal 
 publications as can be reduced to condensed tabular form. No attempt 
 has been made to include any descriptive matter regarding individual 
 publications, since this is fully covered by the preceding text. Al- 
 though the compilation is designed primarily as a supplement to such 
 text, it is hoped that Part VI will prove constantly useful as a manual 
 of legal bibliography. The compilers take pleasure in acknowledging 
 their indebtedness to the Minnesota State Library for the Alphabetical 
 Table of English Reports included in Part VI. 
 
 With regard to instruction in the use of law books in general, it 
 should be added that it is a universally accepted fact among all who 
 have had wide experience in teaching the subject, either to law students 
 or practicing attorneys, that no general explanation of how any legal 
 publication should be used is of much value or assistance unless devel- 
 oped by supplementary illustrations showing the actual application of 
 each point brought out by the general statement. That such illustra- 
 tions may be vivid and understandable, it is essential that they be fol- 
 lowed out by actual examination and use of the various books thern- 
 selves. It cannot be too emphatically stated that it is the use of the 
 books themselves which alone can make the study of legal bibliography 
 effective. 
 
 Unfortunately, the books explained in Brief Making are not always 
 accessible at all, or in sufficient numbers for class-room work. To 
 meet this difficulty a Reference Book in the form of an 800-page illus- 
 trative volume has been published for use in connection with the pres- 
 ent text. In fact, Brief Making will be found to contain many cita- 
 tions such as "See Reference Book, pages ." The Reference Book 
 
 consists of specimen pages from the more important legal publications 
 in general use by the profession. Although it will prove of help in 
 visualizing the arrangement, character, and appearance of publications 
 illustrated, its use should be supplemented whenever possible by actual 
 reference to the law library. 
 
 Of all the subjects included in the curriculum of the progressive 
 modern law school, none is more immediately practical than the Use 
 of Law Books. While the study of it cannot make a good lawyer out 
 of one whose knowledge of the law itself is inadequate, it will make 
 a good lawyer into a better one, and will increase the practical effi- 
 ciency of any person whose work involves frequent reference to the 
 law hbrary. 
 
 That the present volume may adequately serve the purposes of a 
 text-book for class instruction or individual study in its appointed field 
 is the hope of the present editors, as it has been that of the original 
 editors and contributors. Roge;r W. Coolly. 
 
 CharIvEs Lesi^by Ames. 
 
 January 2, 1914. 
 
PREFACE TO THE SECOND EDITION 
 
 The first edition of "Brief Making," which was pubHshed in 1906. 
 marked an epoch in the history of legal education and literature. Prior 
 to that time very few law schools had attempted to give any systematic 
 instruction in the art of brief making. The generaV excellence of the 
 new book influenced a number of the leading law schools to adopt it as 
 a text-book, and led others to establish courses of instruction founded 
 on and following its general plan. This use of the book during the 
 three years that have elapsed since its publication has, of course, been 
 fruitful in suggestions for improvement. These suggestions have been 
 supplemented by others developed from the editor's experience as a lec- 
 turer on Legal Bibliography and The Use of Law Books in the leading 
 law schools of the country. 
 
 In the present edition a large amount of new material has been 
 added, and the general arrangement has been altered to accord with the 
 views of teachers and practitioners whose use of the book has qualified 
 them to judge of the needs of the student and of the profession. Those 
 parts of the original edition which treated of the subjects "Where to 
 Find the Law'' and "How to Find the Law" have been entirely re- 
 written. In compliance with the desire of many instructors there has 
 been added a new part on "The Trial Brief." 
 
 It is believed that the new edition is well adapted to use as a text- 
 book on brief making and as the foundation for a complete course of 
 instruction in legal bibliography. The aim has been to make it sug- 
 gestive and adapted to the methods of all teachers of the practical side 
 of the law. Rogbr W. Coolby. 
 
 St. Paul, Minn., Sept. 1, 1909. 
 
 (vli)» 
 
TABLE OF CONTENTS 
 
 INTRODUCTION 
 
 (Pages 1-2) 
 
 PART I 
 
 WHERE TO FIND THE LAW 
 (Pages 3-94) 
 
 CHAPTER I 
 
 INTRODXJCTORT— SOURCES AND REPOSITORIES OF THE LAW 
 
 Section 
 
 1. Introduction. 
 
 2. Law Defined. 
 
 3. Sources of the Law. 
 
 4. Legislative Enactments. 
 
 5. Judicial Decisions. 
 
 6. Repositories of the Law. 
 
 7. Authority. 
 
 8. Same — Primary Authority. 
 
 9. Same — Secondary Authority. 
 
 10. Same — Kinds of Authority Distinguished. 
 
 11. Same — Search Books. 
 
 CHAPTER II 
 
 BOOKS OF PRIMARY AUTHORITY— CONSTITUTIONS, TREATIES, 
 
 AND STATUTES 
 
 1. Introduction. 
 
 2. Constitutions — Federal. 
 
 3. Same — State Constitutions. 
 
 4. Same — History and Commentaries. 
 
 5. Treaties. 
 
 6. Statutes. 
 
 7. Same — Session Laws. 
 
 8. Same — Compilations, Revisions, and Codes. 
 
 (a) Compiled Statutes. 
 
 (b) Revised Statutes. 
 
 (c) Codes. 
 
 Bbief Mak.(3d Ed.) (Ix) 
 
X TABLE OF CONTENTS 
 
 Section 
 
 9. Same — Federal Statutes. 
 
 (a) Statutes at Large. 
 
 (b) Revised Statutes of the United States. 
 
 (c) Compiled Statutes of the United States of 1901. 
 
 (d) Federal Statutes Annotated. 
 
 (e) Codification of the Federal Laws. 
 
 (f) Judicial Code. 
 
 10. Same — Ordinances and Government Orders and Regulations. 
 
 11. Same — Rules of Court. 
 
 (a) Treatises on Federal Practice. 
 
 (b) Rules of the State Courts. 
 
 CHAPTER III 
 
 BOOKS OF PRIMARY AUTHORITY— REPORTS OF JUDICIAL DECI- 
 SIONS—AMERICAN REPORTS 
 
 1. In General. 
 
 2. Reporting Judicial Decisions. 
 
 3. Federal Reports. 
 
 (a) United States Supreme Court Reports. 
 
 (b) Same — NonoflEcial Editions. 
 
 (c) Same — Lawyers' Edition. 
 
 (d) Same — Supreme Court Reporter. 
 
 (e) United States Circuit and District Court Reports. 
 
 (f) Same — Federal Cases. 
 
 (g) Same — Federal Reporter. 
 
 (h) United States Circuit Courts of Appeals Reports, 
 (i) Miscellaneous Reports. 
 
 4. State Reports — Official Series. 
 
 (a) Incompleteness of State Reports. 
 
 (b) Jleaning of the Term "OflBcial" as Applied to Law Reports. 
 
 5. Nonofflcial Reports. 
 
 6. Same — The National Reporter System. 
 
 (a) Reporters Included in the System. 
 
 (b) General Description. 
 
 (c) Scope of Reporters. 
 
 (d) Promptness of Reporting. 
 
 (e) Harmonizing Decisions. 
 
 (f) Method of Annotation. 
 
 (g) The Key-Number. 
 
 (h) Index-Digests and Search Books. 
 
 7. Same — Selected Cases. 
 
 (a) The Lawyers' Reports Annotated. 
 
 (b) The Trinity Series. 
 
 (1) American Decisions. 
 
 (2) American Reports. 
 
 (3) American State Reports. 
 
 (c) American and English Annotated Cases. 
 
 (d) American Annotated Cases. 
 
 (e) Method of Annotation. 
 
 (1) La\\'yei*s' Reports Annotated. 
 
 (2) American Decisions. 
 American Reports, 
 American Slate Reports, and 
 American Annotated Cases. 
 
 (f) Character and Authority of Annotations in General. 
 
 (g) Digests. 
 
 (h) Search Books. 
 
 (i) Authority of Selected Case Series. 
 
TABLE OF CONTENTS XI 
 
 Section 
 
 8. Same — Special Reports. 
 
 9. Same — Miscellaneous Nonofflcial Reports. 
 
 10. Quasi-Legal Reports. 
 
 11. Citation of Reports. 
 
 12. Knowledge of the Reports. 
 
 CHAPTER IV 
 
 BOOKS OF PRIMARY AUTHORITY— REPORTS OF JUDICIAL DECI- 
 SIONS—ENGLISH REPORTS 
 
 1. Introduction — English Decisions as Authority. 
 
 2. English Courts. 
 
 (a) Appellate Courts. 
 
 (b) The Judicature Acts. 
 
 3. ISnglish Law Reporting. 
 
 4. Early Records of Litigation. 
 
 5. The Year Books. 
 
 6. Reports of the Second Period. 
 
 7. Reports of the Third Period. 
 S. The Law Reports. 
 
 9. Determining Date of English Decisions. 
 
 10. Mode of Citation. 
 
 11. Reprints of English Reports. 
 
 (a) American Reprints. 
 
 12. Selected Cases. 
 
 13. Canadian and Other Colonial Reports. 
 
 CHAPTER V 
 
 BOOKS OP SECONDARY AUTHORITY— TEXT-BOOKS, ENCYCLOPE- 
 DIAS, AND DIGESTS 
 
 1. Introduction. 
 
 2. Authority. 
 
 3. Text-Books. 
 
 (a) Treatises and Commentaries. 
 
 (b) The Monograph. 
 
 (c) The Text-Book -Digest. 
 
 (d) The Outline or Student's Handbook. 
 
 (e) The Local Text-Book. 
 
 (f) Text-Books in General. 
 
 4. Encyclopajdlas. 
 
 (a) The American and English Encyclopsedia of Law. 
 
 (b) The Cyclopfedia of Law and Procedure. 
 
 (c) Same — Cyc. Annotations. 
 
 (d) Same — Cyc. Index and Concordance. 
 
 (e) Miscellaneous Encyclopffidias. 
 
 5. Same — English Encyclopoedias. 
 
 6. Digests. 
 
 (a) Historical — The United States Digest. 
 
 7. Same — The American Digest System. 
 
 (a) The Century Digest. 
 
 (b) The Decennial Digest. 
 
 (c) The American Digest, Key-Number Series. 
 
 (d) The Monthly Digest. 
 
 (e) Recapitulation. 
 
 8. Uniformity and the Standard Classification. 
 
Xll TABLE OF CONTENTS 
 
 Section 
 
 9. Same — Miscellaneous Digests. 
 
 (a) Reporter Digests. 
 
 (b) Local or State Digests. 
 
 (c) Subject Digests. 
 
 10. Same — English Digests. 
 
 11. Character of flatter and Variation of Form of Books of Secondary 
 
 Authority. 
 
 12. Law Dictionaries. 
 
 13. Same — Words and Phrases. 
 
 14. Periodicals. 
 
 CHAPTER VI 
 
 SEARCH BOOKS 
 
 1. Introduction. 
 
 2. General Nature and Purpose. 
 
 3. Kinds of Search Books. 
 
 4. Annotations. 
 
 (a) Rose's Notes on the United States Reports. 
 
 (b) L. R. A. Cases as Authorities. 
 
 (c) Notes to American Decisions. 
 
 (d) Cyc. Annotations. 
 
 (e) Miscellaneous. 
 
 5. Indexes. 
 
 6. Cltators and Citation Books. 
 
 (a) Federal Citations. 
 
 (b) Shepard's Citations and Cltators. 
 
 (c) The Citator. 
 
 (d) L. R. A. Red Book. 
 
 (e) Miscellaneous. 
 
 7. Tables of Cases. 
 
 (a) Tables of Cases Reported. 
 
 (b) Tables of Cases Cited — In Text-Books. 
 
 (c) Same — In Reports. 
 
 (d) Tables of Parallel Citations. 
 
 (e) Same — Reporter Blue Books. 
 
 (f) Same — Reverse Front Tables. 
 
 (g) Same — Parallel Tables for Selected Case Series, 
 (h) Same— Miscellaneous Parallel Tables. 
 
 (i) Tables of Cases Digested. 
 
 (j) Same — Decennial Table of Cases. 
 
 (k) Tables of ('uses Affirmed. Reversed, or Modified. 
 
 8. Tables of Statutes Construed. 
 
TABLE OF CONTENTS XIU 
 
 PART II 
 
 HOW TO FIND THE LAW 
 (Pages 95-278) 
 
 CHAPTER VII 
 
 ANALYSIS OF PACTS— EXAMINATION OF STATUTES 
 ^tion 
 
 1. Introduction. 
 
 2. Necessity of System. 
 
 3. Analysis of Facts. 
 
 4. Provisional Hypotliesis. 
 
 5. Determination of Principle. 
 
 6. Examination of Statutes. 
 
 (a) Condensations and Originals. 
 
 (b) Analysis and Index. 
 
 (c) Determining Accuracy of Statute. 
 
 (d) Search for Subsequent Legislation. 
 
 (e) Construction of Statutes. 
 
 (f) Constitutions and Ordinances. 
 
 7. The Search for Precedents. 
 
 CHAPTER VIII 
 
 USB OF DIGESTS— MECHANICAL FEATURES OF DIGESTS 
 
 1. Introduction. 
 
 2. Text-Books or Digests. 
 
 3. Digests in General. 
 
 4. The Standard Digests. 
 
 (a) The Standard Classification. 
 (li) Same — Main Titles or Topics. 
 
 5. Mechanical Features of the Digest. 
 
 6. Same — Cross-Reference Titles. 
 
 7. Same — Arrangement and Contents of Topics. 
 
 (a) The Scope-Note. 
 
 (b) Analysis of Topic. 
 
 (c) Cross-References. 
 
 (d) Digest Paragraphs. 
 
 8. Same — bubdivision of Topics. 
 
 (a) Main Divisions and Subdivisions. 
 
 (b) Permanence of Divisions and Subdivisions. 
 
 (c) Sections or Black Letter Lines. 
 
 (d) 2-em Dash Lines and Italic Lines. 
 
 (e) Permanence of Sections. 
 
 (f) Analysis of a Topic. 
 
 (g) Additional Subdivisions of Topics in Century Digest. 
 
 9. Same^Cross-References. 
 
 (a) Cross-References under Main Titles. 
 
 (b) Words and Phrases. 
 
XIV TABLE OF CONTENTS 
 
 Section 
 
 10. Same — Century References. 
 
 (a) Century References in the Decennial Digest. 
 
 (b) Dummy Lines in Decennial Digest. 
 
 11. Same — Pink Table — Table of Century Digest Sections and Their Cor- 
 
 responding Decennial Section Numbers (Key-Numbers). 
 
 12. Same — Connecting Century with Key-Xumber or Other Standard Di- 
 
 gests. 
 
 13. Same — Tables in the Key-Number Series. 
 
 (a) Table of Reports. 
 
 (b) Table of Cases Digested. 
 
 (c) Table of Cases Aftirmed, Reversed, or Modified. 
 
 14. Same — Cunmlative Table of Key-Number Sections in Key-Number Se- 
 
 ries. 
 
 15. Decennial Table of American Cases. 
 
 (a) Arrangement. 
 
 (b) Citations to Reports, Reporters, and Selected Case Series. 
 
 (c) Reversals and Affirmances by the United States Supreme 
 
 Court. 
 
 (d) Citations to Century and Decennial Digests. 
 
 (e) Illustrations. 
 
 (f) List of Abbreviations. 
 
 16. Decennial Table of Reports. 
 
 17. Descriptive-Word Index to Decennial and All Other Key-Number Di- 
 
 gests, 
 (a) Contents and Arrangement. 
 
 18. How to Read Division Lines of Sections. 
 
 (a) Reading Index Lines. 
 
 19. Caution. 
 
 CHAPTER IX 
 
 USE OF DIGESTS— FINDING CASES BY USE OF DESCRIPTIVE 
 WORDS— USE OF "WORDS AND PHRASES" 
 
 1. Introduction. 
 
 2. Two Methods of Using Digests. 
 
 (a) Search Based on the Principle of Law. 
 
 (b) Search Based upon the Facts. 
 
 3. Theory of the Descriptive- Word Method of Search. 
 
 4. Descriptive Words — Analysis of. 
 
 (a) Subject- JXatter. 
 
 (b) Party or Parties Concerned. 
 
 (c) The Cause of Action or Ground of Defense. 
 
 (d) Object of Action. 
 
 (e) Point of Controversy. 
 
 (f) Miscellaneous. 
 
 5. How to Analyze the Case in Hand and Selection of Descriptive Words. 
 
 (a) Subject-Matter. 
 
 (b) Party or Parties Concerned. 
 
 (c) Cause of Action or Ground of Defense. 
 
 (d) Object of Action. 
 
 (e) The Point of Controversy. 
 
 (f) Miscellaneous. 
 
 6. Use of Descriptive Word. 
 
 (a) Illustrations I-V. 
 
 (b) Selection and Use of Specific or General Words. 
 
 (c) Difficulties Presented by Very Specitie Questions. 
 
 7. Use of Descriptive-Word Index with Key-Number Digests. 
 
 (a) Mow to Use the Descriptive-Word Index witu the American 
 
 Digest, Key-Number Series. 
 
 (b) How to Use Descriptive Words with State Digests. 
 
 (c) How to Use Descriptive-Word Index with Reiiorter Digests. 
 
TABLE OF CONTENTS XV 
 
 Section 
 
 8. Use of the Descriptive-Word Method Independently of the Index. 
 
 9. Recapitulation of Rules. 
 
 10. Use of "Words and Phrases." 
 
 (a) Contents and Arrangement of "Words and Phrases." 
 
 (b) Use in Preparing or (construing Written Instruments. 
 
 (c) Initial Use in General Search for Cases. 
 
 (d) "Words and Phrases" as Topic in Standard Classification. 
 
 (e) "Words and Phrases" in the Reporters. 
 
 (f) Use in General. 
 
 11. Lists of Patents, Trade-Marks, and Trade-Names Adjudicated. 
 
 12. Conclusion. 
 
 CHAPTER X 
 
 USE OF DIGESTS FOR EXHAUSTING AUTHORITIES 
 
 1. Introduction. 
 
 2. Identity of Divisions and Subdivisions. 
 
 (a) Illustration. 
 
 3. Identity of Section Numbers in Key-Number Digests. 
 
 4. Use of Key-Xunibers In Digests. 
 
 (a) Illustration. 
 
 5. Finding Key-Number Corresponding to a Known Century Section by 
 
 Means of Pink Table, 
 (a) Illustration. 
 
 6. Locating the Key-Number for the First Case Already Identified before 
 
 Examining the Digest. 
 
 (a) Cases Prior to 1906 — Decennial Table of Cases. 
 
 (b) Cases Later than September, 1906 — Tables in Key-Number 
 
 Series. 
 
 7. Finding the Facts of a Case. 
 
 8. Conclusion. 
 
 CHAPTER XI 
 
 HOW TO FIND THE LAW— USE OP THE REPORTERS 
 
 1. Introduction. 
 
 2. Tables. 
 
 (a) Tables of Cases Reported. 
 
 (b) Tables of Cases on Rehearing. 
 
 (c) Tables of Cases Transferred to Court in Banc. 
 
 (d) Tables of Cases in Which Writ of Error was Denied. 
 
 (e) Tables of Statutes Construed. 
 .'!. Parallel Citation Tables. 
 
 4. .Same — The Reporter Blue Books. 
 
 (a) Purpo.se and Use of Blue Books. 
 
 (b) Blue Table Continuations. 
 
 5. Same — Reverse Front Tables. 
 
 6. The Reporter Indexes. 
 
 7. Reporter Annotations. 
 
 8. Same — Century Annotations. 
 
 9. Same — Key-Number Annotations. 
 
 (a) Use in Connection with Digests. 
 
 (b) Same — When Only State Report Citation Is Known. 
 
 (c) Use in Connection with Other Volumes of the Reporters. 
 
 10. Early Reporter Cases Which are Nut Annotated Either by Key-Number 
 
 or Century Reference. 
 
 11. Use of Reporter Indexes to Supplement Digests. 
 
 12. Use of Key-Numbers in Text-Books. 
 
xyI table of contents 
 
 CHAPTER XII 
 
 HOW TO FIND THE LAW— USE OP TEXT-BOOKS 
 
 Section 
 
 1. Introduction. 
 
 2. Use of Text-Books in General. 
 
 3. Selection of a Text. 
 
 4. Slechanical Features of Text-Books. 
 
 5. Use of Analysis. 
 
 (a) Illustrations. 
 
 6. Use of the Index. 
 
 (a) Illustrations. 
 
 7. Use of Table of Cases Cited. 
 
 (a) Illustrations. 
 
 (b) Use of Table to Supplement Search for Authorities. 
 
 8. Supplementary Text-Books. 
 
 9. Same — By Means of American Digest System. 
 
 10. Same — Use of Century and Key-Number Annotations in the Reporters 
 
 (a) Tllnstration — Cci'tuiy Aniint'itlons. 
 
 (b) Same — Key-Number Annotations in Reporters. 
 
 CHAPTER XIII 
 
 HOW TO FIND THE LAW— USE OF ENCYCLOPJ3DTAS 
 
 1. Introduction. 
 
 2. Mechanical Features of Encyclopaedias. 
 .3. Use of Analysis. 
 
 4. Cross-Reference System. 
 
 (a) Character and Arrangement of Cross-References. 
 
 (b) Use of Cross-References. 
 
 (c) Definitions. 
 
 5. Cyc. Index and Concordance. 
 
 (a) Contents and Construction. 
 
 (b) Use of the Index. 
 
 6. Supplementing Encyclopaedias. 
 
 7. Same — Use of Cyc. Annotations. 
 
 8. Same — By Means of the American Digest. 
 
 9. Finding the Facts of a Case Cited. 
 
 CHAPTER XIV 
 
 HOW TO FIND THE LAW— USE OF SELECTED CASES 
 
 1. Introduction. 
 
 2. Use of Selected Case Series in General. 
 
 (a) Starting an Original Search in Selected Case Series. 
 
 3. Search hy Means of Difiests of the Series. 
 
 4. The Use of Indices to Notes. 
 
 5. Relative Scope of Reported Cases and Notes. 
 
 6. Search Based on a Known Case. 
 
 7. Supplementing the Use of Selected Case Series. 
 
 8. Subsidiary Aid.s to Use of Seiected Case Series. 
 
 (a) L. R. A. Cases as Authorities. 
 
 (b) Notes on the American Decisions and American Reports 
 
 (c) L. R, A. Red Book. 
 
TABLE OF CONTENTS XVll 
 
 CHAPTER XV 
 
 SELECTING, VALUING, AND VERIFYING AUTHORITIES 
 Section 
 
 1. Introduction. 
 
 2. Selection of Authorities. 
 
 3. Notes of Investigations. 
 
 4. Verification of Autlioritles. 
 
 (a) Illustration. 
 
 5. Determining A^alue of Authorities. 
 
 6. Same — FinaUty of Decision. 
 
 7. Same — Past Judicial History of Principle. 
 
 8. Same — Subsequent Judicial History of the Case. 
 
 (a) Citation Books or Citators. 
 
 (b) Shepard's Citators and Citation Books. 
 
 (c) Supplements for Each Citator of the Shepard Series. 
 
 (d) Miscellaneous, 
 
 9. Notes to Cases. 
 
 10. Same — Reference to Text-Books. 
 
 11. Use of Analogous Case.?. 
 
 12. Conclusion. 
 
 CHAPTER XVI 
 
 R^SUMJ; of exhaustive search for AUTHORITIES 
 
 1. Introductory. 
 
 2. Preliminary Steps. 
 
 3. Examination of Statutes. 
 
 4. Search lor Authorities. 
 
 5. Digests. 
 
 (a) Use of the Topic Analysis. 
 
 (b) The Descriptive-Word Method of Search. 
 
 (c) Use of the Table of Cases. 
 
 6. Exhausting the Authorities by Means of the American Digest System. 
 
 7. Use of Text-Books. 
 
 8. Use of Encyclopcedias. 
 
 (a) By the Analysis. 
 
 (b) By the Cross-References. 
 
 (c) By the Index. 
 
 9. Use of Selected Case Series. 
 
 10. Getting the Latest Cases. 
 
 11. Verifying and Valuing Cases Located. 
 
 12. Finding the Facts of a Cited Case. 
 
 13. Conclusion. 
 
 CHAPTER XVII 
 
 DIGEST CLASSIFICATION— STANDARD CLASSIFICATION SCHEME- 
 GENERAL RULES OF CLASSIFICATION 
 
 1. Introduction. 
 
 2. The Standard Classification Scheme. 
 
 (a) Theorem. 
 
 (b) Categories. 
 
 (e) Main Titles or Topic Titles, 
 (d) Difficulties of Classification. 
 
 Bbief Mae. (3d Ed.) — b 
 
XVm TABLE OF CONTENTS 
 
 Section 
 
 3. The Rule of Precedence. 
 
 4. Same — Application of the Rule of Precedence. 
 
 5. Same — Exceptions. 
 
 6. Distinction between General and Specific Main Heads. 
 
 (a) Matters Relating to Contracts. 
 
 (b) Matters Relating to Pleading and Practice. 
 
 (c) Matters Relating to Constitutional Law. 
 
 (d) Same — Police Power. 
 
 (e) Matters Relating to Statutes. 
 
 7. Same — Illustrations of Use of General and Specific Heads. 
 
 8. Use of Substantive and Remedial Heads. 
 
 9. Same — Illustration of Use of Substantive and Remedial Heads. 
 
 10. Same — Substantive and Remedial Subdivisions of Topics. 
 
 (a) Illustration. 
 
 11. The Basic Principle. 
 
 12. Importance of Careful Analysis of Facts. 
 
 13. Application of Principles of Classification in Finding the Law. 
 
 CHAPTER XVIII 
 
 DIGEST CLASSIFICATION— STANDARD CLASSIFICATION, SCHEME- 
 DISTRIBUTION OF MATTER AMONG iRELATED TOPICS 
 
 1. Introduction. 
 
 2. Negligence Topics. 
 
 3. Master and Servant. 
 
 4. Railroad Group. 
 
 5. Matters Relating to Marriage Relation. 
 
 6. Matters Relating to Infants. 
 
 7. Matters Relating to Public Officers. 
 
 8. Matters Relating to Corporations and Other Associations. 
 
 9. Crimes and Criminal Law. 
 
 10. Matters Relating to Political Subdivisions. 
 
 11. Miscellaneous Topics. 
 
 PART III 
 
 USE OF DECISIONS AND STATUTES 
 (Pages 279-349) 
 
 CHAPTER XIX 
 
 AUTHORITY IN GENERAL— IMPERATIVE AND PERSUASIVE 
 AUTHORITY 
 
 1. Introduction. 
 
 2. Sources of Material. 
 
 3. Distinction Between Statutes and Decisions. 
 
 4. Selecting and Valuing Material. 
 
 5. Interpretation of Decisions. 
 
 6. Authority. 
 
TABLE OF CONTENTS XLX 
 
 CHAPTER XX 
 
 DECISIONS AS PRECEDENTS— DOCTRINE OF THE CASE 
 
 Section 
 
 1. Introduction. 
 
 2. Decisions as Precedents. 
 
 (a) Theory of Common Law and Civil Law Contrasted. 
 
 3. Tlie Autboritative Element of a Decision. 
 
 4. Ratio Decidendi. 
 
 5. Determining the -Ratio Decidendi. 
 
 6. Parts of a Reported Case. 
 
 (a) The Title. 
 
 (b) The .Svllabus, or Headnote. 
 
 (c) The Statement. 
 
 (d) The Argument. 
 
 (e) The Opinion. 
 
 (f) The Decision. 
 
 (g) The Judgment or Decree. 
 
 7. Decision and Opinion Distinguished. 
 
 8. Authority of Opinion as Distinguished from Decision. 
 
 9. Principles Assumed by the Court. 
 10. Questions Not Raised or Decided. 
 
 CHAPTER XXI 
 
 DECISIONS AS PRECEDENTS— DICTA 
 
 1. Introduction. 
 
 2. Hypothetical Cases. 
 
 3. Dicta. 
 
 (a) Obiter Dicta. 
 
 (b) Dicta Propria. 
 
 (c) Gratis Dicta. 
 
 (d) The Test of Dicta, 
 
 (e) Value of Dicta. 
 
 4. Unnecessarily Broad Language. 
 
 5. Two or More Grounds for Decision. 
 
 6. Two Opposite Holdings at the Same Stage of the Case. 
 
 7. Several Errors Claimed, and None Pound. 
 
 8. Discordant Opinions Agreeing in Result. 
 
 9. Opinion Ignoring Point. 
 10. No Opinion. 
 
 CHAPTER XXII 
 
 DECISIONS AS PRECEDENTS— EXTRACTING DOCTRINE 
 
 OP Case— FORCE op precedents— stare decisis 
 
 1. Introduction. 
 
 2. Three Elements in a Reported Case. 
 
 3. Unnecessary Statements or Dicta. 
 
 4. Point Decided. 
 
 5. Ratio Decidendi. 
 
 6. Extracting the Doctrine of a Decision. 
 
 7. Same — When Ratio Decidendi does Not Correspond to Point Decided. 
 
 (a) Illustration. 
 
 (b) Explanation. 
 
XX TABLE OF CONTENTS 
 
 Section 
 
 8. Same— When Ratio Decidendi and Point Decided Coincide. 
 
 (a) Explanation. 
 
 9. Use of Decision as a Precedent. 
 
 10. Immaterial Differences in Cases — Distinguishing Cases. 
 
 11. Arguing from Analogy — Combining Cases. 
 
 12. Stare Decisis. 
 
 (a) Stare Decisis and Res Judicata Distinguished. 
 
 (b) Application of Rijle of Stare Decisis. 
 To. Conclusion. 
 
 CHAPTER XXIII 
 
 DECISIONS AS PRECEDENTS— CIRCUMSTANCES AFFECTING 
 THE WEIGHT OP A DECISION 
 
 1. Introduction. 
 
 2. The Necessity of Noticing the Circumstances. 
 
 3. Thoroughness of Consideration. 
 
 4. Same — Cases of First Impression. 
 
 5. Same — Failure to Cite Authorities. 
 
 6. Effect of Dissent. 
 
 7. Decision by Divided Court. 
 S. Defective Reports. 
 
 9. Later Authorities In Same Jurisdiction. 
 
 10. Same — Power of Court to Overrule Its Own Decisions. 
 
 11. Same — Decision Overruled Expressly. 
 
 12. Same — Decision Overruled by Implication. 
 
 13. Same — Decision Limited or Distinguished. 
 
 14. Same — Decision Disapproved. 
 
 15. Decision Ignored. 
 
 16. Isolated or Connected Decisions. 
 
 17. Comments Based on the Jurisdiction of the Court. 
 
 18. Same — As Between Superior and Inferior Courts. 
 
 19. Same — Decisions of State Courts on Federal Questions. 
 
 20. Same — As Between Courts of Different States. 
 
 21. Same — As Between Federal and State Courts. 
 
 22. Same — Decisions of Commission or Temporary Court. 
 
 23. Same — Decisions of English and Other Foreign Courts. 
 
 24. Conclusion — Caution Against Hypercriticism. 
 
 CHAPTER XXIV 
 
 CONSTRUCTION OF STATUTES 
 
 1. Introduction. 
 
 2. Statutes Treated Differently from Decisions. 
 
 3. Kinds of Statutes. 
 
 4. The Parts of a Statute. 
 
 5. Construction and Interpretation Synonymous. 
 
 6. Object of Construction. 
 
 7. Presumptions. 
 
 8. Two Nontechnical Rules. 
 
 9. Technical Rules of Construction. 
 
 10. Rules Applicable to All Writings. 
 
 11. Same — Ordinary and Technical Words. 
 
 12. Same — Changes in Meaning of Words. 
 
 13. Same — Context. 
 
 14. Same — Application of Rules of Grammar. 
 
 15. Same — Punctuation. 
 
 16. Same — Clerical Errors. 
 
TABLE OF CONTENTS Xil 
 
 Section 
 
 17. Same — Title and Preamble. 
 
 IS. Same — Resorting to Extraneous Evidence. 
 
 19. Rules Especially Applicable to Written Law. 
 
 20. Same— Validity of Statute. 
 
 21. Same — Statutes in Pari Materia. 
 
 22. Same — Construction in Light of Existing Law. 
 
 23. Same — Strict or Liberal Construction. 
 
 (a) Penal Statutes. 
 
 (b) Remedial Statutes. 
 
 24. Same — Conditions Not within Legislative Intent. 
 
 25. The Necessity for Going Beyond the Rules of Construction, 
 
 26. Ascertaining Precise Terms of Statute. 
 
 27. Subsequent Legislation. 
 
 28. Construction Already Made. 
 
 29. Same — Judicial Construction. 
 
 (a) Statute Taken from Another State. 
 
 (b) Statutes Common to Several States. 
 
 30. Same — Practical Construction. 
 
 31. Same — Legislative Construction. 
 
 32. English Statutes. 
 
 33. Constitutions and Ordinances. 
 
 PART IV 
 
 THE TRIAL BRIEF 
 (Pages 351-361) 
 
 CHAPTER XXV 
 
 THE TRIAL BRIEF 
 
 1. Introduction. 
 
 2. The Theory of the Case. 
 
 3. The Provisional Hypothesis. 
 
 4. Choice of a Theory. 
 
 5. Theory of Defendant. 
 
 6. Theory of the Case as Modified by Adversary's Theory. 
 
 7. The Trial Brief. 
 
 8. Form and Contents of Trial Brief. 
 
 9. Same — Abstract of the Pleadings. 
 
 10. Same — Statement of Facts to be Proved. 
 
 11. Same — Brief of the Evidence. 
 
 12. Same — Facts to be Proved by Adversary. 
 
 13. Same — The Law of the Case. 
 
 (a) Briefing Statutes. 
 
 (b) Briefing the Case Law. 
 
 (c) Instructions for the Jury. 
 
 14. Use of the Trial Brief. 
 
XXll TABLE OF CONTENTS 
 
 PART V 
 
 THE BRIEF ON APPEAL 
 
 (Pages 363-394) 
 
 CHAPTER XXVI 
 
 THE BRIEF ON APPEAL 
 
 Section 
 
 1. Introduction. 
 
 2. Definition. 
 
 3. Purpose of a Brief. 
 
 4. Necessity for a Brief. 
 
 5. Form and Contents of Brief. 
 
 6. Same— The Title. 
 
 7. Same — Preliminary Statement. 
 
 8. Same — Statement of Facts. 
 
 (a) Essentials of the Statement of Pacta. 
 
 (b) Same^Accuracy. 
 
 (c) Same — Clearness. 
 
 (d) Same — Conciseness. 
 
 9. Same — Specification of Errors. 
 
 10. Same — The Argumeiit. 
 
 (a) Scandalous Matter. 
 
 (b) General Form of Argument. 
 
 (c) Subdivision and Subordination of Points, 
 
 (d) Citation of Authorities. 
 
 (e) Discussion of Authorities. 
 
 (f) Same — Adversary's Authorities. 
 
 (g) Use of Text-Books. 
 
 (h) Verbosity to be Avoided. 
 
 11. Typography. 
 
 12. Sample Brief. 
 
 PART VI 
 
 APPENDIX 
 
 (Pases 395-619) 
 Chapter 
 
 1. Specimen Brief on Appeal (Gonzales v. Williams). 
 
 2. List of American Reports. 
 
 3. Reporter Directory showing what State and Federal Reports are cov- 
 
 ered by each part of the National Reporter System. 
 
 (a) By Reporter. 
 
 (b) By State. 
 
TABLE OF CONTENTS XXlll 
 
 Chapter 
 
 4. List of English Reports. 
 
 (a) Table of English Eegnal Years. 
 
 (b) Alphabetical List of English Reports (supplied by courtesy of 
 
 the Minnesota State Law Library). 
 
 (c) Chronological List of English Reports arranged according to 
 
 courts. 
 
 5. List of Citation Books. 
 
 6. List of Digests. 
 
 (a) General Digests. 
 
 (b) State Digests. 
 
 (c) United States Digests. 
 
 (d) Reporter Digests (i. e. Digests for the different parts of the 
 
 National Reporter System). 
 
 (e) Digests covering the various selected case series of Reports. 
 
 (f) Miscellaneous Digests. 
 
 (g) Special List of Standard Classification Digests and Key-Num- 
 
 ber Digests. 
 
 7. The Appellate Courts of the Various States. 
 
 8. Main Titles of the Standard Digest Classification. 
 
 (a) Arranged Alphabetically. 
 
 (b) Categorically Arranged. 
 
 9. Main or Topic Titles in Cyc. 
 
 10. List of Abbreviations by vehich Law Reports and important legal pub- 
 lications are cited. 
 
 INDEX 
 
 (Page 621) 
 
 t 
 
BRIEF MAKING AND THE USE 
 OF LAW BOOKS 
 
 THIRD EDITION 
 
 INTRODUCTION 
 
 By WiIvLIam M. LilB 
 Dean, University of Virginia School of Law 
 
 Introduction 
 
 The failure of the law schools to turn out graduates better prepared 
 for the practical work of the office or courtroom is an old and ever 
 recurring theme of complaint from bench and bar. The recent gradu- 
 ate himself, wrestling with his earliest practical problems, is especially 
 prone to lay his troubles at the door of the law school. 
 
 Without stopping to inquire in what other directions the law school 
 has come short of its duty to the student, law teachers generally must 
 concede that while a knowledge of law books and their use — in short, 
 brief making, in its broader sense — is an essential professional acquire- 
 ment, this field is yet, for the average law school graduate, a vast waste 
 of uncharted and unexplored territory. Following precedent, the 
 teacher has been content to lay before the student, in the form of lec- 
 tures, text-books or cases, or these combined, principles of the teacher's 
 own choosing; but little or no necessity for sustaining or combating 
 a particular proposition by written argument is encountered by the 
 student while in the law school. The result has been that the student 
 enters upon the practice, possibly with an excellent command of legal 
 principles, yet, as a practitioner, quite as helpless to "make war" for his 
 client as an unarmed soldier to do battle for his country. 
 
 The reason for this defect in legal instruction is not far to seek. 
 The courses of instruction, in even the leading law schools, are com- 
 paratively brief, and the ground to be covered is practically without 
 limit. The teacher must pick and choose. At best, the law school can 
 supply but a small part of the student's need. Such subjects as are 
 dealt with in statutes, decisions, and text-books — subjects about which 
 lawyers dispute, and for the elucidation of which there are authorities 
 to be consulted — have naturally held the attention of the teacher, in 
 Brief Mak.(3d Ed.) — 1 
 
INTRODUCTION 
 
 preference to those subjects about which the books speak but sparingly, 
 and which must be learned by observation and practice. Every teacher 
 of law knows the little value of mere oral instruction, howsoever im- 
 portant the matter or expert the instructor, if the substance of the 
 matter taught cannot be placed before the student in a form for svibse- 
 quent review. 
 
 Certainly, instruction in brief making has not been neglected be- 
 cause of its lack of importance. The lawyer at the bar, who knows 
 nothing of legal bibliography beyond his college text-books, or who, 
 with the books in his hands, cannot make an exhaustive examination 
 of the authorities on a given point — who cannot rapidly analyze an 
 opinion and determine the precise points for which it is authority, with 
 doctrine and dictum carefully discriminated — lacks much of necessary 
 professional equipment. Indeed, even though an expert in all these, if 
 he still lack the art of making his learning effective in the form of 
 argument and a well-constructed brief, his other accomplishments will 
 not save him from defeat at the hands of a less learned but more skill- 
 ful adversary. If it be true that in the days of our grandfathers, when 
 books were few and causes were argued largely on principle, the lawyer 
 with one book was a dangerous adversary, it is no less true in modern 
 days, when books are many and judges demand "cases in point" as well 
 as principles, that it is the lawyer with many books and the skill to use 
 them whose briefs win causes in the appellate courts, and furnish ma- 
 terial for immortal opinions. 
 
 The fair conclusion is that instruction in brief making and the use 
 of books has been neglected in many law schools, not because of the 
 intrinsic or comparative unimportance of these branches, but because 
 until recently the necessary material has not been accessible in con- 
 venient form. Up to the time when the second edition of "Brief Mak- 
 ing" was published (1909), there was no volume which the teacher 
 might put into the hands of the student as a basis for instruction in 
 this intensely practical department of the profession. The purpose of 
 the present volume is the better to supply this want, giving the student 
 and young practitioner a working knowledge of the depositories of the 
 law, with practical suggestions as to the method of looking up authori- 
 ties and properly presenting his case to the court. The hope of the 
 authors and publishers is that the volume will awaken an interest in this 
 very important branch of legal instruction, and that the law schools 
 may be able more fully to respond to the demands of the bench and 
 bar, in the direction of the better practical equipment of their gradu- 
 ates. 
 
Part I 
 WHERE TO FIND THE LAW 
 
 By ALFRED F. MASON 
 editor of the american law school review 
 
 Brief Mak.(3d Ed.) 3 • 
 
PART I 
 
 WHERE TO FIND THE LAW 
 
 By Alfred F. Mason 
 Editor of the American Law School Review 
 
 CHAPTER I 
 
 INTRODUCTORY— SOURCES AND REPOSITORIES OP THE LAW 
 
 § 1. Introduction. 
 
 2. Law Defined. 
 
 3. Sources of the Law. 
 
 4. Legislative Enactments. 
 
 5. Judicial Decisions. 
 
 6. Repositories of the Law. 
 
 7. Authority. 
 
 8. Same — Primary Authority. 
 
 9. Same — Secondary Authority. 
 
 10. Same — Kinds of Authority Distinguished. 
 
 11. Same — Search Books. 
 
 § 1. Introduction 
 
 The study of law is the study of books to an extent unknown 
 in other sciences. The physical sciences are studied by observa- 
 tion and experiment; books being resorted to merely for explana- 
 tion. The inductive method pursued in the study of physical sci- 
 ence is applicable also to the study of law — by the examination and 
 comparison of judicial decisions. But the student of law cannot 
 make experiments. He can only observe the results of past experi- 
 ments, as recorded in the cases contained in the reports. Except 
 what he may be taught by word of mouth, the study of books is 
 almost the only source from which he may learn or deduce the 
 rules and principles of law, and learn their practical application. 
 
 By the time the student is admitted to the bar he has learned 
 some law. But, unless he is blinded by overconfidence, he has also 
 discovered that it is impossible for any man to know all the law. 
 However well grounded he may be in the general, fundamental 
 principles of the law, he knows that there are infinite variations 
 and modifications of those principles in their application to ever- 
 varying facts and conditions, which it would take him a lifetime to 
 learn. With his first case, after he enters the practice, a problem 
 is, perhaps, presented to him that cannot be solved by any of the 
 general principles he has learned — that exemplifies one of those 
 variations, the explanation of which depends on the discovery of 
 Bkief Mak.(3d Ed.) 5 
 
§ 2 WHEKE TO FIND THE LAW (Part I 
 
 some special rule. To find this special rule, he must resort to 
 books. It is only in exceptional instances that the law is discov- 
 ered by theorizing and reasoning. The young lawyer should learn 
 at the very beginning of his practice to settle legal propositions by 
 consulting the books for himself, instead of waiting for their value 
 to be taught him in court by an opposing counsel. But, as he 
 glances over the library shelves, with their thousands of volumes, 
 he wakes up to the fact that, in order to practice law successfully, 
 he must know how to use the books that constitute the lawyer's 
 tools. Since he cannot expect to know all the law, he must know 
 where to find it and how to find it. 
 
 § 2. Law Defined 
 
 What is this "law" that he must know where and how to find? 
 Obviously, he is not concerned with any theories of jurisprudence, 
 or with any philosophical discussion or speculation as to the ex- 
 act nature and origin of law. His client has — or thinks he has — 
 certain rights that he desires to have recognized and enforced. 
 What is wanted is some rule or principle that will recognize and 
 enforce those rights. But the rights in question may rest merely 
 on social convenience or moral rules. These, however desirable 
 and important, cannot always be enforced; 
 
 As the student or lawyer has to deal with it, "law" is concerned 
 only with legal rights, and by "legal rights" are meant only such 
 ' rights as are recognized and enforced by the state.i What the law- 
 yer wants to find, therefore, is a rule that can be enforced b}' 
 proper authority, and in our system of government the proper au- 
 thority is the judicial tribunal. For all purposes, therefore, save 
 that of strictly philosophical inquiry, the "law" may be taken to 
 be the sum of rules administered by courts of justice; or, to use 
 the words of Prof. Thayer, by "law" we mean "a rule or standard 
 which it is the duty of a judicial tribunal to apply and enforce." 
 
 Prof. Holland, in his Elements of Jurisprudence (1st Am. Ed. 
 p. 35), defined "law" as "a general rule of external human action, 
 enforced by a sovereign political authority." Blackstone's defini- 
 tion of "law" as "a rule of action orescribed by the supreme power 
 of a state, commanding what is right and forbidding what is 
 wrong," is familiar. There are numerous other definitions, varia- 
 tions of the foregoing, which may be found in Vol. 5, Words & 
 Phrases, p. 4014. But, as said by Prof. Woodruff (Introduction to 
 the Study of Law, p. 3), these definitions obviously refer only to 
 Municipal Law, which regulates the intercourse of a state with its 
 subjects and the intercourse of those subjects with each other, and 
 excludes International Law, which regulates the intercourse of 
 nations with one another. Indeed, Prof. Holland remarks that In- 
 ternational Law can be "described as law only by courtesy, since 
 
 ' Dillon, Laws and Jurisprudence o£ England and America, p. 12. 
 
 
 
Ch". I) SOURCES AND EEPOSITORIES OF THE LAW § 3 
 
 the rights with which it is concerned cannot properly be described 
 as legal." 
 
 § 3. Sources of the Law 
 
 Considered with reference to its sources, the law, as thus defined, 
 falls into two general classes: The written or statute law, and 
 the unwritten or common law. The use of the terms "written" and 
 "unwritten" to describe the two classes of the law is, however, more 
 or less inaccurate and misleading. While it is probably true that 
 at one period the common law was actually Unwritten, yet since 
 the time of the Year Books (1292) the common law administered 
 by the courts has been, to a greater and greater extent, written 
 law. On the other hand, the term "unwritten law" is so thoroughly 
 established in legal phraseology as synonymous with the terms 
 "common law" and "case law" that we may safely continue to use 
 it, merely remembering that it is no longer descriptive. 
 
 The written or statute law has its origin in legislative enact- 
 ments, using that term in its broadest sense. The unwritten or 
 common law, on the other hand, has its origin in ancient customs, 
 expressive of legal rights, which have been transmuted into posi- 
 tive law by decisions of courts of justice. 
 
 To these sources of law might be added a third, namely, that 
 body of the law which has its origin in adjudication. Though, ac- 
 cording to the old English view, judges are "not delegated to pro- 
 nounce a new law, but to maintain and expound an old one,"'''stilI, 
 as a matter of fact, the courts have been intrusted with and have 
 always exercised, though not, perhaps, avowedly, a certain power 
 of making rules for cases not previously provided for by any well- 
 established principle, and have even modified existing laws from 
 time to time, in order to carry out current ideas of what is equita- 
 ble, or to adapt them to the changing needs of society. 3 
 
 The law derived wholly or partially from adjudication and the 
 law derived from ancient customs through the medium of judicial 
 decisions together make up the Case L,aw, as distinguished from 
 the Statute Law. The distinction between the two parts of the 
 Case Law is, however, not clearly marked or universally recognized. 
 So far as the practitioner is concerned, the question is largely 
 one of academic interest rather than of practical importance. 
 
 Whatever the origin or nature of the rules making up the whole 
 body of law, they become of practical importance to the lawyer 
 only when they have become transmuted into positive law by the 
 enactment of a lawmaking body or by the solemn adjudication of a 
 judicial tribunal. Hence, for practical purposes, the law for which 
 the lawyer is looking is a rule that has its immediate origin in leg- 
 islative enactment or in the decisions of the courts. 
 
 The laws that originate in legislative enactment we may desig- 
 
 = 1 Bl. Comm. 69. 
 
 ' Holland, Elements of Jurisprudence (1st Am. Ed.) p. 54. 
 
 7 
 
§ 4 WHERE TO FIND THE LAW (Part I 
 
 nate by the generic term "Statutory Law." The Case Law, >vhich 
 originates in the decisions of judicial tribunals, we may designate 
 as "Decisions." Taking this as our starting point we may dis- 
 regard all discussion or theory as to the ultimate source of law. 
 As we find it, the law is all included by the two divisions named. 
 
 § 4. Legislative Enactments 
 
 In its broadest sense legislation may be regarded as that source 
 of law which consists in the declaration and promulgation of legal 
 rules by a competent authority. Some writers have insisted that, 
 even when the judges establish a new principle by judicial decision, 
 they exercise a legislative power. Interesting as this may be from 
 a philosophical standpoint, for practical purposes judicial decisions 
 must be excluded from that class of rules known as "legislative en- 
 actments." On the other hand, we are not justified in limiting the 
 statutory law to those rules only which are promulgated by what 
 we commonly call "legislatures." Any positive enactment to which 
 the state gives the force of a law is a "statute," whether it has gone 
 through the usual stages of legislative proceedings, or has been 
 adopted in other modes of expressing the will of the people or other 
 sovereign power of the state. In an absolute monarchy, an edict of 
 the ruling sovereign is statutory law. Constitutions, being direct 
 legislation by the people, must be included in the statutory law, 
 and indeed they are examples of the highest form that the statute 
 law can assume. Generally speaking, treaties also are statutory 
 law, because in this country, under the provisions of the United 
 States Constitution, treaties have not the force of law until so de- 
 clared by the representatives of the people. 
 
 The enactments of state or national legislative bodies are of 
 course statutory law, and indeed, in its narrower sense, the term 
 "statutes" is used to indicate the legal product of legislation by the 
 representatives of the people. An ordinance passed by the common 
 council of a municipality is a species of legislation as much as an 
 act passed by the Legislature. It is in the nature of a local statute. 
 Even rules of court have, in several cases, been held to have the 
 force of statute law, and may therefore be fairly classed, with other 
 positive enactments, under the general head of "Statutes." 
 
 § 5. Judicial Decisions 
 
 The second great division of rules which we call laws are those 
 found in Decisions. A decision arises only in an Action — that is, 
 in a proceeding in a court of justice whereby one party seeks, as 
 against another, to secure the enforcement and protection of some 
 right and the redress and prevention of some wrong, or the pun- 
 ishment of a public offense. The determination of the court in 
 such a proceeding, as to the rights of the parties, is the Decision. 
 
 8 
 
Ch. I) SOUKCES AND KEPOSITOKIES OF THE LAW § 5 
 
 So that the essential elements which must be present, in order that 
 a rule of law shall result from a decision, are an action or proceed- 
 ing presenting a distinct controversy and a court to determine the 
 controversy. 
 
 The word "court" is used in law to describe the governmental 
 agency through which the laws are interpreted and applied and 
 justice administered. The word "judge" is sometimes used as syn- 
 onymous with "court"; but this use is erroneous. While the judge 
 is an essential part of the court, so that there can be no court with- 
 out a judge, the judge alone does not constitute a court. A deci- 
 sion by a judge alone does not create a rule of law ; but only a de- 
 cision by a judge or judges sitting as a court. 
 
 The systems of courts in the various states differ widely from 
 each other, though they have some general features in common. 
 There is usually a court of final appeal, to review the decisions and 
 correct the errors of the lower courts ; a court of general original 
 jurisdiction, where controversies are first heard and determined, 
 a court of inferior jurisdiction, to hear and determine minor crim- 
 inal cases and civil cases involving small amounts ; a court having 
 special jurisdiction of probate matters — that is, the settlement of 
 estates of deceased persons. There are, of course, numerous vari- 
 ations of this simple scheme. In some states there are intermedi- 
 ate courts of appeal, a decision by which is final in certain kinds 
 of cases. Sometimes the court of general jurisdiction is divided 
 into two branches, one having jurisdiction of cases at law and the 
 other of equity cases. In some instances, too, there may be a sep- 
 arate court to try criminal cases ; and in other instances there is 
 no separate tribunal for probate matters.' 
 
 In order that there may be a proper determination by the court 
 of the controversy or Action, the course of the hearing and deter- 
 mination is governed by certain rules of Procedure. As courts do 
 not take the initiative, and will not attempt to decide a contro- 
 versy unless applied to for that purpose, there must be some method 
 of applying to the court for the enforcement of rights and the 
 redress or prevention of wrongs, and the court must acquire juris- 
 diction over the party against whom relief is sought. The court 
 acquires jurisdiction over the complaining party by his resorting 
 to the court for his remedy; and jurisdiction is acquired over the 
 other party by a notice given to him to the effect that an action has 
 been begun against him. This notice may be called a "writ" or 
 "summons." 
 
 It is, of course, essential that the court should know the exact 
 question in controversy between the parties. This is ascertained 
 
 ■" In Chapter 7 ot the Appendix will be found a complete list of the courts having appel- 
 late jurisdiction in each state. 
 
 9 
 
§ 5 WHERE TO FIND THE LAW (Part I 
 
 by the Pleadings. The complaining party, or plaintiff, files a 
 statement of his cause of action— the declaration, petition, or com- 
 plaint. The other party, or defendant, may deny the facts, by an 
 answer or plea, or he may claim that, even if the facts are true, 
 they show no right to recover— by demurrer. If he takes the lat- 
 ter step, an issue of law is raised, which the court will proceed to 
 decide. If, however, he denies the facts, an issue of fact is raised, 
 which is ordinarily left to a jury to decide. The parties then pro- 
 ceed to a Trial of the issue so raised. Witnesses testify as to the 
 truth of the facts alleged, or the truth may be shown by documents, 
 and upon the Evidence thus produced the jury finds that the facts 
 alleged are, or are not, true. Thereupon the court renders a Judg- 
 ment determining the rights of the parties. In order, however 
 that the rights of the parties may not rest on an erroneous judg- 
 ment, provision is made for a review of the proceedings and judg- 
 ment in the court of appeal. The party against whom the judg- 
 ment of the lower court was rendered may by proper proceedings 
 carry the controversy into the higher court by Appeal, or in some 
 states by a Writ of Error. After a hearing and argument, the 
 court of appeal renders a Decision, thus giving us the final author- 
 itative declaration of the law, usually supported by the reasons for 
 the determination — the opinion — which is to be found in the Re- 
 ports. 
 
 It is in the reports of these decisions that we find the one true 
 authoritative expression of the rules of the common or customary 
 law. 
 
 § 6. Repositories of the Law 
 
 Considered with reference to its origin, the repositories of the 
 law are Statutes (using the term in the comprehensive sense, as 
 including Constitutions and all other positive enactments of law- 
 making bodies) and Decisions. Thus, the division of the reposito- 
 ries of the law follows the distinction between the two kinds of 
 law. Notwithstanding the fact that there are a large number of 
 other books, commonly called law books, Statutes and Decisions 
 are the only repositories of "the law," with the possible exception 
 of certain legal treatises that have arisen to the dignity of real au- 
 thority, in that the legal views of the author have something of the 
 nature of judicial utterance. 
 
 The law student is disposed to accept as law everything his in- 
 structors state to be the law, and to consider as conclusive the 
 statements made by text-book writers. "The instruction given 
 by a capable law teacher, the advice and suggestions of an intelli- 
 gent and experienced practitioner, the statements of a careful text- 
 writer, are of great value to the student. Their views may be in a 
 high degree clear and accurate, yet the student should bear in 
 
 10 
 
Ch. I) SOURCES AND EEPOSITOKIES OF THE LAW § 9 
 
 mind that neither law teachers nor practicing lawyers nor text- 
 writers are the authorized repositories of the law. It is in the law 
 library that these repositories are to be found."" The authentic 
 repositories thus referred to of the law include the Statutes and 
 Decisions. 
 
 § 7. Authority 
 
 For convenience of description, as well as on grounds of logic 
 and for the sake of clear thinking, law publications may be divided 
 into three main divisions or classes : 
 
 First, those books that are the authentic repositories of the law 
 itself — that is to say, the statutory law and the judicial decisions — 
 and which may be designated as "books of primary authority" ; 
 
 Second, those books that are published for the purpose of as- 
 certaining, explaining, and expounding the law, and which may be 
 termed "books of secondary authority" ; 
 
 Third, those books which are intended merely as subsidiary aids 
 in finding the law, and which may be described by the generic 
 term "Search Books." 
 
 § 8. Same — Primary Authority 
 
 It must be borne in mind that the term "books of primary au- 
 thority" is confined to those books that are repositories of the ac- 
 tual law — that is to say, of the statutory law and the decisions of 
 judicial tribunals. Hence the only publications that may properly 
 be regarded as books of primary authority are Constitutions, Trea- 
 ties, Statutes, Ordinances, Governmental Orders and Regulations, 
 Rules of Court, and the Reports of judicial decisions. 
 
 To these might perhaps be added a very few treatises and com- 
 mentaries, which have been so long approved by the courts and 
 have had so great an influence on the development of the law that 
 the opinions expressed by their authors regarding the law have 
 come to have almost the weight of a judicial utterance. But such 
 books are very few in number — the works of Littleton and Lord 
 Coke, the writings of Sir Matthew Hale, and perhaps one or two 
 other works of comparatively early date, and even these may more 
 safely and logically be classed as of only secondary authority, 
 though very strongly persuasive. 
 
 § 9. Same — Secoruiary Authority 
 
 Out of and around the class of publications referred to above 
 (i. e., those of primary authority) have grown up a multitude of 
 law books of secondary authority, designed in part to make the law 
 accessible and in part to expound it by inference, generalization, 
 and commentary. To this class belong the great majority, if not 
 all, of the treatises, commentaries, and text-books on legal subjects, 
 and encyclopaedias of law — publications which undertake to "re- 
 
 ' Woodruff, Introduction to the Study ot Law, p. 8. 
 
 11 
 
§ 9 WHEKE TO FIND THE LAW (Part I 
 
 fine the product" of the reports by generalization and deduction of 
 abstract principles. To this class also belong the law dictionaries 
 and digests. 
 
 The digests, is their various forms, serve chiefly the purpose of 
 directing the searcher for legal information to the exact places 
 where it is to be found in the reports and statutes. As in the case 
 of encyclopaedias, text-books, and the other books of secondary au- 
 thority, these books should not be depended upon as conclusive in 
 their statement of the law, for the reason that they are not author- 
 itative, but are designed simply as indexes to, and as abridgments 
 of, the reports. Like all books of secondary authority, their value 
 depends chiefly on their accuracy, exhaustiveness, and convenience 
 of arrangement. 
 
 The majority of text-books are, in effect, another form of digest, 
 but are one step further removed from the primary authority, in 
 that they not only attempt to deduce the specific rules underlying 
 the decisions, but also to recombine, in the form of general princi- 
 ples of law, the results thus obtained. A small proportion of the 
 texts indulge in argument and in discussions of legal principles, 
 which, though without authority in the proper sense, are often of 
 help and value. 
 
 § 10. Same — Kinds of Authority Distinguished 
 
 It may be well to call attention to the fact that the word "au- 
 thority" is used by lawyers in at least two senses, one abstract and 
 the other concrete. The word is used above in its concrete sense ; 
 that is, as referring to the book or other repository to which one 
 resorts to find propositions of law, and sometimes the word is used 
 in an even narrower sense to mean reported cases. In its abstract 
 sense, however, "authority" is substantially equivalent to "influ- 
 ence" or "power," and in this sense "authority" may be divided into 
 two grades, in that the force of a statement of law is either impera- 
 tive (that is to say, absolutely binding on the courts) or simply per- 
 suasive. The use of the terms "primary" and "secondary" authority 
 as applied in the concrete sense, must not be confused with the use 
 of the terms "imperative" and "persuasive" authority, used in the 
 abstract sense. That is to say, a book of primary authority may be 
 either imperative, or persuasive, according to the circumstances, 
 which will be explained in a later chapter, or it may be of no force 
 at all. Books of secondary authority are, in the nature of things, 
 usually merely of persuasive authority. This use of the terms 
 "primary and secondary authority" and "imperative and persuasive 
 authority" will be adverted to in a subsequent chapter.e The dis- 
 tinction, which is of most importance at this point, is that between 
 books of primary and books of secondary authority. 
 
 » See Chapter V, § 2. 
 
 12 
 
Ch. I) SOUECES AND KEPOSITOEIES OF THE LAW § 11 
 
 § 11. Same — Search Books 
 
 There are numerous other books that have been devised to aid 
 the lawyer in his search for authorities that cannot be said to fall 
 in either of the two general classes mentioned above. These are 
 books that may be classed under the generic term "Search Books." 
 They are books which in themselves contain no statements of the 
 law, but consist rather of lists or tables of cases and of statutes, 
 etc., and which are used simply to assist the investigator in his 
 search for the law. Most indexes, other than index-digests, may 
 also be considered as belonging to this class of books. Such books 
 will be described and their use explained in a subsequent chapter. 
 It may be well to add, however, that some of the most important 
 publications of recent years belong to this class of books. 
 
 13 
 
WHERE TO FIND THE LAW (Part I 
 
 CHAPTER II 
 
 BOOKS OF PRIMARY AUTHORITY— CONSTITUTIONS, TREATIES, 
 
 AND STATUTES 
 § 1. Introduction. 
 
 2. Constitutions — Federal. 
 S. Same — State Constitutions. 
 
 4. Same — History and Commentaries. 
 
 5. Treaties. 
 
 6. Statutes. 
 
 7. Same — Session Laws. 
 
 8. Same — Compilations, Revisions, and Codes. 
 
 (a) Compiled Statutes. 
 (I)) Revised Statutes. 
 (c) Codes. 
 
 9. Same — Federal Statutes. 
 
 (a) Statutes at Large. 
 
 (b) Revised Statutes of the United States. 
 
 (c) Compiled Statutes of the United States of 1901. 
 
 (d) Federal Statutes Annotated. 
 
 (e) Codification of the Federal Laws. 
 
 (f) Judicial Code. 
 
 10. Same — Ordinances and Government Orders and Regulations. 
 
 11. Same — Rules of Court. 
 
 (a) Treatises on Federal Practice. 
 
 (b) Rules of the State Courts. 
 
 § 1. Introduction 
 
 We have seen in the previous chapter that from the viewpoint 
 of the practitioner "the law" consists of (1) the statutory law, and 
 (2) judicial decisions; that in the term "statutory law" is to be in- 
 cluded, not only statutes proper — that is, the enactments of the 
 state or federal Legislatures — but also all positive enactments of 
 the people, whether by direct or indirect legislation. As said in 
 Stevens v. Griffith, 111 U. S. 48, 4 Sup. Ct. 283, 28 L. Ed. 348, 
 any enactment to which the state gives the force of law, whether 
 it has gone through the usual stages of legislative proceedings, or 
 has been adopted in other modes of expressing the will of the sov- 
 ereign power, is a statute of the state. By reason of this we are 
 justified in including in the term Statutes, not only statutes proper 
 and Constitutions, but also treaties, ordinances, governmental or- 
 ders and regulations, and rules of court. It was also pointed out 
 that law books may be divided into books of primary authority and 
 books of secondary authority, and emphasis was laid on the fact 
 that books of primary authority include only those that are the 
 repositories of "the law" — that is, repositories of the statutory law 
 and reports of decisions. We are now to take up a general de- 
 scription of the first of these classes of law books, namely, books of 
 primary authority, and this chapter will be confined to the reposi- 
 tories of the Statutory Law. 
 
 14 
 
Ch. 11) CONSTITDTIONS, TEEATIES, AND STATUTES § 4 
 
 § 2. Constitutions — Federal 
 
 Copies of the Constitution of the United States, the funda- 
 mental law of the land, are easily obtained. Besides being pub- 
 lished and distributed by the government, the federal Constitu- 
 tion is generally printed by the different states in connection with 
 the compilations and revisions of their own constitutions and laws 
 that appear every few years. Accurate copies of the Constitution of 
 the United States, together with the amendments, may be found in 
 all of the text-books and most of the books of selected cases on 
 American Constitutional Law. The Compiled Statutes of the 
 United States of 1901 contains the federal Constitution, each sec- 
 tion and paragraph being annotated by reference to all decisions 
 construing the same from the beginning to 1901. The Declaration 
 of Independence, the Articles of Confederation, and the Ordinance 
 of 1787 are also given in that publication. A well-annotated copy 
 of the Constitution of the United States will also be found in "Fed- 
 eral Statutes Annotated," together with a historical sketch of the 
 formation and growth of the Constitution. 
 
 § 3. Same — State Constitutions 
 
 Fully annotated copies of state Constitutions are usually, though 
 not always,^ found in the latest collections of the statutes of 
 the different states. The acts of Congress authorizing state gov- 
 ernment are also generally given in these compilations. In most 
 states, copies of the Constitution may be obtained from the Sec- 
 retary of State. 
 
 A standard compilation indispensable to any one who needs to 
 examine the organic laws of the various states is the work of Ben : 
 Perley Poore, entitled "Federal and State Constitutions." In this 
 two-volume work, under each state the first organic law is given, 
 whether the same be a royal charter, or treaty with a foreign 
 power, or act of Congress establishing a territorial government, 
 and then follow in order the Constitution or Constitutions of the 
 state, and the amendments, if any. 
 
 § 4. Same — History and Commentaries 
 
 The leading text-books bearing on the subject of the federal 
 Constitution are Story on the Constitution of the United States, 
 in two volumes; Tucker on the Constitution of the United States, 
 in two volumes; the one-volume works of Pomeroy, Black, and 
 Cooley on Constitutional Law. American Constitutional History 
 is treated in the well-known masterpiece of Dr. H. von Hoist, in 
 eight volumes, and in Thorpe's Constitutional History of the Unit- 
 ed States, in three volumes. A leading work treating of the making 
 
 1 The editor's attention lias been called to one exception to this rule, but 
 no other has been found. 
 
 1.5 
 
§ 5 WHERE TO FIND THE LAW (Part I 
 
 of Constitutions is Jameson on Constitutional Conventions, while 
 Judge Cooley's celebrated book entitled "Constitutional Limita- 
 tions" treats of the effect of Constitutions after they have been 
 adopted. The student of American constitutional history will also 
 find Prof. John Fiske's "Critical Period" of primary interest. 
 
 § S. Treaties 
 
 The subject of treaties is, generally speaking, not very impor- 
 tant in practice. Now and then, however, occurs a case which 
 turns upon the provisions of some particular treaty, and the unin- 
 formed lawyer is likely to have difficulty in finding the information 
 he desires. 
 
 All treaties made by the United States government may be 
 found in the United States Statutes at Large, under the particular 
 year and Congress when they were concluded. It is most incon- 
 venient, however, to search through the numerous volumes and un- 
 der the many alphabets of the Statutes at Large, and the student 
 will do well to remember specifically the various compilations of 
 treaties which have been prepared at different times, as follows: 
 
 All treaties made from 1776 to 1871 are printed in the Senate 
 Executive Documents, 41st Congress, 3d Session, Doc. 36, Serial 
 No. 1,441. 
 
 A complete collection of the treaties between the United States 
 and foreign countries was published by the government in 1889 un- 
 der the title "Treaties and Conventions Concluded Between the 
 United States of America and Other Powers Since July 4th, 1776." 
 
 Another compilation of treaties between the United States and 
 foreign powers was prepared under the resolution of the United 
 States Senate of February 11, 1904. It contains the treaties and 
 conventions, important international acts, agreements and proto- 
 cols (except claim protocols), to which the United States is a party, 
 in force on April 28, 1904. 
 
 The latest collection of Foreign Treaties was prepared and pub- 
 lished by the government pursuant to a resolution of the United 
 States Senate (Jan. 18, 1909, Resolution No. 262 of the 60th Con- 
 gress, Second Session). It is by far the most complete and satisfac- 
 tory collection thus far published. Its title is "The Treaties, Con- 
 ventions, International Acts, Protocols and Agreements between 
 the United States of America and Other Powers." Dated, 1910. 
 
 The government has published under the title "Indian Affairs, 
 Laws and Treaties, Compiled to December 1st, 1902," a valuable 
 two-volume work, which contains an accurate compilation of all 
 treaties, executive orders, and other matters relating to Indian af- 
 fairs from the organization of the government to the date of pub- 
 lication. This work contains everything necessary to a proper un- 
 derstanding of Indian Legislation. 
 
 16 
 
Ch. II) CONSTITUTIONS, TREATIES, AND STATUTES § 6 
 
 In addition to the publications of the treaties themselves by the 
 government, the proper place to look for information as to the na- 
 ture and grounds of the obligation, the power to make treaties, 
 their duration, termination, construction, violation, etc., is in the 
 standard text-books on international law and in* the cases decided 
 by the federal courts. The two-volume work of Mr. Charles Hen- 
 ry Butler, entitled "The Treaty-Making Power of the United 
 States," should also be mentioned in this connection as a publica- 
 tion of value. 
 
 § 6. Statutes 
 
 Within this term as here used are included only statutes proper 
 — that is to say, the enactments of Congress and the various state 
 Legislatures, although in a broader sense the term may also be re- 
 garded as including municipal ordinances, governmental orders 
 and regulations, and even rules of cotfrt. The repositories of the 
 statute law include the publications commonly designated as Ses- 
 sion Laws, Compiled and Revised Statutes, and Codes. 
 
 As the statutory law of a state increases from year to year, it be- 
 comes difficult for legislative bodies and for the public in general 
 to ascertain what laws have been enacted. The ignorance of mem- 
 bers of Congress and of state Legislatures of pre-existing statutory 
 law is much greater than is generally supposed, and often leads to 
 serious blunders in making new laws. Laws that have been en- 
 acted by Congress and by the Legislatures of nearly every state in 
 ignorance of already existing laws relating to the same matter bear 
 evidence to the truth of this statement. As the accumulation of 
 statutory law increases, the danger of blundering necessarily in- 
 creases in proportion. After laws have been passed by legislative 
 bodies, the work of interpreting and applying these enactments 
 falls on the lawyer and on the court, and it is therefore a very im- 
 portant matter for the legal profession to be able to ascertain what 
 statutory laws have been enacted, what amendments have been 
 made, and what laws have been repealed. Uncertainty on these 
 points is and can best be guarded against by compilation, revision, 
 and codification. 
 
 Every law student and lawyer should be familiar with the lat- 
 est code, compilation, or revision of the statutes of his own state 
 and of the United States, and should be acquainted also with all 
 the older compilations containing such statute law ever in force at 
 any time within the jurisdiction in which he practices. These old- 
 er statute books are important, for it is often necessary to refer 
 to them to correct mistakes or omissions in more recent works, or 
 to construe the later statutes in the light of older ones which have 
 been repealed. 
 
 Brief Mak.(3d Ed.)— 2 17 
 
§ 7 WHEEE TO FIND THE LAW (Part I 
 
 § 7. Same — Session Laws 
 
 The laws enacted by the several legislative bodies are usually 
 termed acts or statutes, and at the close of the session they are 
 published, in permanent volumes, and designated as session laws 
 of the year in which the session of the Legislature took place, as, 
 "Session Laws of 1905." In these publications each of the several 
 acts is usually designated as a chapter. The act of April 10, 1905, 
 for example, would then be referred to as "chapter of the Ses- 
 sion Laws of 1905." In some states these compilations of the ses- 
 sion laws are designated as "Acts of Assembly," in others as "Blue 
 Books," and in some instances as "Sheet Acts." 
 
 § 8. Same — Compilations, Revisions, and Codes 
 
 The title given to the general compilations of the statutory law 
 varies more or less among the states. These compilations are des- 
 ignated as Compiled Statutes, General Statutes, Public Statutes, 
 Revised Statutes, Public Laws, Codes, etc. These terms have all 
 been used so loosely that the real distinction between them has 
 been lost sight of by most publishers, as well as by members of the 
 profession. There may, however, be distinguished three more or 
 less well-marked classes of general collections of the statutory law, 
 namely. Compiled Statutes, Revised Statutes, and Codes. 
 
 (a) Compiled Statutes 
 
 The compilation of the statutes of a state is the bringing together 
 and arranging in a methodical order of all the existing statutory 
 law. A compilation in the proper sense does not include any revi- 
 sion or restatement of the law, or any re-enactment of the law in 
 its compiled form. 
 
 (b) Revised Statutes 
 
 In a revision of the statutes, on the other hand, the statutory 
 law is revised, collected, and arranged in order, and then re-enacted 
 as a whole by the Legislature. As said in Cortesy v. Territory, 
 7 N. M. 89, 32 Pac. 504, a revision of the statutes implies a re-ex- 
 amination of them, and a restatement of the law in a corrected or 
 improved form, though there may be no material change. A revi- 
 sion may, of course, even include new provisions. By the re-enact- 
 ment of Revised Statutes the new form supersedes the old. With a 
 compilation, on the other hand, the original statutes are the au- 
 thoritative source, to be examined if any discrepancies exist be- 
 tween the two versions. 
 
 (c) Codes 
 
 A code is a complete system of positive law, scientifically ar- 
 ranged, and promulgated by legislative authority. A code is not 
 only a collection of the existing statutory law, but also of much of 
 
 18 
 
Ch. II) CONSTITUTIONS, TREATIES, AND STATUTES § 8 
 
 the unwritten law on any subject, and is composed partly of such 
 materials as might be at hand from all sources — from statutes, cas- 
 es, and from customs — supplemented by such amendments, altera- 
 tions, and additions as are deemed by the codifiers necessary to 
 harmonize and perfect the existing system. In fact, in making a 
 code, new laws may be added and old laws repealed in order to 
 constitute a complete system. 
 
 There are few terms in our system of jurisprudence that are ap- 
 plied to so many different things as the word "code." State Leg- 
 islatures here and there have given the name indifferently to com- 
 pilations of existing statutes, to consolidations of statute law into 
 a more or less systematic form, and to revisions of the whole law, 
 both written and unwritten, and the reduction of its principles to 
 a clear, compact, and scientific enactment. The last is, speaking 
 exactly, codification, properly so called." A genuine code is a sys- 
 tematic and complete body of the substantive and adjective law of 
 a state or country, comprising a restatement of the principles of the 
 existing law, as found in statutes, enunciations of the courts, and 
 abiding in the applicable common law (or civil law, when that pre- 
 vails), and intended to suspend and supersede all other laws with- 
 in its scope.' We are in the habit of referring to many states as 
 "code states," though as a matter of fact very few have complete 
 codes. Among the few that have genuine codes may be mentioned 
 California, Colorado, Idaho, Iowa, Montana, North Dakota, South 
 Carolina, and South Dakota. A number of states have a part of 
 the law codified — as, for example, those that have Codes of Civil 
 Procedure or Penal Codes, and are therefore usually called "code 
 states." To this class belong New York, Minnesota, Oklahoma, 
 Texas, etc. 
 
 The distinctions between complete and partial codes, and be- 
 tween codes and revisions, is of little practical importance. It is 
 the distinction between compilations, on the one hand, and codes 
 and revisions on the other, that is fundamental ; the essential point 
 being that a compilation does not involve re-enactment by the Leg- 
 islature of the statutes which it includes, the original acts of the 
 Legislature being the ultimate authority as to the form of the 
 statute. The reverse is true of a revision or code. Therefore, co- 
 dification or revision of the statutes can be undertaken only by leg- 
 islative authority, and the collected statutes take effect only on 
 enactment of such collection ; whereas a compilation may be un- 
 dertaken without any legislative or other sanction, and must in- 
 variably depend for its value upon the accuracy and completeness 
 with which it collects and sets forth the existing statutory law of 
 the jurisdiction, and upon such special features as annotations, in- 
 dexes, etc. 
 
 '' Hepburn, Development o£ Code Pleading, o. 1. 
 2 Kerr, A Word About Codes, 42 Am. Law Rev. 910. 
 
 19 
 
§ 9 ■WHERE TO FIND THE LAW (Part I 
 
 § 9. Same — Federal Statutes 
 
 The enactments of Congress form the statutes of the United 
 States. At the end of each session of Congress the government 
 publishes in pamphlet form all bills that have been passed, arrang- 
 ed chronologically, together with treaties, concurrent resolutions, 
 and proclamations of the President. These pamphlets are entitled 
 "Statutes of the United States," and are commonly referred to as 
 the "Pamphlet Laws." They are distributed by members of Con- 
 gress to their constituents without charge. 
 
 (a) Statutes at Large 
 
 At the close of each Congress all the laws that have been passed 
 during the entire term, the treaties, resolutions, and proclamations, 
 are compiled from the Pamphlet Laws, and are republished in book 
 form by the government, and are sold by the Superintendent of 
 Public Documents. These books are known as the United States 
 Statutes at Large, and contain the laws, treaties, resolutions, etc., 
 of the several sessions — both regular and extra sessions — of each 
 Congress. In recent years the Statutes at Large have been pub- 
 lished in two volumes — one containing the general laws, and the 
 other the laws of a private nature, treaties, executive proclama- 
 tions, and joint resolutions. 
 
 (b) Revised Statutes of the United States 
 
 In 1874 it was enacted by Congress that the United States stat- 
 utes, general and permanent in their nature, in force on the 1st day 
 of December, 1873, should be compiled and published in one vol- 
 ume. This work was accomplished, and the book published in 1875 
 was entitled the "Revised Statutes of the. United States." A few 
 years later a second edition, known as the "Revised Statutes of 
 1878," was published. 
 
 From 1874 the matter contained in subsequent volumes of the 
 Statutes at Large was collected and published in a series of supple- 
 ments, which are practically a condensation of the Statutes at 
 Large. As these supplements and the volumes of the Statutes at 
 Large accumulated, the search to ascertain the law in force became 
 laborious and uncertain, not only from the increasing number of 
 volumes to be examined, but because many of the provisions in 
 them had been repealed or superseded or amended by later provi- 
 sions. 
 
 (c) Compiled Statutes of the United States of 1901 
 
 In 1901 the confusion and disorder was remedied, by the publi- 
 cation by private enterprise of a new three-volume compilation 
 known as the Compiled Statutes of the United States of 1901, cov- 
 ering all the United States laws of a general nature from 1789 to 
 the close of the Fifty-Sixth Congress, March 4, 1901. In prepar- 
 
 20 
 
Ch. IT) CONSTITUTIONS, TKEATIBS, AND STATUTES § 9 
 
 ing this compilation the editors found many proofs that the former 
 complexity of bills passed was too much for Congress itself to un- 
 ravel. They discovered that amendments had been made to laws 
 that had been previously repealed; that amendments had been 
 made that overlooked previous amendments; that new laws had 
 been passed that re-enacted existing but forgotten laws, etc. 
 
 In this new compilation the laws are arranged by subject-mat- 
 ter, and it is only necessary to look in one place for the law on a 
 given point. The arrangement and section numbering of the Re- 
 vised Statutes of 1878 have been preserved, so that citations to 
 that publication can readily be used. There is appended to each 
 section a note showing the history of the section, the course of 
 legislation on the subject subsequent to the Revised Statutes of 
 1878, with cross-references to similar or conflicting provisions in 
 other places in the compilation. 
 
 Cumulative Supplements to the Compiled Statutes of the United 
 States are published every two years. The latest Supplement pub- 
 lished embraces the statutes of the United States of a general and 
 permanent nature enacted since March 4, 1901, and in force March 
 5, 1911. 
 
 A new compilation of this set is now in course of preparation; 
 the plan being that of the original Compiled Statutes of 1901. It 
 will contain all the statutes in that set and in the cumulative sup- 
 plement (excepting such provisions as have been repealed) and 
 the subsequent acts of Congress down to and including the extra 
 session of 1913. 
 
 (d) Federal Statutes Annotated 
 
 There is another compilation of the federal statutes, entitled the 
 "Federal Statutes Annotated," published in ten volumes. In this 
 compilation, the original arrangement of the Revised Statutes has 
 not been followed ; but the various acts have been arranged alpha- 
 betically according to their subject-matter. An index to the section 
 numbers enables the investigator to locate a particular section in 
 its proper volume and page. The important feature of the com- 
 pilation is its thorough annotations attached to the various sections- 
 There are a number of supplements, the first bringing the com- 
 pilation down to March 4, 1907. In 1909, another supplement was 
 brought out, which cumulated the matter found in that of 1907. A 
 further supplement has recently been published, which, while cumu- 
 lative as to the annotations in the preceding supplements, does not 
 cumulate the statute matter in such supplements ; only new stat- 
 utes from the close of the 1909 supplement to January 1, 1912, being 
 included. The classification of the matter in this supplement cor- 
 responds to that of the original publication. 
 
 21 
 
§ 9 WHERE TO FIND THE LAW (Part T 
 
 (e) Codification of the Federal Laws 
 
 By the act of June 4, 1897, a commission was created to revise 
 and codify the criminal and penal laws of the United States. By 
 the act of March 3, 1899, the duties of the commission were ex- 
 tended to include the revision and codification of the laws con- 
 cerning the jurisdiction and procedure of the courts of the United 
 States, including the judiciary act. Again, by the act of March 
 3, 1901, the duties of the commission were further extended by 
 directing it to revise arid codify all laws of the United States of a 
 permanent and general nature. 
 
 This commission completed its labors on the Criminal and Penal 
 Laws, and the new Criminal Code was enacted by Congress on 
 March 4, 1909. It appears in Volume 35 of the Statutes at Large 
 and is also to be found in the 1909 Cumulative Supplement to 
 the Compiled Statutes. It is strictly a penal code. Congress not 
 having enacted those sections which had to do with procedure, but 
 left them to form a separate Code of Criminal Procedure. 
 
 (f) Judicial Code 
 
 Later on, the commission completed the new Judicial Code, 
 which was submitted to Congress in the spring of 1911. Those 
 chapters which have reference to procedure were not considered at 
 that time, but the chapters dealing with the organization and juris- 
 diction of the courts were passed, and took effect January 1, 1912. 
 The Judicial Code is published in Volume 36, Statutes at Large, 
 and in the 1911 Supplement of the Compiled Statutes. By it the 
 United States Circuit Courts are abolished and their jurisdiction 
 transferred to the District Courts. 
 
 In 1909, the Revisory Commission completed its work of codifi- 
 cation of the United States Statutory Law down to that time, its 
 report occupying one large volume. Judging from the Criminal 
 and Judicial Codes, it seems likely that Congress will consider the 
 Code piecemeal rather than adopt it as a whole. 
 
 § 10. Same — Ordinances and Government Orders and Regula- 
 tions 
 
 Municipal ordinances, being in the nature of local statutes, are 
 publications of primary authority. So, also, are the written ex- 
 ecutive and administrative orders and regulations drawn up and 
 issued by the government, e. g., the army and navy regulations. 
 These orders and regulations may not be law in the strictest sense, 
 but they have the force of law, and when recognized by statute 
 they become a part of the statutory law. 
 
 22 
 
Ch. II) CONSTITUTIONS, TREATIES, AND STATUTES § 11 
 
 § 11. Same — Rules of Court 
 
 Rules of court practice also come under the general head of 
 primary authority. The rules of practice made by the United 
 States courts are really a part of the statutory law of federal pro- 
 cedure, and therefore are of great importance. The treatises on 
 Federal Practice and Procedure serve best to introduce the stu- 
 dent to them, and most of these books attempt to set out the dif- 
 ferent rules to some extent; but it is impossible at the present 
 time to obtain a complete set of the rules of the various United 
 States courts. The rules of the several United States District 
 Courts differ from each other, as do the rules of the various United 
 States Circuit Courts of Appeals. It is true that the abolition of 
 the Circuit Courts has done something to simplify the federal pro- 
 cedure by putting an end to the confusion that existed as to the 
 District and Circuit Courts, but it has not obviated the differences 
 between the rules of the different District Courts and the various 
 Circuit Courts of Appeals. Even lawyers who devote their entire 
 time to practice before the federal courts are often unable to give 
 specific information as to the federal court rules, and most of them 
 do not pretend to any compendious knowledge of what these rules 
 really are. The usual practice is to "ask the clerk." 
 
 The jurisdiction of the United States courts, the method of pro- 
 cedure therein, their peculiar rules of decision, the removal of 
 causes from state courts to federal courts — these and like matters 
 form a very important part of federal law to the practitioner, and 
 for many reasons should be familiar to even those lawyers who 
 confine their practice to the courts of their own state.* 
 
 (a) Treatises on Federal Practice 
 
 The best elementary book on jurisdiction of and procedure in 
 the federal courts is Mr. R. M. Hughes' "Handbook of Jurisdiction 
 and Procedure in United States Courts." A recent treatise on the 
 subject is Foster's Federal Practice, in three volumes, now in its 
 fourth edition. This is a very scholarly and comprehensive work, 
 covering all phases of the subject. Another recent work of great 
 value is Street's Federal Equity Practice, in three volumes. 
 
 On the important subject of Removal of Causes the standard 
 work of Judge Dillon became practically obsolete some years ago, 
 owing to the radical changes in the law caused by the legislation 
 of Congress, and the great accumulation of new cases under the 
 act of 1887. This book was placed in the hands of Mr. Henry 
 Campbell Black to be rewritten, and the work was completed and 
 published in 1898 under the title of "Black's Dillon on Removal of 
 Causes." Later a treatise was published by Mr. B. C. Moon. All 
 existing text-books on Federal Procedure have, of course, been 
 rendered at least partially useless by the passage of the Judicial 
 
 * Reed, American Law Studies, § 923. 
 
 23 
 
§ 11 WHERE TO FIND THE LAW (Part I 
 
 Code, but it is doubtful whether any new editions can be expected 
 until the proposed Federal Codes of Civil and Criminal Procedure 
 have been acted upon by Congress. These Codes, as prepared by 
 the Commission for Revision of the Federal Statutes, will go far 
 to simplify the Federal Procedure, and it is probable that all text- 
 writers will await their passage before revising their books. 
 
 (b) Rules of the State Courts 
 
 Every lawyer should be provided with copies of the rules of 
 the Supreme Court and of the trial and intermediate courts in 
 force in his own state. In many states these rules can be obtained 
 in pamphlet form, and in many instances can also be found in 
 books on local state practice. Text-books treating of the law of a 
 particular state are generally on some subject of practice, which is 
 nearly everywhere the creature of the local law, and for that rea- 
 son these books are sometimes of great importance to the local 
 practitioner. 
 
 24 
 
Ch. ni) BEPOBTS OF JUDICIAL DECISIONS— AMEBIOAN § 11 
 
 CHAPTER III 
 
 BOOKS OF PRIMARY AUTHORITY— REPORTS OF JUDICIAL DECI- 
 SIONS—AMERICAN REPORTS 
 § 1. In General. 
 
 2. Reporting Judicial Decisions. 
 
 3. Federal Reports. 
 
 (a) United States Supreme Court Reports. 
 
 (b) Same — Nonofficial Editions. 
 
 (c) Same — Lawyers' Edition. 
 
 (d) Same — Supreme Court Reporter. 
 
 (e) United States Circuit and District Court Reports. 
 
 (f) Same — Federal Cases. 
 
 (g) Same — Federal Reporter. 
 
 (h) United States Circuit Courts of Appeals Reports, 
 (i) Miscellaneous Reports. 
 
 4. State Reports — Official Series. 
 
 (a) Incompleteness of State Reports. 
 
 (b) Meaning of the Term "Official" as Applied to Law Reports. 
 
 5. Nonofficial Reports. 
 
 6. Same — The National Reporter System. 
 
 (a) Reporters Included in the System. 
 
 (b) General Description. 
 
 (c) Scope of Reporters. 
 
 (d) Promptness of Reporting. 
 
 (e) Harmonizing Decisions. 
 
 (f) Method of Annotation. 
 
 (g) The Key-Number. 
 
 (h) Index-Digests and Search Books. 
 
 7. Same — Selected Cases. 
 
 (a) The Lawyers' Reports Annotated. 
 
 (b) The Trinity Series. 
 
 (1) American Decisions. 
 
 (2) American Reports. 
 
 (3) American State Reports. 
 
 (c) American and English Annotated Cases. 
 
 (d) American Annotated Cases. 
 
 (e) Method of Annotation. 
 
 (1) Lawyers' Reports Annotated. 
 (2) American Decisions. 
 
 American Reports, 
 
 American State Reports, and 
 
 American Annotated Cases. 
 
 (f) Character and Authority of Annotations in General. 
 
 (g) Digests. 
 
 (h) Search Books. 
 
 (i) Authority of Selected Case Series. 
 
 8. Same — Special Reports. 
 
 9. Same — Miscellaneous Nonofficial Reports. 
 
 10. Quasi-Legal Reports. 
 
 11. Citation of Reports. 
 
 12. Knowledge of the Reports. 
 
 § 1. In General 
 
 The second great body of rules which go to make up "the law" 
 consists of those rules which have their origin in judicial decisions 
 — the Case Law of the country. When a case has been decided 
 
 25 
 
§ 1 WHERE TO FIND THE LAW (Parti 
 
 Upon its merits by a tribunal of last resort, the decision not only 
 determines the rights of the parties to the action, but it also set- 
 tles the principles involved, as permanent rules of law applicable 
 in all future cases in the same jurisdiction embracing similar facts 
 and involving the same or analogous principles, unless it has been 
 overruled by a later decision, or unless, as Blackstone says, it is 
 "flatly absurd and unjust." 
 
 A case decided is called a "precedent," and becomes at once 
 public law, which, under many circumstances, binds a court to 
 make the same decision in any future case similar to it. The rules 
 of law which have been declared by the courts of England and 
 America have become well known and generally acted upon. Law- 
 yers can advise their clients with comparative safety, and the un- 
 written law, which otherwise would be vague, shifting, and change- 
 able, becomes, by adherence to the maxim of stare decisis, cer- 
 tain and stable — the measure of private right and the landmark of 
 property. 
 
 To insure this certainty and stability of the law, and to make 
 it possible for the advocate and the judge to know the law, we 
 must have reports of the decisions of the courts. Therefore the 
 practice prevails in this country of having written opinions filed by 
 the court, thus insuring accurate publication of the very words of 
 the judges. The decision of a judge, constituting an authentic 
 exposition and interpretation of the law, which is binding on every 
 citizen, becomes part of the court record, and, as an enunciation of 
 the law, is a public record and therefore public property, and free 
 for publication by all. 
 
 The publication of written decisions tends to exactness and 
 presupposes thorough consideration. It is the surest method of de- 
 tecting a fallacy and uncovering an error, which might pass mus- 
 ter if the case is decided orally or is not made public. Publicity 
 in the reason of the action of the court, as well as in its results, 
 tends to exactness in fact and soundness in judgment. The pub- 
 lished reasons and conclusions of a court of final resort are a re- 
 straint upon judicial tyranny, as well as judicial corruption. 
 
 We come, therefore, to the second division of our books of pri- 
 mary authority — the Reports of Judicial Decisions. 
 
 We are not concerned here with the weight to be assigned to 
 decided cases as precedents (a question to which full consideration 
 is given in the third part of this volume), but to the character and 
 features of reports in general and of the more important publica- 
 tions in particular. 
 
 26 
 
Ch. Ill) REPOETS OF JUDICIAL DECISIONS — AMERICAN § 3 
 
 § 2. Reporting Judicial Decisions 
 
 In the United States the reporting of judicial decisions has been 
 carried on in various ways. It is common in most states to have 
 a court reporter, appointed for the purpose by the court, and 
 paid out of the public treasury. In some states the office is an elec- 
 tive one, and in one state the Supreme Court reporter is appointed 
 by the public printer. In each state the decisions of the courts are 
 published in separate series, and these sets of books, which are 
 usually subsidized by the government, directly or indirectly, are 
 called "official," to distinguish them from the reports of the same 
 cases published by private enterprise. These official ^ reports of 
 the different states vary greatly as to the style, form, accuracy, 
 and completeness, according to the experience and ability of the 
 particular reporter, and the plan or system under which the cases 
 are published. 
 
 In America, as in England, there have been numerous non- 
 official and nonsubsidized law reporting enterprises. In this coun- 
 try, where the decisions of every state are a matter of serious con- 
 cern in every other, and the common law in every state is derived 
 from the same source and is based on the same principles, the de- 
 mand of the bar at large has been for years for a common plan 
 of systematic law reporting, and a uniform system of headnotes 
 and digests, that would enable the lawyers of the whole country 
 to become familiar with the decisions of every part of it. Thus 
 the success of the nonofficial law reporting enterprises in this coun- 
 try is due to the intrinsic merit of their work, and to the demand 
 for a systematic and uniform plan of reporting at a low cost to 
 the profession. 
 
 § 3. Federal Reports 
 
 The Constitution of the United States provides that "the ju- 
 dicial power shall be vested in one Supreme Court, and such in- 
 ferior courts as Congress may from time to time ordain and es- 
 tablish." 
 
 In 1789, immediately after the adoption of the Federal Consti- 
 tution, the United States Circuit Courts and District Courts were 
 established by Congress. The whole country was divided into 
 districts, and the several districts grouped so as to form circuits. 
 The number of districts was increased from time to time until in 
 1911 there existed 79 districts, forming 9 circuits. 
 
 Meantime, in 1891, the business of the United States Supreme 
 Court had increased to such enormous proportions that the court 
 could no longer dispose of it, being already several years behind 
 
 1 See section 4 (b) below. 
 
 27 
 
§ 3 -WHERE TO FIND THE LAW (Part I 
 
 its docket. Accordingly in that year Congress passed an act estab- 
 lishing in each circuit a Circuit Court of Appeals, the purpose of 
 which was to relieve the pressure on the Supreme Court. 
 
 The cases coming before these Circuit Courts of Appeals are 
 mostly cases that would otherwise have come to the Supreme 
 Court. Most of the decisions are final, but in some cases a further 
 appeal lies to the Supreme Court. 
 
 As stated in Chapter II, § 9 (f), the Circuit Courts were abol- 
 ished by the Judicial Code, and on January 1, 1912, they ceased 
 to exist; their jurisdiction being transferred to the District Courts. 
 
 Accordingly we now have in our national judiciary system, first, 
 the Supreme Court of the United States, established by the Con- 
 stitution, and not subject to the control of Congress; and, second, 
 the following tribunals established by Congress, and over which 
 Congress has complete control — the United States Circuit Courts 
 of Appeals, the United States District Courts, the Court of Claims, 
 the territorial courts, and the courts of the District of Columbia. 
 
 In addition to these there are certain other courts established 
 by Congress under the provisions of certain treaties, known as 
 Consular Courts. Such courts exist in China, Japan, Siam, Egypt, 
 Madagascar, Turkey, Persia, Tripoli, Tunis, Morocco, Muscat, Sa- 
 moa, and Korea. [See U. S. Comp. St. 1901, § 4083.] By Act 
 June 30, 1906, c. 3934, 34 Stat. 814 (U. S. Comp. St. Supp. 1907, p. 
 797), a United States Court for China was established. An appeal 
 lies from the Consular Courts of China and Korea to this court. 
 
 (a) United States Supreme Court Reports 
 
 The reports of the decisions of the United States Supreme Court 
 go back to the year 1790. From that date to 1874 there were 90 
 volumes published, and it is the custom to cite these volumes by 
 the name of the particular court reporter under whose direction 
 the books were issued. During that period of eighty-four years 
 there were seven persons who acted in the capacity of United States 
 Supreme Court reporter, and the names of these reporters have 
 become very familiar to the American lawyer. The dates and num- 
 bers of volumes published under their direction are as follows : 
 
 Date. Vols. 
 
 Dallas' Reports 1790-1800 4 
 
 Cranch's Reports 1801-1815 9 
 
 Wheaton's Reports 1816-1827 12 
 
 Peters' Reports 1828-1842 16 
 
 Howard's Reports 1843-1860 24 
 
 Black's Reports 1S61-1S62 2 
 
 Wallace's Reports 1863-1874 23 
 
 Citations to these reports are so numerous that the reader will 
 do well to memorize the names of the above court reporters in 
 their chronological order. 
 
 28 
 
Ch. m) KEPOETS or JUDICIAL DECISIONS — AMERICAN § 3 
 
 The reports of Wallace are the last to be officially cited by the 
 name of the court reporter. Beginning in 1875, with the term of 
 the next reporter, whose name was Otto, the volumes of the United 
 States Reports are designated and cited by number, beginning with 
 volume 91, and continuing 92, 93, 94, etc., to the last volume issued 
 to date. The official reports are now published first in advance 
 parts, and later in bound volumes. 
 
 (b) Same — Nonofficial Editions 
 
 There are several other editions of the United States Supreme 
 Court Reports. One of these, known as "Curtis' United States 
 Supreme Court Decisions," covers the cases reported in 1 Dallas 
 to 17 Howard in 22 books. This series is continued by "Miller's 
 United States Supreme Court Decisions," covering 18 Howard to 
 2 Black, in 4 books. 
 
 (c) Same — Lawyers' Edition 
 
 The Lawyers' Edition of the United States Reports is pub- 
 lished in "books," several volumes in a book. The series (which 
 is annotated) begins with 1 Dallas, and continues to date, with 
 advance sheets giving prompt reports of the current decisions. 
 
 (d) Same — Supreme Court Reporter 
 
 The United States Supreme Court Reporter is a part of the 
 National Reporter System, a description of which will be given 
 later. It begins with volume 106 of the United States Reports, 
 and continues to date; one volume being published each year. In 
 this series the decisions are first published in the form of advance 
 sheets, during the term of court (from October to May) ; then 
 the bound volume is published, containing in full the reports of all 
 the cases decided during the year. 
 
 (e) United States Circuit and District Court Reports 
 
 Until 1880, the date when the Federal Reporter was established, 
 the decisions of the United States Circuit and District Courts were 
 not published in any systematic manner. If a decision was excep- 
 tionally noteworthy, it would probably in some manner find its 
 way into some of the legal magazines of the time. If not, it would 
 never be published at all. 
 
 There were various attempts made to publish a separate series 
 of reports for each circuit, but this manner of reporting was not 
 satisfactory to the profession, and after the establishment of the 
 Federal Reporter, in 1880, one by one these dififerent series of re- 
 ports were discontinued. 
 
 (f) Same — Federal Cases 
 
 These early reports, published in separate series by circuit, be- 
 fore the establishment of the Federal Reporter, were not only in- 
 complete, but they became difficult to obtain, and were very ex- 
 
 29 
 
§ 3 WHERE TO FIND THE LAW (Part I 
 
 pensive; a full set costing about one thousand dollars. The de- 
 mand for a complete and continuous series of the lower federal 
 court decisions from the very beginning resulted in the publica- 
 tion of one of the most finished and satisfactory sets of legal re- 
 ports ever printed — the Federal Cases. This series of thirty-one 
 large volumes (including a digest) is an annotated reprint of all 
 the decisions of the United States Circuit and District Courts from 
 the earliest times to 1880, the date of the establishment of the Fed- 
 eral Reporter, with which it connects. 
 
 The Federal Cases contain some 18,000 cases, including all those 
 reported in the ISO volumes of old Circuit and District Reports, 
 and nearly 5,000 important decisions reported in legal periodicals, 
 and about 1,800 cases reported only in manuscripts, and thus res- 
 cued from oblivion and made accessible to the profession for the 
 first time. All the cases are arranged alphabetically by title and 
 are numbered consecutively, making it a simple matter to find a 
 decision, in whatever form it may be cited. In citing to the Fed- 
 eral Cases, it is customary to give the case number and title rather 
 than the volume and page. 
 
 The Federal Cases are annotated by references under each par- 
 agraph of the headnotes showing in what subsequent decisions 
 it has been cited. If the case has been carried into the United 
 States Supreme Court on appeal, writ of error, or certiorari, that 
 fact and the disposition of the case is shown. In many instances 
 notes have been appended to the case showing the subsequent de- 
 velopment of the law. So, too, historical notes are appended to 
 those cases which have a special historical interest. 
 
 (g) Same — Federal Reporter 
 
 In 1880 the Federal Reporter was begun as one of the compo- 
 nent parts of the National Reporter System. In this publication are 
 to be found all published decisions of the United States Circuit Courts 
 and United States District Courts, since 1880, thus connecting with 
 and continuing the Federal Cases; so that, taken together, these 
 two sets constitute a complete series of reports for the federal 
 courts other than the Supreme Court. Most of the decisions thus 
 reported are not to be found in any other publication. The Federal 
 Reporter also reports all decisions of the United States Circuit 
 Courts of Appeals from the organization of the court in 1891. 
 (h) United States Circuit Courts of Appeals Reports 
 
 Besides the reports of the decisions of the United States Circuit 
 Courts of Appeals contained in the Federal Reporter, there is a 
 separate series of reports reporting these decisions exclusively. 
 This series is called the "Circuit Courts of Appeals Reports," and 
 is cited as "C. C. A." It is still being published. 
 
 For a number of years the decisions of the United States Circuit 
 
 30 
 
Ch. ni) EEPOETS OF JUDICIAL DECISIONS AMERICAN § 4 
 
 Courts of Appeals were also published in a series known as the 
 "United States Appeals Reports," but in 1899, after 63 volumes 
 had been published, the series was discontinued, and is now prac- 
 tically obsolete. 
 
 (i) Miscellaneous Reports 
 
 There are, in addition to the foregoing reports of the United 
 States courts, a number of special series for particular courts. 
 
 The decisions of the Court of Claims are published by direction 
 and authority of Congress in a special series covering that court 
 alone. 
 
 The Commerce Court was reported in the Federal Reporter. 
 
 For the United States Court of Customs Appeals, special reports 
 are issued by the Treasury Department. 
 
 The courts of the District of Columbia are covered by a series 
 published locally by private enterprise. 
 
 The quasi- judicial reports of the proceedings of the Industrial 
 Commission are published specially by the government, and under 
 authority from Congress the decisions of the Interstate Commerce 
 Commission are brought out in a special series. 
 
 There is no provision for reporting the decisions of the Consular 
 Courts regularly, but occasional reports are brought out by the 
 State Department. 
 
 § 4. State Reports — Official Series 
 
 From very early times it has been the custom in each state to 
 publish reports of the decisions of the appellate courts, and in 
 some instances of other courts as well. In 1784 the Legislature 
 of Connecticut passed an act requiring the judges of the Supreme 
 Court of Errors and of the Superior Court to give in writing the 
 reasons of their decisions, upon points of law, and lodge them 
 with their respective clerks, with a view, as the statute express!}- 
 declares that the cases might be fully reported. 
 
 The first American state reports were those of Ephraim Kirby, 
 who published, in 1789, a volume of reports of cases decided by the 
 Superior Court of Connecticut, beginning with the year 1785. 
 Though Mr. Kirby's Reports were the earliest publication of the 
 kind, preceding the first Pennsylvania Reports — 1 Dallas — by 
 about a year, there are numerous cases reported in other states 
 of date earlier than the Connecticut cases. The earliest American 
 case of which we have any regular report is Stone v. Boreman, de- 
 cided in 1658 in the Provincial Court of Maryland, and reported in 
 1 Harris & McHenry, 1. 
 
 In 1814 the Connecticut General Assembly passed an act author- 
 izing the Supreme Court of Errors to appoint a reporter of theii 
 decisions. Under this act Mr. Thomas Day became the first offi- 
 cial American court reporter. 
 
 31 
 
§ 4 WHERE TO FIND THE LAW (Part I 
 
 In early times it was common to give the volumes of reports the 
 name of the court reporter through whom they were issued — for 
 example, "Day's Reports" (Connecticut), "Cushing's Reports" 
 (Massachusetts), "Grattan's Reports'' (Virginia). The names 
 formerly applied are in most instances still retained locally for 
 those particular volumes. For many years, however, it has been 
 the custom in most states to designate the volumes of reports con- 
 secutively by number — for example, "145 Massachusetts," "93 Vir- 
 ginia." 
 
 (a) Incompleteness of State Reports 
 
 In most states all or most of the decisions of the appellate courts 
 are reported in the series known as the "official" state reports. In 
 Kentucky (until recently) and in Mississippi, however, the court 
 designates the opinions to be published in the official volumes. 
 Accordingly a large number of cases decided by these courts, being 
 marked "Not to be officially reported," cannot be found in the reg- 
 ular state reports, but only in the nonofficial series — the National 
 Reporter System. In Alabama a few cases are left out of the state 
 reports. And in other states cases are occasionally designated by 
 the court to be left out of the official volumes. Many cases decid- 
 ed in Pennsylvania do not appear in the state reports, though in 
 recent years this practice has been changed. In New Jersey and 
 Texas, however, a large number of cases are left unpublished each 
 year. For example, the reports of New Jersey omit nearly seven 
 hundred important cases, which, however, have been published in the 
 first thirty-three volumes of the Atlantic Reporter; the reports of 
 Pennsylvania omit over fifteen hundred cases that have been decided 
 by the Supreme Court of that state, and these also are reported in the 
 Atlantic Reporter; the reports of California omit over two thousand 
 cases of the Supreme Court of that state, which are published in 
 the Pacific Reporter; while the reports of Kentucky and Texas 
 omit over four thousand and nine thousand cases, respectively, de- 
 cided by the appellate courts in these states, and published in the 
 Southwestern Reporter. If all the cases that have been omitted 
 from the various official state reports, but that appear in the Re- 
 porters, were compiled and published as a separate series of state 
 reports, the set would number between 250 and 300 volumes. 
 
 In some states, cases are not infrequently reported in the state 
 reports as memorandum decisions, although opinions were in fact 
 rendered and will be found reported in the National Reporter Sys- 
 tem. 
 
 In spite of omissions, the number of volumes of state reports has 
 been rapidly increasing. There are now (September, 1912) approx- 
 imately 8,000 volumes of state and federal reports. If to this we 
 
 32 
 
Ch. Ill) EBPOETS OF JUDICIAL DECISIONS — AMERICAN § 4 
 
 add the number of nonofficial volumes, selected case series, and 
 special series— duplications of the state and federal reports — the 
 total number of volumes of reports of decisions is over 9,800, and 
 about 260 volumes are being added to this total yearly. 
 
 (b) Meaning of the Term "Official" as Applied to Law Reports 
 
 Though it is the custom to speak of the state reports as "offi- 
 cial," it must be remembered that in fact the actual decisions and 
 opinions contained in the Reporter System, the various selected 
 case series, and other reports of like kind, are just as "official" as 
 the decisions and opinions in the so-called "official" reports. The 
 copies of the opinions published in these "nonofficial" series of re- 
 ports are obtained from the same sources and are just as authen- 
 tic as the copies from which the "official" reports are made up. 
 Consequently it may justly be said that all reports are in a sense 
 "official," or that to use the term "official reports" as referring to 
 any particular series of reports is a misnomer, for it is certainly 
 misleading. The mere fact that each state authorizes or requires 
 publication of reports of its Supreme Court decisions, and, to insure 
 such publication, agrees to purchase a stated number of each vol- 
 ume of the reports, cannot be said to give such a series pre-em- 
 inence as an "official" publication. 
 
 Bearing in mind that the decision establishes the precedent, that 
 the court record is the ultimate authority as to the rendition of that 
 decision, and that the printed report is merely evidence of it, it 
 will be perceived that nothing is added to the weight of a precedent 
 by the fact that it is found in a so-called "official" report. The val- 
 ue of one set of reports, as compared with another, depends whol- 
 ly on the accuracy, completeness, and reliability of the reports, 
 and the skill, judgment, and learning of the reporter or editor. In 
 early days, when written opinions were not filed and the report of 
 a decision had to be made from hearing the argument and the de- 
 liverance of the judges, much depended on the opportunities which 
 the regular reporter enjoyed to gain a full knowledge of the case 
 and of the judgment; but at present, when practically all reports 
 are founded on printed records and arguments, and the written 
 opinions of the courts, this question is of no importance, and, as 
 has been said, the value of a particular report will depend on its 
 completeness, and on the judgment and ability of the reporter in 
 stating the facts and pleadings and in making the syllabi or head- 
 notes. 
 
 The relative standing and value of headnotes is a question of 
 great importance. It is customary for the reporter or editor to 
 add to the opinion of the court a statement of the case and a head- 
 note or syllabus showing each point of law involved in the case. 
 Bbief Mak.(3d Ed.)— 3 33 
 
§ 4 WHERE TO FIND THE LAW (Part I 
 
 Whether the person making these headnotes is an official appoint- 
 ed or elected, or an independent editor, the excellence of the head- 
 notes and the accuracy of the statement of the case depend upon 
 his personal ability and judgment. 
 
 It is obvious that headnotes cannot as a rule have any binding 
 authority, for this is inherent only in the decision itself. They, like 
 the index at the back of the volume, are only secondary authority. 
 It is true that, in certain states, the judges are required by law to 
 write headnotes for the cases they decide, and in a few states it is 
 sought by statute to give these headnotes the force of law. In the 
 absence of constitutional provisions on the subject, statutes giving 
 to these judicial headnotes the force of law have been held invalid, 
 because unconstitutional, and it must be remembered that under 
 any circumstances they are no more binding outside of the juris- 
 diction of the court in question than any other headnotes would 
 be.2 
 
 Of course, these headnotes prepared by the judges become a 
 part of the court's record and are published in whatever set of re- 
 ports the case appears, whether official or nonofficial. In the Na- 
 tional Reporter System, and in the nonofficial series of reports gen- 
 erally, it is usually found necessary, in reporting cases for which 
 the headnotes are prepared by the judges, to add extra headnotes, 
 covering points on which these cases may reasonably be cited, but 
 which the judges have not covered in their headnotes. Writing 
 headnotes is an exceedingly difficult employment, requiring a pe- 
 culiar ability, entirely distinct from that needed to make a good 
 judge, and requiring also special training, coupled with wide ed- 
 itorial experience. It is not, properly speaking, a judicial duty, and 
 it is therefore no reflection on the judiciary to say that very few 
 judges write adequate headnotes. 
 
 While it is true that no system of reports is free from errors, the 
 so-called official reports contain their share of errors, if not the 
 larger proportion. It would, indeed, be strange if they did not 
 contain more errors in proportion than the nonofficial reports. 
 The official reports are seldom produced by persons especially 
 trained in that line of work, and seldom pass through the hands 
 of expert editors, verifiers, and the like. On the other hand, re- 
 ports contained in the several nonofficial series are prepared by 
 editors selected for their ability in that particular line of work, 
 and specially trained in their duties. The reports contained in the 
 National Reporter System, for example, are subjected before publi- 
 cation to the close examination of specially trained editors and 
 
 2 For further discussion of tlie auttiority of "headnotes by the court," from 
 a somewhat difCerent point of view, see Chapter XX, § 6 (b). 
 
 34 
 
Ch. Ill) REPORTS OP JUDICIAL DECISIONS AMERICAN § 6 
 
 verifiers, thus insuring a minimum of errors. It is a curious, but 
 easily proved, fact that in almost every instance where a nonoffi- 
 cial report has been found to differ from the official report in any 
 respect, a comparison with the records of the court has shown the 
 nonoffiicial report to be the correct one. 
 
 § 5. NonofHcial Reports 
 
 The bulk of American Case Law increased so rapidly that not 
 even the lawyer of large means could afford to purchase for his 
 own use the reports of all the different states. This led to the pub- 
 lication of several different series of nonofficial reports, varying in 
 scope and plan. The most prominent of these are the National 
 Reporter System and the various series of selected cases. There 
 are also a number of series of special subject reports. 
 
 § 6. Same — The National Reporter System 
 
 In 1879 a method of systematic nonofficial law reporting was 
 inaugurated in this country, by the establishment of the first Re- 
 porter of the National Reporter System. The plan upon which 
 this system of reporting is based is that of combining into one pe- 
 riodical publication the current Supreme Court reports of a group 
 of neighboring states. This combination of reports of several 
 states in one reporter made it possible to give out the decisions 
 promptly on their filing, instead of its being necessary to hold 
 them for a year, or perhaps for two or three years, in order to gath- 
 er enough material in one jurisdiction for a bound volume. More- 
 over, the wide clientage secured by making each Reporter cover a 
 group of states assured sufficient financial returns to make the 
 subscription price very low. The System developed rapidly, and 
 within a few years it evolved into a comprehensive enterprise for 
 supplying the profession with current and systematic reports, all 
 the decisions of federal and state courts of last resort, at a rate less 
 than one-fourth their former cost. 
 
 The plan of prompt and economical publication, based upon a 
 combination of courts for material, and the co-operation of the 
 lawyers of several states for support, was extended until, in Jan- 
 uary, 1887, the seven so-called State Reporters, each covering a 
 group of neighboring states, formed together a National Reporter 
 System, which embraces the courts of last resort of all the states, 
 together with two other Reporters covering all the federal courts, 
 and the New York Supplement covering the Supreme and lower 
 courts of record of New York. This flexible arrangement enabled 
 a subscriber to take, if he wished, simply the Reporter which in- 
 cluded his own state, or, if he wished, to extend his subscriptions 
 so as to include other parts of the System or the entire System. 
 
 35 
 
§ 6 WHERE TO FIND THE LAW (Part I 
 
 (a) Reporters Included in the System 
 
 The component parts of the National Reporter System, to- 
 gether with the courts and jurisdictions embraced in each Reporter, 
 are as follows : 
 
 The Northwestern Reporter, established in 1879, reporting in 
 full the decisions of the courts of last resort of Michigan, Wiscon- 
 si;i, Minnesota, Iowa, Nebraska, Dakota, North and South Da- 
 kota. 
 
 The Pacific Reporter, established in 1883, reporting in full the 
 decisions of the courts of last resort of California, Colorado, Idaho, 
 Oregon, Montana, Nevada, New Mexico, Kansas, Oklahoma, Ari- 
 zona, Utah, Washington, and Wyoming, and the intermediate ap- 
 pellate courts existing in California, Colorado, Kansas, and Okla- 
 homa. 
 
 The Northeastern Reporter, established in 1885, reporting in 
 full the decisions of the courts of last resort of New York, Massa- 
 chusetts, Ohio, Illinois, and Indiana, and the intermediate Appel- 
 late Court in Indiana. 
 
 The Atlantic Reporter established in 1885, reporting in full the 
 decisions of the courts of last resort of Maine, New Hampshire, 
 Vermont, Connecticut, Rhode Island, New Jersey, Pennsylvania, 
 Delaware, and Maryland. 
 
 The Southwestern Reporter, established in 1886, reporting in 
 full the decisions of the courts of last resort of Missouri, Arkansas, 
 Indian Territory, Texas, Kentucky, and Tennessee, and interme- 
 diate courts existing in Missouri and Texas. 
 
 The Southeastern Reporter established in 1887, reporting in full 
 the decisions of the courts of last resort of Virginia, West Vir- 
 ginia, North Carolina, South Carolina, and Georgia, and the inter- 
 mediate Court of Appeals of Georgia. 
 
 The Southern Reporter, established in 1887, reporting in full 
 the decisions of the courts of last resort of Alabama, Florida, Lou- 
 isiana, and Mississippi. 
 
 The other three Reporters, which complete the System, are as 
 follows : 
 
 The New York Supplement, established in 1888, reporting in 
 full the decisions of the Supreme Court and lower courts of record 
 of the state of New York. 
 
 The Supreme Court Reporter, established in 1882, reporting in 
 full the decisions of the Supreme Court of the United States." 
 
 The Federal Reporter, established in 1880, reporting in full the 
 decisions of the United States Circuit and District Courts since 
 that date and of the Circuit Courts of Appeals since their establish- 
 ment in 1891." 
 
 8 See section 3 (d), above. * See section 3 (g), above. 
 
 36 
 
Ch. Ill) REPORTS OF JUDICIAL DECISIONS AMERICAN § 6 
 
 On pages 38, 39 of this chapter will be found a table show- 
 ing what jurisdictions are covered by each of the Reporters, the 
 date from which it has covered each jurisdiction, and the first vol- 
 ume of each state or other local series of reports which it dupli- 
 cates. The reader is also referred to Chapter 3 of the Appendix. 
 
 (b) General Description 
 
 Taken together, the New York Supplement and seven State Re- 
 porters of the System supply in about 41 volumes per annum mat- 
 ter which makes 175 volumes of state reports, all cases being 
 published in which there is a written opinion. But, as already 
 mentioned, the Reporters contain also many cases wholly omitted 
 from the state reports and many cases which appear in the state 
 reports merely as memorandum decisions; that is to say, many 
 cases which are not reported in full in the state reports are given 
 in full in the Reporters. The annual volume of the Supreme Court 
 Reporter corresponds to about four volumes of the United States 
 Reports, and currently there are about nine per year of the Fed- 
 eral. 
 
 The back volumes of the National Reporter System make a 
 complete report of American case law from the time the System 
 was established. By actual count, the number of cases included to 
 June 1, 1912, was 592,596. The total number of cases before the 
 time of the Reporter System is 364,222, so that at the date just named 
 the Reporters made available nearly two-thirds of all American cases 
 from the beginning; and these, being the latest cases, include the 
 authorities most freqtiently needed and cited. About 23,000 cases 
 are being added each year. 
 
 The Reporters are published in two editions — first in pamphlet 
 form, as advance sheets, and later in bound volumes. Before the 
 cases are printed in the permanent, bound edition, the judges very 
 generally revise their opinions, correcting any errors that may 
 have occurred in the first report. This insures the greatest pos- 
 sible accuracy in the permanent reports. 
 
 It may not come amiss to remark that the National Reporter 
 System is usually spoken of as the "Reporters," and one of the 
 component parts of that system is in like manner spoken of as a 
 "Reporter." Wherever, in this or the succeeding chapters of this 
 work, the word is used with a capital, it refers to one or more of 
 the parts of the National Reporter System. When the word "re- 
 porter" is used without capitalization, it refers to the person who 
 reports or edits the cases in any series of reports to which refer- 
 ence is being made. 
 
 (c) Scope of Reporters 
 
 The Reporters cover all cases reported in the state reports 
 after and including the volumes and dates given below: 
 
 37 
 
§6 
 
 WHERE TO FIND THE LAW 
 
 (Part I 
 
 REPORTER. 
 
 Atlantic Reporter. 
 
 Northeastern Reporter. 
 
 Northwestern Reporter. 
 
 Pacific Reporter. 
 
 EARLIEST VOL. OF 
 
 STATE REPORTS 
 
 COVERED. 
 
 DATE OF 
 EARLIEST CASE. 
 
 53 Conn. 
 
 6 Del. Ch. 
 
 7 Houst. (Del.) 
 1 Marv. (Del.) 
 1 Penn. (Del.) 
 
 78 Maine. 
 64 Md. 
 64 N. H. 
 48 N. J. Law. 
 41 N. J. Eq. 
 110 Pa. 
 15 R. I. 
 58 Vt 
 
 114 111. 
 102 Ind. 
 
 1 Ind. App. 
 139 Mass. 
 
 99 N. Y. 
 
 43 Ohio St 
 
 1 Dak. 
 
 51 Iowa. 
 41 Mich. 
 26 Minn. 
 
 9 Neb. 
 
 1 Neb. Unoff. 
 
 1 N. Dak. 
 
 1 S. Dak. 
 46 Wis. 
 
 1 Ariz. 
 64 Cal. 
 1 Cal. App. 
 7 Colo. 
 
 1 Colo. App, 
 
 2 Idaho. 
 30 Kan. 
 
 1 Kan. App. 
 4 Mont 
 17 Nev. 
 
 3 N-. M. 
 1 Okl. 
 
 1 Okl. Cr. R. 
 
 11 Or. 
 
 3 Utah. 
 
 1 Wfish. St 
 
 2 Wash. T. 
 
 3 Wyo. 
 
 3S 
 
 May 4, 1SS5. 
 
 July 22, 188G. 
 
 Aug. 6, 1885. 
 June 23, 1885. 
 March 12, 1886. 
 Nov., 1885. 
 Oct, 1885. 
 May 11, 1885w 
 April 4, 1885. 
 Nov. 23, 1885. 
 
 May 15, 1885. 
 March 11, 1885. 
 March 31, 1891. 
 Nov. 5, 1884. 
 April 14, 1885. 
 Feb. 24, 1885. 
 
 Dec. Term, 1867. 
 Dec. 5, 1878. 
 June 11, 1879. 
 March 20, 1879. 
 Jan., 1879. 
 Organlz'n of Com. 
 Jan. Term, 1890. 
 March 1, 1890. 
 Jan. 7, 1879. 
 
 Jan., 1871. 
 July 2, 1883. 
 Organiz'n of Cts. 
 Dec, 1883. 
 June 23, 1891. 
 Sept., 1881. 
 May 3, 1883. 
 March 19, 1895. 
 Jan. 7, 1881. 
 Jan. Term, 1882. 
 March 21, 1883. 
 June 24, 1890. 
 Organlz'n of Cts. 
 March, 1883. 
 ,Tan., 1881. 
 July, 1889. 
 July, 1880. 
 April 11, 1883. 
 
Ch. Ill) REPORTS OP JUDICIAL DECISIONS AMERICAN 
 
 §6 
 
 
 EARLIEST VOL. OF 
 
 DATE OF 
 EARLIEST CASE. 
 
 REPORTER. 
 
 STATE REPORTS 
 COVERED. 
 
 Southeastern Reporter, 
 
 79 Ga. 
 
 Jan. 1, 1887. 
 
 
 1 Ga. App. 
 
 Organiz'n of Ct. 
 
 
 96 N. Car. 
 
 Jan. 1, 1887. 
 
 
 26 S. Car. 
 
 April Term, 1886.. 
 
 
 83 Va. 
 
 Jan. 1, 1887. 
 
 
 29 W. Va. 
 
 Oct. 30, 1886. 
 
 Soutliern Reporter. 
 
 81 Ala. 
 
 Dec. Term, 1886. 
 
 
 23 Fla. 
 
 Jan. 1, 1887. 
 
 
 39 La. Ann. 
 
 Jan. 1, 1887. 
 
 
 64 Miss. 
 
 Oct., 1886. 
 
 Southwestern Reporter. 
 
 47 Ark. 
 
 Nov. Term, 1885. 
 
 
 1 Ind. T. 
 
 Organiz'n of Cts. 
 
 
 85 Ky. 
 
 June 1, 1886. 
 
 
 8 Ky. Law Rep. 
 
 Aug. 2, 1886. 
 
 
 89 Mo. 
 
 April Term, 1883. 
 
 
 94 Mo. App. 
 
 April 28, 1902. 
 
 
 85 Tenn. 
 
 Oct. 20, 1886. 
 
 
 66 Tex. 
 
 March 23, 1886. 
 
 
 21 Tex. App. 
 
 March 7, 1886. 
 
 
 31 Tex. Cr. R. 
 
 Organiz'n of Ct 
 
 
 1 Tex. Civ. App. 
 
 Organiz'n of Cti 
 
 Federal Reporter. 
 
 1 C. C. A. ) 
 
 1 U. S. App. f 
 
 
 
 Organiz'n of Cts. 
 
 
 U. S. Cir. & Dist Ots. 
 
 March 1, 1880. 
 
 Supreme Court Reporter. 
 
 106 U. S. 
 
 Oct Term, 1882. 
 
 New York Supp. Reporter. 
 
 23 Abb. N. 0. 
 
 1 App. Div. 
 16 Civ. Proc. 
 
 1 Con. Sur. 
 
 1 Gibbons' Sur. 
 
 1 Power, Sur. 
 
 
 
 15 Daly. 
 
 May 1, 1888. 
 
 
 49 Hun. 
 
 
 
 1 N. T. Ann. Cas. 
 
 
 
 1 Misc. 
 
 
 
 7 N. Y. Cr. R. 
 
 
 
 56 N. Y. Super. Ct. 
 
 
 
 1 Silveruail. 
 
 
 (d) Promptness of Reporting 
 
 One of the most important characteristics of the National Re- 
 porter System is the promptness of the publication of decisions. 
 Whereas almost all the official reports are from five months to five 
 years behind in the publication of decisions, the Reporter System 
 
 39 
 
§ 6 WHERE TO FIND THE LAW (Part I 
 
 publishes decisions in from two to five weeks after they are handed 
 down. This result is attained by the system of combining in one 
 volume the reports of several states and of issuing weekly advance 
 sheets of volumes. Containing, as it does, every decision, the Re- 
 porter System, by reason of this promptness of publication, gives 
 the lawyer and brief maker access to the very latest precedents 
 in his own or any other state. 
 
 (e) Harmonising Decisions 
 
 By reason of the fact that the reports of the whole country are 
 published in a single system, it became possible to adopt a common 
 system of headnotes, and a general, uniform plan of reporting. 
 One important effect of this system of reports, that has resulted in 
 much benefit to the body of American jurisprudence, has been the 
 harmonizing of decisions. Before its day, when decisions from 
 other jurisdictions were difficult of access, each court stood in a 
 great measure by itself, and as a consequence there were many 
 conflicting opinions, arising largely from the inability to know all 
 the precedents. The Reporters, by making the latest decisions 
 from the whole country easily accessible to every judge as well as 
 to the bar at large, has assisted greatly in reducing this conflict. 
 In the words of Judge James H. Rothrock, of the Supreme Court 
 of Iowa, "the National Reporter System enables the courts of last 
 resort in all the states to harmonize the law, and thus prevent, in 
 a great degree, conflicting decisions upon doubtful questions." 
 
 (f) Method of Annotation 
 
 Another feature of the National Reporter System that makes 
 it very valuable to the brief maker is the method of annotating the 
 cases. Since May, 1902, all the important cases have been annotat- 
 ed by references to the places in the Century Digest where other 
 cases involving the same principles will be found. Since Novem- 
 ber, 1908, every point in every case has been annotated by refer- 
 ences to the places in the Decennial Digest and the Century Di- 
 gest, where similar cases will be found. As the section numbers in 
 the Decennial Digest and the subsequent volumes of the American 
 Digest are identical, the reference to the Decennial Digest is in ef- 
 fect a perpetual annotation — an annotation to all future cases, as 
 well as to all past cases." 
 
 For example, let us take a paragraph from the headnote to j\Ias- 
 sie V. Cessna, 88 N. E. 152, a case involving the constitutionality 
 of an Illinois statute relating to the assignment of wages, in which, 
 among other contentions, it was urged that the act in question was 
 
 6 The uniformity of section numbers under the Standard Digest Classifica- 
 tion is explained generally in Chapter V, § S, and more fully in connection 
 with the use of Digests and Reporters in Chapter VIII and Chapter X. 
 AVith specific reference to the Reporter annotations, see Chapter XI, §§ 7-9. 
 
 40 
 
Ch. Ill) REPORTS OF JUDICIAL DECISIONS AMERICAN § 6 
 
 within the police power of the state. The headnote in the Reporter 
 is as follows : 
 
 Constitutional Law (§ 81) — "Police 
 
 Power." 
 
 The laws which the Legislature may enact 
 in the exercise of the "police power" ar6 those 
 which have a tendency to promote the public 
 comfort, health, safety, morals, or welfare, or 
 to prevent some recognized evil. 
 
 [Ed. Note. — For other cases, see Constitution- 
 al Law, Cent. Dig. § 14S ; Dec. Dig. § 81. 
 
 For other definitions, see Words and Phrases, 
 vol. 6, pp. 5424-5438 ; vol. 8, p. 7756.] 
 
 In the first place it will be noticed that the "Editorial Note" (Ed. 
 Note) calls attention to the place where similar decisions may be 
 found in the Century Digest and in the Decennial Digest. It also 
 calls attention to the place where definitions of the term "police 
 power" may be found in "Words and Phrases." The Editorial 
 Note, therefore, annotated this decision to all the past decisions, 
 not merely in Illinois, but in all other jurisdictions. 
 
 [The books mentioned in the foregoing paragraphs, viz., the 
 Century Digest, Decennial Digest, American Digest, and "Words 
 and Phrases" will be described when we come to discuss books of 
 secondary authority.] 
 
 (g) The Key-Number 
 
 But the paragraph is also annotated to all future decisions in- 
 volving the same principle. It will be noticed that the first catch- 
 word, "Constitutional Law," is the topic in which this paragraph 
 will be digested in the American Digest System. Following the 
 topic title is the number of the particular section of the topic in 
 which it will appear, namely, (§ 81). Now, as the section numbers 
 are fixed, any cases decided subsequent to the date of this decision, 
 and involving the principle enunciated in this paragraph applied to 
 similar or analogous facts, will also be digested in "Constitutional 
 Daw., § 81." 
 
 The section number thus affixed to the first catchword of the 
 headnote paragraph is a "key-number," unlocking the door to all 
 future and past decisions involving a similar principle. The vari- 
 ous methods by which the annotations in the Reporter System, 
 and especially the "key-number," can be used to assist the brief 
 maker in his search for authorities, will be fully explained in a sub- 
 sequent chapter." 
 
 c See Chapter XI, §§ 7-9. It is hardly to be expected that the reader will 
 appreciate fully the significance of the annotatloiig at this point, since it 
 requires a knowledge of what is meant by the identity of section number^ 
 and by the Standard Classification. For the present, it will be sufficient to 
 remember vphat has been said abqve, and the results pointed out — namely, 
 that these annotations make it possible to find easily and by a simple me- 
 chanical process, all cases in point, whether decided before or since the case 
 annotated. 
 
 41 
 
§ 6 WHERE TO FIND THE LAW (Part I 
 
 (h) Index-Digests And Search Books 
 
 The use of the National Reporter System is greatly facilitated 
 for the brief maker by special digests, tables of cases, indexes, and 
 other features which will be described in their proper place. Some 
 of these are peculiar to the Reporters, while others are common to 
 many or all series of reports. 
 
 § 7. Same — Selected Cases 
 
 In addition to the State Reports, which report by far the great- 
 er number of the decisions of the appellate courts of the various 
 states, and the National Reporter System, which reports all deci- 
 sions since it was established, there are certain selected case series 
 deserving of special notice. 
 
 These series are based upon the theory of selecting the cases 
 which are of general value to the profession generally throughout 
 the country. Each series reports annually from 800 to 1,200 of 
 the 23,000 cases decided during the year, or from four to five per 
 cent, of the output of the appellate courts. 
 
 The plan followed is essentially the same in all series. 
 
 (1) To select cases of general importance or interest, with the 
 object of giving a fair representation of the American case law as 
 a whole. 
 
 (2) To report each case in full in the usual way, with headnotes, 
 etc., except that questions of local practice are usually omitted, if 
 possible. Synopses of briefs by counsel are sometimes included. 
 
 (3) To annotate the cases thus reported in the manner explained 
 below in § 7 (e) of this chapter. 
 
 This being the general plan of the selected case series, we may 
 now note the following facts regarding the several series. 
 
 (a) The Lawyers' Reports Annotated (L. R. A.) 
 
 Publication of this series was begun in 1887, four volumes being 
 published each year, each of which contained approximately 170 
 cases. When, in 1906, the set had reached its 70th volume, it was 
 discontinued, and a second series, known as L. R. A. New Series, 
 was begun. At the same time, the number of volumes was increas- 
 ed to six per annum and the number of cases per volume to about 
 200, so that this series is now reporting currently about 1,200 cases 
 per year.' On October 1, 1913, the New Series had reached its 43d 
 volume. In both the Old and the New Series, cases are chosen 
 from the lower federal as well as the state decisions. Both in the 
 reports and in the annotations, parallel citations [see Chapter VI, § 7 
 (d)] to the National Reporter System and to the State Reports are 
 given. 
 
 7 A careful count shows the total number of cases in 1-70 L. R. A. as 12,060, 
 and in 1-43 L. R. A. New Series as 9,2S6, so that, to date of writing, these 
 series have reported 21,346 cases. 
 
 42 
 
■Ch. Ill) REPORTS OP JUDICIAL DECISIONS AMERICAN § 7 
 
 An "Extra Annotated" Edition of 1-70 L,. R. A. was published a 
 few years ago. The extra annotations in this edition consist of L. R. 
 A. Cases as Authorities, the notes for the respective volumes being 
 included at the back of the volumes of the reports themselves. Thus 
 the L,. R. A. Cases as Authorities covering Volume 1 of L. R. A. are 
 inserted at the back of Volume 1 in the "Extra Annotated" Edition as 
 a sort of appendix to that volume. The same thing is done for Vol- 
 ume 2, etc. 
 
 (b) The Trinity Scries 
 
 This is the collective title given by the publishers to a group of 
 three distinct, but connecting, series of selected cases, as follows: 
 
 (1) American Decisions, consisting of 100 volumes of cases de- 
 cided by the various state courts from 1760 to 1869, inclusive. This 
 series contains reports of 15,826 cases, or about 158 cases per volume. 
 
 (2) The American Reports, being a similar set of 60 volumes, 
 containing cases decided during the period from 1870 to 1887. 
 This second series reports a total of 9,329 cases, or an average of 
 155 cases per volume. 
 
 (3) The American State Reports (begun almost simultaneously 
 with the Lawyers' Reports Annotated), published originally at the 
 rate of four volumes, but later at six volumes, per year, from 1888 
 to 1912, and including 140 volumes in all, containing a total of 20,- 
 497 cases, or about 152 cases per volume. 
 
 Like L. R. A., the American State Reports contain parallel cita- 
 tions to the State Reports and the National Reporter System, 
 though the two earlier series contain the parallel citations to the 
 state reports only. But, unlike L. R. A., all three series confine 
 themselves to decisions of the state courts, no case being reported 
 until after it had appeared in the official series. 
 
 (c) The American and English Annotated Cases 
 
 This series was begun in 1906, the original intention being to 
 publish cases of value taken from the American, Canadian, and 
 English Reports. However, it being an American series, it is 
 natural that the cases included were chosen chiefly from the Amer- 
 ican Reports, and the English and Canadian cases constitute only 
 a small percentage of the total number reported. It should be 
 noted that decisions are chosen from the United States federal as 
 well as from the state courts.' 
 
 8 The total number of cases reported in the American and English An- 
 notated Cases (21 volumes) Is 5,165 or 246 per volume. These were selected 
 as follows: 
 
 American Cases (State Courts) 4,583 
 
 " (Federal Courts) 320 
 
 English Cases 151 
 
 Canadian Cases Ill 
 
 Total 5,165 
 
 43 
 
§ 7 WHERE TO FIND THE LAW (Part I 
 
 (d) The American Annotated Cases 
 
 In 1912 the publishers of the American State Reports and of 
 the American and English Annotated Cases ceased publication of 
 their respective series, and at the same time united in the publi- 
 cation of a new series designed to supplement and continue either 
 or both of the pre-existing sets.' 
 
 Several volumes have already been published, containing each 
 about 235 cases. It is understood that the plan is to bring out five 
 volumes per year. They are cited as "Ann. Cas. 1912A," "Ann. 
 Cas. 1912B," etc., after the former manner of current digests. 
 
 The cases are chosen from the American state and federal courts, 
 a small percentage of English and Canadian cases also being in- 
 cluded. The method of annotation to be pursued is essentially that 
 of other selected case series. 
 
 (e) Method of Annotation 
 
 The scheme of annotation, while varying in detail from time to 
 time, is essentially the same in the different series of selected cases. 
 It follows the time-honored plan of adding to the report of a de- 
 cision, in the form of footnotes appended thereto, citations of other 
 cases similar or analogous to the case annotated, and, often, of in- 
 cluding therewith a general statement of the particular narrow rule 
 of law involved. In many instances a brief statement of the facts 
 of a cited case is given. Often, also, the editor adds a short orig- 
 inal statement of the broad general rule governing the main case, 
 and even of its chief modifications. 
 
 The reader's attention may now be directed to the character of 
 the notes in the various series. 
 
 (1) Lawyers' Reports Annotated. 
 
 The original series (1-70 L. R. A.) contains the reports of ap- 
 proximately 12,000 cases. Annotations have been appended to 
 about one-fifth of these cases, and to a number of those cases which 
 are not annotated have been attached cross-references or footnotes 
 to annotated cases. To avoid misconception regarding the char- 
 acter of the notes, it must be observed that they divide themselves 
 into at least two classes. On page 1 of the "Index to Notes, 1-70 
 L,. R. A." (a subsidiary publication prepared some time after the 
 series was completed and belonging to a class of search books explained 
 hereafter) ^^ we find the following prefatory explanation : "Each note, 
 whether long or short, is intended to exhaust all previous authorities 
 on its subject, except when it is marked with a star. The star indicates 
 
 9 To avoid confusion, it should be noted that those copies of the new series 
 which have been shipped to serve as continuations of the American and 
 English Annotated Cases bear the label of that series, so that the subscribers' 
 sets may remain uniform in binding and appearance. 
 
 10 See Chapter VI, §§ 4 (b), 4 (c), aiid 5, and Chapter XIV, § 4. 
 
 44 
 
Ch. Ill) KEPORTS OF JUDICIAL DECISIONS — AMERICAN § 7 
 
 that the note, however extensive or complete it may be, does not pur- 
 port to have been made under the present and imperative rule which re- 
 quires absolute exhaustiveness in each subject note." The reader 
 will note that the distinction drawn between the two classes of notes 
 is not as to length (for that depends primarily on the number of 
 cases which have arisen upon the subject of the note) but as to 
 exhaustiveness. 
 
 Any note which is not starred in the Index is designed to in- 
 clude all cases on the point covered that had been decided by the 
 courts prior to the date when the note was compiled. On the other 
 hand, no note that is starred in the Index purports to be exhaus- 
 tive — i. e., to cover all authorities decided prior to the date of its 
 publication. A brief maker, consulting a note in L. R. A., can as- 
 certain whether such note is or is not exhaustive by referring to 
 the Index to Notes and finding whether the reference to his note 
 is or is not starred. '^'■^ 
 
 Turning, now, to the notes in L. R. A. New Series, we find that, 
 unlike the old series, every case reported bears an annotation. In 
 this series the notes fall into three classes: (1) "Subject Notes"; 
 (2) "Case Notes"; and (3) "Notes" — each note in Volumes 1-25 
 of the New Series being labeled in one of these three ways.^^ 
 
 Every volume of the New Series contains a number of Subject 
 Notes, which are in effect small digests, each covering (down to 
 date of publication) the sub-topic of the law to which the point 
 annotated in the main case relates, or of which it may be regarded 
 as illustrative. In these notes the collection of paragraphs which 
 forms the body of the note is usually preceded by a brief editorial 
 statement of the rule involved and at the very beginning of the 
 note is a logical "analysis" of the Subject Note. 
 
 To illustrate, let the reader turn to the case of Whitehouse v. 
 Jones, reported in 12 L. R. A. (N. S.) 49, the case selected by the 
 publishers of that series to be included in the Reference Book (p. 
 43) to illustrate their method of annotation. It will be observed 
 that the note to this case is described as a Subject Note. The text 
 of it is preceded by what we have referred to as a digest analysis 
 of the contents. The (1) analysis is followed by (2) a, brief in- 
 troductory statement as to the general principles of which the main 
 case is illustrative, (3) a statement of the scope of the note — i. e., 
 what is included and what is excluded — of the same character as a 
 scope note in a digest, and (4) a series of paragraphs consisting 
 
 12 This statement applies to the "Index to Notes in 1-70 L. R. A." In the 
 new index, covering 1-70 L. K. A. and l-i2 L. K. A., New Series, the stars 
 are not included. 
 
 13 Though the notes in later volumes are not so labeled, the searcher can 
 distinguish more or less readily to which class each note belongs by the char- 
 acter of the note itself. 
 
 45 
 
§ 7 WHERE TO FIND THE LAW (Part I 
 
 of Statements of the law, and, occasionally, some indication of the 
 facts in cases falling within that scope. 
 
 The scope of this subject note is far broader than the point of 
 the main case to which it is appended. That is, the scope of the 
 note is so broad that many of the cases which properly come within 
 it cannot be said to be in point as to fact with the main case, 
 while the note also includes cases which are in point. In fact, the 
 whole annotation is a small digest of cases involving the juris- 
 diction of equity to quiet title. ^* 
 
 We may now turn our attention to the Case Notes in the New 
 Series (and the starred notes in the original series, which appear 
 to be of the same character and scope as the Case Notes, neither 
 undertaking to be exhaustive). These notes consist of a series 
 of paragraphs covering cases upon a particular narrow point of 
 the main case that is annotated. In the longer notes of this class 
 the number of cases cited is such as to require grouping into divi- 
 sions. A specimen of the Case Note will be found attached to 
 the ly. R. A. report of the case of Lyttle v. Denny, which appears 
 in the Reference Book, p. 39. 
 
 As already pointed out, there is in L,. R. A. (N. S.) a third class 
 of notes labeled simply "Note." They consist simply of cross- 
 references attached to cases that are not otherwise annotated,, and 
 refer the searcher to one or more of the other cases in L. R. A. 
 which are themselves annotated either by a case note or a subject 
 note. Occasionally a note simply states that the editors have not 
 been able to locate any case in point with the main case, which 
 therefore appears to be one of first impression. 
 
 (2) American Decisions, American Reports, American State 
 Reports, and American Annotated Cases. The regular '^^ notes in 
 these cases are of about the same character throughout all the suc- 
 cessive series. They appear to be all of about the same kind, and, 
 unlike the notes in L. R. A., do not fall into distinct classes. Care- 
 ful comparison of notes of these series with notes on the same sub- 
 jects attached to the same cases in L. R. A. indicates that the notes 
 
 14 The character of these annotations Is also considered in Chapter XIV, §§ 4 
 and 5, where its effect upon the methods of search in using L. K. A. is carefully 
 explained. 
 
 15 Many of the cases in the American State Reports, etc., are accompanied 
 by notes similar to .the "Notes" in L. R. A. New Series — that is, they are 
 cross-references (and not annotations in the proper sense of the term) which 
 refer the investigator to other notes or cases upon the subject in question, 
 to be found elsewhere in the same or a preceding series. The majority of 
 
 .notes in the Trinity Series belong to this class of cross-reference notes. By 
 the "regular notes" referred to in the text above are meant those notes which, 
 composed of matter of the same character as the Case Notes in L. R. A., 
 correspond to such notes and are annotations in the strict sense of the term. 
 These regular notes vary greatly In length, some of them being preceded, 
 like the L. R. A. "Subject Notes," by an analysis similar to the analysis of 
 a digest topic. 
 
 46 
 
Ch. Ill) EEPOETS or JUDICIAL DECISIONS — AMERICAN § 7 
 
 in the former are of the same character and scope as the Case 
 Notes in L. R. A. (N. S.)- Therefore, although they vary slightly 
 in form and style, no detailed description of them appears to be 
 necessar}^ here. 
 
 (f) Character and Authority of Annotations in General 
 
 The question now arises: "What is the character of that ma- 
 terial which constitutes the body of a Selected Case Series Note?" 
 This is an important point upon which some misapprehension has 
 existed. While in the form of text similar to that of a text-book, 
 the material of which the note is made is digest matter. That is 
 to say, it is composed of paragraphs (similar to digest paragraphs, 
 not only as to contents, but as to source and mode of preparation), 
 each of which is an abstract or digest of a particular point of a par- 
 ticular case cited. In some instances, the facts of the case are in- 
 dicated; but more often the editor has confined himself to giving 
 a statement, in general form, of the narrow rule of law applied in 
 the case. The various paragraphs are grouped under a logical 
 analysis, so as to form a consecutive outline of the law, and to 
 render the citations accessible. 
 
 From the foregoing discussion, it will be seen that the purpose 
 of annotations to reported cases, or, for that matter, any annota- 
 tion, is to facilitate the search for authorities which are in point, 
 both as to the law and as to the facts. In other words, they are 
 designed to enable the brief writer to find the cases, and so far as 
 practicable all cases, in point with his own case, in order that he 
 may select therefrom those which are directly in point as to fact. 
 It is not within the scope or design of annotations of any sort to 
 go into abstract discussion of the law or of legal principle. For 
 that one must look to the more elaborate text-books known as 
 treatises, discussed in Chapter V, § 3 (a). Annotations to cases fully 
 justify their existence when, like a digest or encyclopedia, they 
 make accessible the reservoirs of the case law. As a means of find- 
 ing cases in point, annotations of all sorts serve an important and 
 useful purpose, and are properly held in esteem by the profession. 
 The actual use of them is discussed in the second part of this vol- 
 ume.^" 
 
 (g) Digests 
 
 Like other sets of reports, each series of selected cases has its 
 special digests of the cases which it reports.^^ 
 
 (h) Search Books 
 
 In connection with each series, there are issued special aids of 
 various sorts, such as tables of parallel citations, citators, etc., 
 which supplement their usefulness. These subsidiary publications 
 
 le See Chapter XIV. 
 
 17 See Chapter V, § 9, and Cliapter XIV, §§ 2, 3, and 5. 
 
 47 
 
§ 7 WHERE TO FIND THE LAW (Part I 
 
 are considered under their proper place under "search books" in 
 
 Chapter VI. 
 
 (i) Authority of Selected Case Series 
 
 Selected Case Series are, so far as the reporting of cases is con- 
 cerned, books of primary authority, like other reports, because they 
 consist of the decisions of the courts, to report which is their chief 
 purpose. But, like other books of primary authority, they include 
 much valuable matter that is only secondary. Indexes and head- 
 notes are at most merely secondary authority in any set of reports, 
 and when an index does not amount to a summary of the contents 
 of the cases reported, it is, of course, simply a search book. 
 
 Annotations may be secondary authority or search books. If 
 they contain text matter summarizing or explaining the law, they 
 are the former. Thus, the Subject Notes and Case Notes in L. 
 R. A. mentioned above are secondary authority, like text-books 
 and digests. On the other hand, a note which simply cites cases 
 is search book material. 
 
 However, it is desirable to treat of annotations to reports col- 
 lectively. We may disregard this distinction, and refer to them 
 hereafter as secondary authority, simply remembering that the dis- 
 tinction does exist. ^^ 
 
 § 8. Same — Special Reports 
 
 There is still another class of nonofficial reports, the purpose of 
 which is to report cases pertaining to some special subject or 
 branch of the law, such an insurance cases, corporation cases, elec- 
 trical cases, etc. Besides the subjects mentioned, there are special 
 series of reports covering bankruptcy cases, patent cases, banking 
 cases, railway cases, negligence cases, probate cases, mining cases, 
 street railway cases, municipal corporation" cases, and criminal 
 cases. There are altogether about 20 different series of these spe- 
 cial subject reports, comprising about 380 volumes. For some of 
 these series, digests and general tables of cases have been published 
 for the purpose of rendering the material contained in them more 
 accessible. A list of these special reports will be found in Chapter 
 2 of the Appendix, and a list of the miscellaneous or special digests 
 is given in Appendix, Chapter 6, List (f). 
 
 § 9. Same — Miscellaneous Nonofficial Reports 
 
 There are numerous nonofficial reports of lower courts of rec- 
 ord that are sometimes cited even in other jurisdictions. The most 
 important of these are the reports of the New York, Ohio, and 
 Pennsylvania lower courts of record (the last named usually be- 
 ing referred to as the "Pennsylvania Side Reports"). In some in- 
 stances these courts, though not so designated in their titles, are 
 
 18 See Chapter V, § 11, and Chapter VI, § 4. 
 
 48 
 
Ch. Ill) KBPORTS OF JUDICIAL DECISIONS — AMEKICAN § 11 
 
 nevertheless intermediate appellate courts. These reports are spe- 
 cifically mentioned under several states following the lists of offi- 
 cial reports in Chapter 2 of the Appendix. The reader has already 
 been referred to the list of Supreme and intermediate Appellate Courts 
 in Chapter 7 of the Appendix. 
 
 § 10. Quasi-Legal Reports 
 
 In many of the states there exist commissions of a quasi-judicial 
 character. Such are some of the State Railway Commissions, 
 which have jurisdiction over disputes regarding railway rates, an 
 appeal lying from them to the state courts. 
 
 The decisions of such commissions are usually reported by au- 
 thority and at the expense of the state governments in much the 
 same manner as the decisions of the courts. They are not au- 
 thority, however, and should not be cited as such. They are men- 
 tioned merely because they are likely to be of interest and value 
 to any lawyer whose case involves questions of the regulation of 
 railways, which in recent years have attracted so much public 
 attention. 
 
 § 11. Citation of Reports 
 
 As lawyers are constantly referring to decided cases and cit- 
 ing them as authority, reference to the reports is almost invaria- 
 bly made by an abbreviated title. For example, "Reed v. Board- 
 man, 20 Pick. 441," directs the reader to the case of Reed v. Board- 
 man, at page 441 of volume 20 of Pickering's Reports of the deci- 
 sions of the Supreme Court of Massachusetts. "Nichols v. Peck, 
 39 Atl. 803," directs the reader to page 803 of volume 39 Atlantic 
 Reporter. Any one who uses law books will find it necessary to 
 know the abbreviations applied to such reports and legal publica- 
 tions as are most frequently used in his own jurisdiction.^" 
 
 Though all state reports are now cited by the name of the 
 state, in the early days citation by the name of the reporter was 
 common. And even some reports which are now cited by the 
 name of the state were at one time cited by the reporter's name. 
 For example, the Arkansas Reports are now invariably cited by the 
 name of the state, but until comparatively recent times volumes 
 6 to 13 Arkansas, were generally cited as 1 to 8 Eng. ; the name 
 of the reporter being English. So the early volumes of the Illinois 
 Reports and the New York Court of Appeals Reports were usually 
 cited by the name of the reporter, though the custom now is to cite 
 them by the name of the state. In New York, Keyes' Reports are 
 sometimes cited as 40*, 41*, 42*, and 43* N. Y. Haywood's Ten- 
 nessee Reports, if cited by the name of the reporter, are 3, 4, and 5 
 Hayw. Haywood was formerly a resident of North Carolina, and 
 
 18 A list of abbreviations will be found in Cliapter 10 of the Appendix. 
 Beief Mak.(.3d Ed.) — i 49 
 
§ 12 WHERE TO FIND THE LAW (Part I 
 
 1 and 2 Hayw. are North Carolina Reports. He emigrated to Ten- 
 nessee, became a judge of the Supreme Court after the admission 
 of Tennessee into the Union, and reported the decisions of the 
 court in the three volumes now known as 3, 4, and 5 Hayw. 
 
 § 12. Knowledge of the Reports 
 
 Every lawyer and student should be thoroughly familiar with 
 the system of reports in his own state, with the Federal Reports, 
 with the various Reporters of the National Reporter System and 
 with the various Selected Case Series. He should as far as pos- 
 sible know the period covered by each set of these reports and 
 the mode of citation. These facts are not difficult to memorize, 
 and will prove to be of valuable assistance to him in the actual 
 work of his profession. 
 
 50 
 
Ch. IV) KEPOETS OF JUDICIAL DECISIONS — ENGLISH § 2 
 
 CHAPTER IV 
 
 BOOKS OF PRIMARY AUTHORITY— REPORTS OP JUDICIAL DECI- 
 SIONS—ENGLISH REPORTS 
 
 § 1. Introduction — English Decisions as Authority. 
 
 2. English Courts. 
 
 (a) Appellate Courts. 
 
 (b) The Judicature Acts. 
 
 3. English Law Reporting. 
 
 4. Early Records of Litigation. 
 
 5. The Year Books. 
 
 6. Reports of the Second Period. 
 
 7. Reports of the Third Period. 
 
 8. The Law Reports. 
 
 9. Determining Date of English Decisions. 
 
 10. Mode of Citation. 
 
 11. Reprints of English Reports. 
 
 (a) American Reprints. 
 
 12. Selected Oases. 
 
 18. Canadian and Other Colonial Reports. 
 
 § 1. Introduction — English Decisions as Authority 
 
 Though the reports of English decisions are books of primary 
 authority, it must be remembered that, generally speaking, Eng- 
 lish decisions are not imperative authority in the American courts. 
 As the foundation of American case law is to be found in the com- 
 mon law of England, English decisions, prior to the Revolution, 
 are authority in this country, as embodying the common law which 
 was brought to America from England. English decisions ren- 
 dered prior to 1776 have been regarded by some judges and writers 
 as of imperative authority, but the better opinion is that they are 
 not in any sense imperative. 
 
 All English decisions, however, are authority in the sense that 
 they would usually be followed in the absence of a decision of an 
 American court — that is to say, they are persuasive authority. 
 English decisions may be, and often are, referred to as evidence of 
 the existence of some rule of law or practice that should be applied 
 by American courts, in the absence of other precedent. Indeed, in 
 many instances, they would probably be followed in preference to 
 the decisions of some other state. For this reason, the reports of 
 the decisions of the English courts are often valuable to the Ameri- 
 can lawyer, so much so as to justify a short description of them. 
 
 § 2. English Courts 
 
 In order to understand the bibliography of the English reports, 
 it is necessary to describe briefly the system of English courts. 
 
 Prior to 1873 the leading English courts of original jurisdiction 
 were the Court of King's (or Queen's) Bench, the Court of Com- 
 
 51 
 
§ 2 WHERE TO FIND THE LAW (Part I 
 
 mon Bench or Common Pleas, the Court of Exchequer, the Court 
 of Chancery, the Court of Admiralty, and the Prerogative Courts 
 of Canterbury and York. The Court of King's (or Queen's) Bench 
 can be traced back to the twelfth century. It was the most im- 
 portant of the common-law courts, receiving its name because of 
 the fact that the sovereign was supposed to sit in it in person. It 
 had jurisdiction in all pleas of the Crown — that is to say, criminal 
 cases — and in all suits between subject and subject, except real 
 actions. It also had the power to issue extraordinary writs, such 
 as mandamus and quo warranto. 
 
 Inasmuch as the Court of King's Bench necessarily accompa- 
 nied the King on his journeys throughout the kingdom, a new 
 court, that of the Common Pleas, became necessary. By Magna 
 Charta it was provided that the Court of Common Pleas, having 
 jurisdiction of all suits between subject and subject, should be 
 held at some certain place, no longer following the King. That 
 court, therefore, held its sessions at Westminster. 
 
 The Court of Exchequer was the financial agency of the gov- 
 ernment, but very early it began to assume judicial functions in 
 connection with the management of the royal revenue. By grad- 
 ual enlargement of its jurisdiction it took cognizance of suits be- 
 tween subject and subject, except a very few, including real ac- 
 tions, of which the Common Pleas had exclusive jurisdiction. 
 
 The Prerogative Courts of Canterbury and York were ecclesi- 
 astical courts, and had jurisdiction of the probate of wills and ad- 
 ministration of estates, as well as all matrimonial causes. In 1857, 
 however, jurisdiction in such matters was transferred to the Court 
 of Probate and the Court for Divorce and Matrimonial Causes. 
 
 The Court of Chancery had its origin as far back as the reign 
 of Richard II (1377 to 1399) ; but it was not until the reign of 
 Henry VI (1422 to 1461) that chancery decisions began to be 
 reported. This court, as its name indicates, had jurisdiction of all 
 equity cases. 
 
 The Court of Admiralty had its origin certainly as early as the 
 thirteenth century, and, as indicated by its title, had jurisdiction 
 in all matters arising wholly at sea. 
 
 (a) Appellate Courts 
 
 There were also in England three courts of appellate jurisdic- 
 tion. They were known as courts of intermediate appeal, and 
 were as follows: (1) The Exchequer Chamber, which was estab- 
 lished in 1822 as a court of intermediate appeal from the common- 
 law courts, namely, the Court of King's Bench, the Court of Com- 
 mon Pleas, and the Court of Exchequer; (2) the Court of Appeal 
 in Chancery, established in 1851, which was a court of intermedi- 
 ate appeal in equity cases ; and (3) the Full Court in Matrimonial 
 
 52 
 
Ch. IV) REPORTS OF JUDICIAL DECISIONS ENGLISH § 3 
 
 Causes, which had jurisdiction to review the decisions of the Court 
 for Divorce and Matrimonial Causes. 
 
 The court of final appeal was the House of Lords, to which an 
 appeal lay from the Court of Probate, Exchequer Chamber, Chan- 
 cery Appeals, and from the Full Court in Matrimonial Causes, as 
 well as from the Scotch and Irish courts. 
 
 The Judicial Committee of the Privy Council also constituted 
 an appellate court and entertained appeals from the Admiralty and 
 Ecclesiastical Courts, and from the colonial courts. 
 
 (b) The Judicature Acts 
 
 The modern system of English courts was established by the 
 judicature acts of 1873 and 1875. By these acts, all of the courts 
 of original jurisdiction and the courts of intermediate appeal were 
 consolidated in the Supreme Court of Judicature. This was sub- 
 divided into (1) the High Court of Justice; and (2) the Court 
 of Appeal. The High Court of Justice was subdivided into the 
 King's or Queen's Bench Division, the Common Pleas Division, 
 the Exchequer Division, the Chancery Division, and the Probate, 
 Divorce, and Admiralty Division. The jurisdiction of the various 
 divisions corresponds, in the main, to that of the old courts of 
 the same name. The courts of any division, however, may apply 
 equitable rules. In 1880 the Common Pleas and the Exchequer 
 Divisions were consolidated with the Queen's Bench Division. 
 Appeals from these courts will lie to the Court of Appeal. From 
 the decisions of the Court of Appeal, an appeal may be taken, as 
 before, to the House of Lords. 
 
 § 3. English Law Reporting 
 
 In England, the opinions of the judges, as a general rule, are 
 not written, but are stated orally by the judges in open court, 
 together with the reasons for their decisions. Law reporting in 
 England, therefore, is arduous and complex, requiring ability of a 
 peculiar character on the part of the reporter. With the possible 
 exception of a comparatively short period between 1292 and 1537, 
 no governmental provision has been made in England for report- 
 ing the decisions of the courts, and it is very doubtful if there were 
 any regular official reporters even during that time. Law report- 
 ing in England has, therefore, been the work of private enterprise, 
 as a result of which there are, among the English reports, reports 
 of all sorts of merit, made by all sorts of persons in all sorts of 
 style. In later years, certain series of reports have sometime 
 been "authorized" by the judges, but this gave the reporters na 
 recognized official standing. 
 
 According to Mr. Soule (Lawyers' Reference Manual, p. 66) 
 the history of law reporting in England may be divided into four 
 
 53 
 
S * WHERE TO FIND THE LAW (Part I 
 
 distinct periods: (1) The period of official and regular reporting, 
 represented by the Year Books only; (2) the period of casual 
 reporting, private and often posthumous, from the Year Books to 
 the Term Reports (1785) ; (3) the period of private, but regular, 
 reportmg, from the Term Reports to 1865 ; and (4) the period of 
 systematic reporting, by the Council of Law Reporting, from 1865 
 to the present. 
 
 § 4. Early Records of Litigation 
 
 There are in existence records of litigation antedating the Nor- 
 man Conquest; but they can hardly be regarded as reports of deci- 
 sions intended to furnish precedents. Dr. Melville M. Bigelow has 
 collected from the original records and published, under the title 
 "Placita Anglo-Normannica," reports of all the recorded temporal 
 and a few ecclesiastical cases, from the Conquest to the reign of 
 Richard I (1066-1195). Beginning with the sixth year of the 
 reign of Richard I there are official records of cases. The earliest 
 of these are collected in a publication entitled "Rotuli Curi^ Re- 
 gis," in two volumes, covering a period from 1194 to 1199. These 
 with Howell's State Trials, in thirty-four volumes, beginning with 
 the year 1163, bring the English Reports up to the time of the 
 "Year Books." 
 
 § 5. The Year Books 
 
 The "Year Books," beginning in the reign of Edward I (1292), 
 and continuing with a few breaks until the latter part of the reign 
 of Henry VIII (1537), are perhaps the earliest records that are 
 intended primarily as precedents.^ As already remarked, it has 
 been contended that the cases contained in the Year Books were 
 reported by officials appointed for that purpose and paid by the 
 government. But in the Introduction to "Year Books of Edward 
 II," Selden Society Publications, vol. 17, it is shown that this con- 
 tention is without satisfactory proof and is probably erroneous. 
 The Year Books are in 16 volumes, 5 volumes covering the reign 
 of Edward I. It is in these Year Books that are to be found the 
 earliest statements of the principles of the law. 
 
 § 6. Reports of the Second Period 
 
 From the beginning of the sixteenth century there is a con- 
 tinuous line of common-law reports, and from the middle of that 
 century of the chancery reports. Many chancery cases are, how- 
 ever, reported in the early King's Bench reports, so that for prac- 
 tical purposes there is a continuous series of both law and chancery 
 reports since 1500. Many of the reports of this second period of 
 reporting are, however, of little or no value. In some instances 
 the reports of the period are printed from notes taken by able law- 
 yers, and are, therefore, presumed to be correct, and are accepted 
 
 » Wambaugli, Study o£ Cases, § 98. 
 
 54 
 
Ch. IV) REPORTS OF JUDICIAL DECISIONS ENGLISH § 8 
 
 as authority. Others are compiled from copies of the original 
 notes, and sometimes even from second or third copies. "Indeed, 
 it was," says Wallace (The Reporters, p. 17), "warrant enough to 
 call a book such a man's reports, that the cases in it, though mani- 
 festly copied from other MS., were copied in his handwriting." 
 In some instances the reputed authors of the reports were dead 
 and buried many years before the decision of the cases which they 
 were made to report. 
 
 Of the older reports, those of Plowden are considered to be 
 among the very best. So, too, the first eleven volumes of Lord 
 Coke's Reports stand very high ; so high, indeed, that they have 
 often been referred to as "The Reports." Saunders' Reports are 
 regarded as very fine examples of reporting, and those of Burrow 
 are looked upon as exceptionally good. They have become, in- 
 deed, a model for subsequent reporters. Of other early reports, 
 those of F. Moore, Dyer, Leonard, Croke, Yelverton, Hobart, Sal- 
 keld. Lord Raymond, and Peere Williams have always been highly 
 esteemed. On the other hand, the reports of Owen, Noy, Saville, 
 Gouldsborough, and Popham are not recognized as carrying with 
 them any authority. Among the chancery reporters, Vernon, At- 
 kyns, Vesey, Sr., and Ambler are regarded as rather mediocre. 
 
 § 7. Reports of the Third Period 
 
 Beginning with the reports of Durnford & East, commonly 
 called the Term Reports, in 1785, there is a marked improvement 
 in the methods of reporting English decisions. The reports are 
 regular in their chronological aspect and are in many instances 
 equal to the best models of modern reporting. The reports of East, 
 Maule & Selwyn, Adolphus & Ellis, Meeson & Welsby, and Hurl- 
 stone & Norman show painstaking care, and are of deservedly 
 high repute. With the growth of law reporting during this period 
 — that of private, but regular, reporting — there sprang up a num- 
 ber of rival reports. Certain series were recognized by the courts 
 as authorized. These are usually listed as regular reports ; others, 
 often superior in excellence, are, however, usually listed as "Col- 
 lateral Reports." 
 
 § 8. The Law Reports 
 
 The lack of system and the duplication of reports, and, in some 
 instances, the marked contradiction between the different reports, 
 led the bar to inaugurate a movement, in 1863, to secure better 
 and more systematic reporting. The result of these efforts was the 
 organization, in 1865, of the Council of Law Reporting, made 
 up of members of the Inns of Court and the Law Society, and the 
 establishment of the "Law Reports," a system which has been in 
 successful operation ever since. 
 
 55 
 
§ 8 WHERE TO FIND THE LAW (Part I 
 
 As first established, the Law Reports comprised a separate se- 
 ries for each of the courts, including the House of Lords and the 
 Privy Council Appeal Cases. In 1875, however, the series was 
 consolidated to six reports, namely, the Appeal Cases, Chancery 
 Division, Common Pleas Division, Exchequer Division, Probate 
 Division, and Queen's Bench Division. Commencing with the year 
 1881, as the result of the consolidation of the Common Pleas and 
 Exchequer Divisions of the High Court of Justice with the Queen's 
 Bench Division, cases in the Common Pleas and Exchequer Divi- 
 sion are reported in the reports of the Queen's Bench Division, 
 so that, at present, there are four series, namely. Appeal Cases, 
 Chancery, King's Bench, and Probate. 
 
 § 9. Determining Date of English Decisions 
 
 In many of the older English reports, the only method of de- 
 termining the date of a decision is by the term and regnal year 
 in which the case was decided. The law terms were fixed by the 
 church festivals, from which they took their names. By a stat- 
 ute passed in 1830 it was provided that, beginning with 1831, the 
 terms should be as follows : 
 
 Hilary Term, Jan. 11 to Jan. 31. 
 Paschal (or Easter) Term, April 15 to May 8. 
 Trinity Term, May 22 to June 12. 
 Michaelmas Term, Nov. 2 to Nov. 25. 
 
 The regnal years of the various sovereigns are shown by the 
 
 following table : 
 
 Length of 
 
 Sovereigns. Commencement of Eeign. Eeign. 
 
 William I October 14, 1066 21 
 
 William II September 26, 1087 13 
 
 Henry I August 5, 1100 86 
 
 Stephen December 26, 1135 19 
 
 Henry II December 19, 1154 35 
 
 Richard I September 23, 11S9 10 
 
 John May 27, 1199 18 
 
 Henry III October 28, 1216 57 
 
 Edward I November 20, 1272 35 
 
 Edward II July 8, 1307 20 
 
 Edward III January 25, 1326 51 
 
 Richard II June 22, 1377 23 
 
 Henry IV September 30, 1399 14 
 
 Henry V March 21, 1413 10 
 
 Henry VI September 1, 1422 39 
 
 Edward IV March 4, 1461 23 
 
 Edward V April 9, 1483 — 
 
 Richard III June 26. 1483 3 
 
 Henry VII August 22, 1485 24 
 
 Henry VIII April 22, 1509 38 
 
 Edward VI January 23, 1547 7 
 
 Mary .' July 6, 1553 6 
 
 Elizabeth November 17, 1558 45 
 
 James I March 24, 1603 23 
 
 Charles I March 27, 1625 24 
 
 56 
 
Ch. IV) REPORTS OF JUDICIAL DECISIONS — ENGLISH § 10 
 
 Length of 
 Sovereigns. Commencement of Reign. Iteign. 
 
 The Commonwealth January 30, 1649 11 
 
 Charles 11 May 29, 1660 37 
 
 James II February 6, 1685 4 
 
 William and Mary February 13, 1689 14 
 
 Anne March 8, 1702 13 
 
 George I August 1, 1714 13 
 
 George II June 11, 1727 34 
 
 George III October 25, 1760 60 
 
 George IV January 29,1820 11 
 
 William IV June 26, 1830 7 
 
 Victoria June 20, 1837 64 
 
 Edward VII January 22, 1901 d 
 
 George V May 6, 1910 — 
 
 Although Charles II did not ascend the throne until May 29, 
 1660, his regnal years are computed from the death of Charles I, 
 January 30, 1649, so that the year of his restoration is styled the 
 twelfth of his reign. 
 
 In order to determine the date of a decision indicated only by 
 term and regnal year, it is necessary to determine first in what 
 calendar year the term fell in the first year of the reign. By add- 
 ing to the calendar year thus obtained the regnal year less one, the 
 year in which the given term fell is ascertained. For example : 
 It is desired to know the date of a case decided at Hilary Term, 
 4 George I. George I ascended the throne August 1, 1714. Con- 
 sequently the first Hilary term in his reign was in January, 1715. 
 Adding the regnal year less one, it is ascertained that the case in 
 question was decided in 1718. 
 
 By the Judicature Act of 1873, however, the division of the year 
 into law terms was abolished. 
 
 § 10. Mode of Citation 
 
 As English reports are, up to the time of the Law Reports, en- 
 titled by the name of the reporter, they are cited by abbreviation 
 of the reporter's name. For example: Eaton v. Bell, 5 B. & Aid. 
 34, refers to volume 5 of Barnewall & Alderson's King's Bench 
 Reports ; Faucett v. Whitehouse, 1 Russ. & M. 132, refers to 1 
 Russell & Mylne Chancery Reports. The Law Reports are cited 
 by the court or division. Up to 1875, the mode of citation was, 
 for example, Goodwin v. Robarts, L. R. 10 Exch. 337, indicating 
 that this case was found in the Law Reports, vol. 10, of the Ex- 
 chequer Reports. After 1875, when the first consolidation of the 
 reports took place, cases were cited merely by the division. For 
 example: Perry v. Barnett, 15 Q. B. D. 388, indicating that this 
 case was found in Law Reports, vol. 15, of the Queen's Bench Di- 
 vision. In 1891, a new style of citation was adopted, the year 
 being added to the citation. For example: Sanderson v. Collins, 
 
 57 
 
§ 10 WHERE TO FIND THE LAW (Part I 
 
 [1904] 1 K. B. 628, indicating that this case is to be found in the 
 Law Reports, vol. 1, of the King's Bench Division for the year 
 1904. There are two volumes each year of the reports of the 
 King's Bench and Chancery Divisions, but only one volume per 
 year of the Appeal Cases and Probate Division ; so that a citation 
 of a case in the Appeal Cases for example would be in this style : 
 Caledonian Ry. Co. v. Barrie, [1903] App. Cas. 126. 
 
 It would, of course, be absurd to expect the American student 
 or lawyer to learn the names of any but the most important and 
 mo.st commonly cited English reports. To remember these is 
 desirable, however. The others may on occasion be looked up 
 among the abbreviations in Chapter 11 of the Appendix and in Chap- 
 ter 4 of the Appendix are very full lists of the English Reports. 
 
 § 11. Reprints of English Reports 
 
 There are two well-known English reprints of the English Re- 
 ports. In 1900 there was begun the publication of the "English Re- 
 ports, Full Reprint." This, as the subtitle indicates, is a complete 
 reprint of all English cases from the earliest times. One hundred 
 and thirty-six volumes had appeared up to August, 1913. 
 
 There is also in process of publication a reprint of English re- 
 ports, entitled the "Revised Reports." The series is edited by Sir 
 Frederick Pollock and is a republication of such cases in the Eng- 
 lish courts of common law and equity, since 1785, as are still to be 
 regarded as of practical utility. This publication began in 1891, 
 and 137 volumes have been issued up to the present time (August, 
 1913). It is, of course, in the nature of a series of selected cases, 
 as it does not purport to reprint all cases, but only those which the 
 editor thinks worthy of republication. It is correlated with the 
 original reports by the Table of Cases Reported, which gives the 
 title of the case, its citation in the original report, and the place it 
 is reported in the "Revised Reports." 
 
 (a) American Reprints 
 
 There have also been numerous American reprints of certain 
 portions of the English Reports, which will be found listed with 
 the English Reports in the Appendix. 
 
 § 12. Selected Cases 
 
 There have been published at various times several series of 
 selected cases from English reports. Probably the best known 
 of these is Smith's Leading Cases, which first appeared in 1841, 
 and has run through several editions. English Ruling Cases, in 
 25 volumes, is another selected case series, the character of which 
 is indicated by its title. Moak's English Reports is an American 
 publication of selected English cases, with copious notes. 
 
 58 
 
Ch. IV) EBPORTS OF JUDICIAL DECISIONS ENGLISH § 13 
 
 § 13. Canadian and Other Colonial Reports 
 
 In recent years American lawyers have begun to evince some 
 degree of interest in the reports of the Canadian courts and the 
 courts of certain other British colonies. The reports of the older 
 Canadian provinces are quite numerous ; Ontario having about 250 
 volumes, Quebec about 270 volumes, Nova Scotia about 75 vol- 
 umes, and New Brunswick about 45 volumes. The Dominion Re- 
 ports number about 85 volumes. There are also a few volumes of 
 reports in each of the newer provinces, Alberta, British Columbia, 
 Manitoba, Northwest Territories, and Saskatchewan. In Ameri- 
 can courts, these reports are, of course, of merely persuasive au- 
 thority; but they often prove of interest in illustrating the appli- 
 cation of the old English rules of law to the social and economic 
 conditions in a new and growing country. 
 
 In the same manner the reports of decisions of the Australian 
 courts have in recent years excited some attention. The reports 
 of the South African colonies have proved of interest in two as- 
 pects. In some of the older reports are found interesting examples 
 of the survival of the rules of the Civil Law, while in some of the 
 later volumes are illustrations of the modification of the Civil 
 Law by contact with the English Common Law. 
 
 But these reports, and the reports of the Scotch, the Irish, and 
 the Indian courts, are of no practical value to the American law- 
 yer. They are of interest only to the student of comparative juris- 
 prudence. 
 
 59 
 
WHEBE TO FIND THE LAW ' (Part I 
 
 CHAPTER V 
 
 BOOKS OF SECONDARY AUTHORITY— TEXT-BOOKS, ENCYCLOPE- 
 DIAS, AND DIGESTS 
 § 1. Introduction. 
 
 2. Authority. 
 
 3. Text-Books. 
 
 (a) Treatises and Commentaries. 
 
 (b) The Monograph. 
 
 (c) The Text-Book Digest. 
 
 (d) The Outline or Student's Handbook. 
 
 (e) The Local Text-Book. 
 
 (f) Text-Books in General. 
 
 4. Encyclopaedias. 
 
 (a) The American and English Encyclopa;dia of Law. 
 
 (b) The Cyclopajdia of Law and Procedure. 
 
 (c) Same — Oyc. Annotations. 
 
 (d) Same— Cyc. Index and Concordance. 
 
 (e) Miscellaneous Encyclopaedias. 
 
 5. Same — English Encyclopaedias. 
 
 6. Digests. 
 
 (a) Historical — ^The United States Digest. 
 
 7. Same — The American Digest System. 
 
 (a) The Century Digest. 
 
 (b) The Decennial Digest. 
 
 (c) The American Digest, Key-Number Series. 
 
 (d) The Monthly Digest. 
 
 (e) Recapitulation. 
 
 8. Uniformity and the Standard Classification. 
 
 9. Same — Miscellaneous Digests. 
 
 (a) Reporter Digests. 
 
 (b) Local or State Digests. 
 
 (c) Subject Digests. 
 
 10. Same — English Digests. 
 
 11. Character of Matter and Varia,tion of Form of Books of Secondary 
 
 Authority. 
 
 12. Law Dictionaries. 
 
 13. Same — Words and Phrases. 
 
 14. Periodicals. 
 
 § 1. Introduction 
 
 In Chapter I attention was called to the fact that law books 
 may be divided into three general classes: (1) Books that are 
 repositories of the law itself ; (2) books that explain and expound 
 the law by way of generalization, comparison, and commentary; 
 (3) books that simply aid the lawyer by directing him to the 
 places where he may find the law. The first of these classes of 
 books comprises the books of primary authority — the books that 
 contain the Statutory Law, and the books that contain the Case 
 L,aw. These books have been described in Chapters II and III, 
 respectively. The present chapter is intended to cover the books 
 of the second class — the books that explain and expound the law 
 — that is to say, books of secondary authority. In this class of 
 books are included text-books of all kinds, encyclopaedias of the 
 
 60 
 
Ch. V) TEXT-BOOKS, ENCYCLOPEDIAS, AND DIGESTS § 2 
 
 law, digests, law dictionaries, and a few other books that will be 
 mentioned later. 
 
 § 2. Authority 
 
 In order that the student may have a clear understanding of 
 the relative importance of the dififerent classes of books, it is 
 deemed best to refer again to the dififerent applications of the word 
 "authority." ^ As has been explained, "authority" may be used in 
 two senses — a concrete sense, as referring to the concrete thing 
 that is authority ; and an abstract sense, referring to the power or 
 influence possessed or exerted by the concrete thing. Regarding 
 law books as "authorities" in a concrete sense, we may describe 
 them as of "primary" authority when they furnish us with the law 
 at first hand, and as of "secondary" authority when they give us, 
 not the law itself, but a synopsis or generalization of or a commen- 
 tary on the law. This is the basis for the division of books into 
 books of primary authority and books of secondary authority. 
 
 But law books, since they either contain or expound the law, 
 may also be regarded as possessing and exerting power and influ- 
 ence — "authority" in the abstract sense. Regarded from this view- 
 point, law books may be said to possess either "imperative" au- 
 thority or "persuasive" authority. That is to say, the statements of 
 the law contained in the books are either of imperative authority, 
 in that they are absolutely binding on the courts, or of persua- 
 sive authority merely, in that they are not absolutely binding, but 
 would probably be accepted by the courts as expressing the law, 
 in the absence of any imperative authority to the contrary. 
 
 The line of demarcation between primary and secondary au- 
 thority and that between imperative and persuasive authority do 
 not correspond exactly in any particular jurisdiction. Many books 
 of imperative authority in one state are only persuasive authority 
 in another, though they are primary authority in both. A book 
 that is imperative authority in any jurisdiction is always classed 
 as a book of primary authority in all jurisdictions; but a book may 
 be primary authority and yet not be imperative or even persuasive 
 authority in the jurisdiction where its influence is invoked. 
 
 The distinction between imperative authority and persuasive 
 authority, on the one hand, and primary and secondary authority, 
 on the other hand, may be easily understood if we resort to a con- 
 crete illustration. A statute is primary authority. A statute of 
 New York is imperative authority in that state; but it is not even 
 persuasive authority in any other state. Yet it would be regarded 
 as a primary authority of the law of New York in whatever state 
 it was cited. A decision is primary authority of the law of the ju- 
 
 1 See Chapter I, §§ 7 and 10. 
 
 61 
 
§ 2 WHERE TO FIND THE LAW (Part I 
 
 risdiction in which it was pronounced and imperatively binding on 
 the courts thereof. A decision of the Supreme Court of Michigan 
 is imperative authority in that state, but is merely persuasive au- 
 thority in Ohio, though it would be regarded in Ohio as imperative 
 authority on the law of Michigan, as for instance, when a question 
 arises in Ohio as to the proper construction of a Michigan statute. 
 That is to say, the courts of Ohio, while accepting it as a true state- 
 ment of the law of Michigan, are not bound to follow it, though, in 
 the absence of any decision on the particular subject in Ohio, the 
 courts of that state might regard the Michigan decision as stating a 
 true principle of Common Law and thus be "persuaded" to follow it. 
 
 Now, books of secondary authority, since they do not give us 
 the actual law, but merely secondary statements of what the law 
 is believed to be, cannot under any circumstances be of imperative 
 authority. The statements contained in books of secondary au- 
 thority bind no one. They are, according to the court's belief in 
 their accuracy, persuasive authority only.^ 
 
 Books of secondary authority may therefore be defined as books 
 which explain, expound, or summarize the law as it is found in 
 books of primary authority. There are three, or more properly 
 four, important classes of books of secondary authority. Theo- 
 retically, each is designed to serve a specific purpose, and will 
 usually do so better than those of the other classes. But each class 
 also serves the purposes of the others in a more or less subsidiary 
 way, as will be seen hereafter. 
 
 These classes of books of secondary authority may best be con- 
 sidered separately. They are as follows: (a) Text-Books; (b) 
 Encyclopedias; (c) Digests; and (d) Annotations in text form 
 attached to statutes or reported cases. 
 
 § 3. Text-Books 
 
 Law text-books range from the bare outlines, covering only 
 the general principles of law, to voluminous and elaborate com- 
 mentaries, in which the disputed questions are set forth and ana- 
 lyzed, conflicting authorities are weighed, and inferences are drawn, 
 not only as to what the law is, but as to what it should be. They 
 may be divided for general description into five classes : The 
 treatise or commentary; the monograph; the ordinary text-book, 
 or "text-book digest"; the outline or student's handbook; and 
 the local text-book. 
 
 (a) Treatises and Commentaries 
 
 In this class are included those books in which legal principles 
 are newly set forth and discussed, and which derive a certain au- 
 
 2 In Part III of this volume. See Chapters XX and XXI. 
 
Ch. V) TEXT-BOOKS, ENCYCLOPiEDIAS, AND DIGESTS § 3 
 
 thority from the weight of the views advanced and the force of 
 the argument in which they are presented. 
 
 There are a very few legal treatises which have risen to some- 
 thing approaching closely the dignity of primary authority, wherein 
 the opinion of the author regarding the law has something of a 
 judicial utterance. Of such character are Littleton's Tenures and 
 the works of Sir Edward Coke and Sir Matthew Hale, but there 
 are very few others. It is these few books that constitute the only 
 possible exceptions to the general rule that Statutes and Decisions 
 are the only repositories of the law, and that are sometimes re- 
 garded as of almost imperative authority.^ Still another class of 
 these treatises are those which have been used for so long a time, 
 and whose statements of the law have been found to be, in gen- 
 eral, so accurate, that there is a strong presumption of the cor- 
 rectness of their statements of the law, and as authority they are 
 therefore persuasive to a marked degree. Of this sort the Com- 
 mentaries of Blackstone and of Kent, Cooley's Constitutional Lim- 
 itations, and Dillon's Municipal Corporations may be mentioned, and 
 others that readily suggest themselves. There are, too, a few 
 works of more recent date which, when tested and proved, may 
 be found worthy to be included in this category. But books of 
 this class are comparatively rare, and as a rule the courts require 
 direct reference to the decisions themselves. 
 
 (b) The Monograph 
 
 The monograph partakes of the nature and importance of the 
 treatise. It is in fact a special treatise on some particular subject 
 of the law, of limited and narrow scope, such as Employer's Lia- 
 bility. To this class belong works like Gray on the Rule against 
 Perpetuities, and articles on narrow questions of law, such as the 
 leading articles in legal periodicals, as, for instance, in the Har- 
 vard, Columbia, and Michigan Law Reviews, and in other similar 
 publications. 
 
 (c) The Text-Book Digest 
 
 The great majority of legal text-books fall within the third 
 class. They are the ordinary text-books or so-called "text-book 
 digests." Generally speaking, the aim of these books is to set 
 forth the law of a subject in condensed form, much after the man- 
 ner of an encyclopaedia, and with little or no criticism or discus- 
 sion of the authorities cited. No serious attempt is made to ex- 
 plain or reconcile apparently conflicting decisions. 
 
 In these works originality has small place, except in the arrange- 
 
 8 In recent times the authority of these legal classics is for all practical 
 purposes greatly reduced, and they are certainly not primary authority to-day. 
 
§ 3 WHERE TO FIND THE LAW (Part I 
 
 ment of the digested material, and the books derive what author- 
 ity they have, not from the soundness of the author's views, but 
 from the accuracy with which he summarizes the law as found 
 embodied in the decisions and other authoritative sources. The 
 principal purpose they serve is that of aids in the finding of cases, 
 or in obtaining a general view of the principles covering the par- 
 ticular subject or part of a subject under consideration. Prac- 
 titioners go to them to ascertain the case law of the subject, and 
 do not accept the author's statement as conclusive. It would be 
 extremely dangerous to depend upon the author's statements, with- 
 out having first verified them by careful reference to and exam- 
 ination of the cases cited, and of all other cases to which the ci- 
 tations may indirectly lead. Text-books are good for what they 
 are worth; but any lawyer who has had occasion to probe to the 
 root of a subject has learned that it is unsafe to look to the text- 
 book for a final statement of the law on any subject. 
 
 (d) The Outline or Student's Handbook 
 
 The outline or student's text-book or handbook * differs from the 
 treatise in its more restricted choice of topics and less exhaustive 
 method of treatment, and from the "text-book digest" in that it 
 does not attempt to cite all the cases or to cover as much ground. 
 Mr. Reed says in his American Law Studies : "The student should 
 use text-book authors as his legal preceptors for only a season, after 
 which they must be to him what they are to the profession gener- 
 ally. And even while sitting at their feet he must be taught to 
 test their statements and prove their references more and more 
 every day. Gradually and surely he must form the lawyer's habit 
 of going directly to the sources themselves for the law before he 
 commits himself to take a position in advice or argument. One 
 cannot learn too early that he should not rely overmuch on any 
 book or set of books." 
 
 (e) The Local Text-Book 
 
 Besides these general text-books, there are numerous special 
 and local text-books treating of some particular branch or subject 
 of the law in a single jurisdiction. These books, a list of which can 
 be found in any good law book catalogue, deal very largely with 
 questions of pleading and practice in the particular jurisdictions for 
 which they were written. Their importance and value is, of course, 
 dependent on the local standing of the authors and the accuracy 
 of the statements of the local law. They are often referred to as 
 "local practice books." 
 
 * The reader should not confuse the word "Handbook" with "Hornbooks." 
 The Hornbook Series is the name of a particular set of text-books which fall 
 within class (d). 
 
 64 
 
Ch. V) TEXT-BOOKS, ENCYCLOPaJDIAS, AND DIGESTS § 4 
 
 (f) Text-Books in General 
 
 While the division of Text-Books into classes is valuable because 
 it is of assistance to an understanding of the character of text- 
 books, the reader must not suppose that the division can be made 
 with precision. The line of demarcation betvireen the Student's 
 Text-Book or Handbook and the Text-Book Digest is particularly 
 vague. Almost every modern text-book belongs to one of these 
 two classes, which grade off into one another so gradually that it 
 is sometimes hard to say to which a particular book belongs. The 
 solution of the question depends on whether the object of such 
 book is chiefly to cover the subject clearly and briefly, or is to make 
 accessible the case law on that subject. The topic of a book of 
 either class is broad and general, like "Contracts," "Torts," "Crim- 
 inal L,aw," or "Pleading," whereas a book or article on some nar- 
 row subject, like "The Fellow Servant Rule," or "Judicial Con- 
 struction of the Fourteenth Amendment," is more properly a mono- 
 graph. A treatise may have as its subject a broad main division of 
 the law, or may cover the whole law comprehensively, like Black- 
 stone's Commentaries. 
 
 § 4. Encyclopaedias 
 
 An encyclopaedia of law is a collection of comprehensive articles, 
 which attempt to cover the entire body of law. Encyclopaedias 
 might perhaps be regarded as coming within the general classification 
 of text-books ; but in their latest development they partake of the na- 
 ture of both text-books and digests and are intermediate between these 
 two great classes of books. 
 
 In order to come within the realm of practicability, a modern en- 
 cyclopaedia must avoid duplication, and, because of the immense mass 
 of the common law, this requires a very detailed analysis and classifica- 
 tion similar in character to that of a general digest. This is required, 
 also, by the character of the service which it is designed to give. 
 
 The purpose of an encyclopaedia of law is to supply in the form 
 of text and notes the whole body of the law, together with com- 
 plete citations to all the authorities. The reader of a work of 
 this kind must not look to find much beyond bare statements of 
 established legal doctrine, arranged in an orderly manner, without 
 attempt at explanation or detailed illustration, or any discussion of 
 the authorities; the aim being to cover, somewhere and in some 
 manner, all the findings of law in the reports. The encyclopaedia 
 idea is not original to modern law publishing. It has been in use 
 more or less since the time of Justinian, and it is justly recognized 
 as an excellent method for ascertaining the law and investigating 
 authorities. , 
 
 Brief Mak.(3d Ed.) — 5 65 
 
§ 4 WHERE TO FIND THE LAW (Part I 
 
 (a) The American and English EncydopcEdia of Law 
 
 The encyclopaedic form of law books was first introduced in 
 this country in a large way some years ago by the publication of 
 a work known as the American and English Encyclopaedia of Law 
 (First Edition). This set of books, purporting to cover the entire 
 field of modern law, was completed in 1895 in 29 volumes. When 
 the set was about three-fourths published the publishers decided 
 to issue a new encyclopedia, to be limited in its treatment to the 
 law relating to pleading and practice, and they consequently omit- 
 ted this portion of their material from the remaining volumes of 
 their Encyclopaedia of Law. The new work was completed in 
 1902 in 23 volumes, and published under the title of the Encyclo- 
 paedia of Pleading and Practice. 
 
 A new series was begun by the same publishers upon the com- 
 pletion of the first set. This fatter work, which was completed in 
 1905 in 32 volumes, treats the substantive law only, and is called 
 the American and English Encyclopaedia of Law (Second Edition). 
 
 Soon after this the publishers of this encyclopaedia, recognizing 
 the fact that the attempt to separate the substantive law and the 
 procedure was not satisfactory in its results or not popular with the 
 profession, began the publication of a new or third edition, in which 
 the substantive law and the procedure were to be recombined. The 
 title given to the new edition was the American and English En- 
 cyclopaedia of Law and Practice. It was expected that this edition 
 would be completed in about 55 volumes, the compilation of which 
 would require about 11 years. When three or four volumes had 
 been brought out, publication was permanently suspended. 
 
 Though these encyclopaedias purported to cover both American 
 and English law, their treatment of the English law was of neces- 
 sity meager and to a certain extent superficial. They were not in 
 any sense encyclopaedias of English law, but at best illustrate the 
 rules of American law by reference to corresponding rules in the 
 English law and by occasional citations to English cases. 
 
 (b) The Cyclopadia of Law and Procedure 
 
 The separating of the law of pleading and practice from the sub- 
 stantive law, and publishing it in a separate series of books, was, 
 commercially speaking, a success; but with the profession the re- 
 sult was not popular, for the reason that much matter contained 
 in the volumes of one series was duplicated in the volumes of the 
 other, while neither series sought to cover the entire field of the 
 law. 
 
 To meet the demand for an encyclopaedia of law that would treat 
 all the substantive and all the adjective law together, the publica- 
 tion of a new encyclopaedia was begun by a new company formed 
 for that purpose, and in 1901 the first volume of the Cyclopaedia of 
 
 66 
 
Ch. V) TEXT-BOOKS, ENCYCLOPEDIAS, AND DIGESTS § 5 
 
 Law and Procedure was published. This new work (which has come 
 to be commonly known and cited as "Cyc") is now completed, 
 and covers the entire field of law under some 440 main titles. .The 
 work is as complete and accurate as it is possible for a publication 
 of this class to be.^ It fills 40 large volumes. 
 
 (c) Same — Cyc. Annotations 
 
 For the purpose of bringing the authorities cited as nearly as 
 possible down to date, there is issued each year a volume of "Cyc. 
 Annotations." This volume, by proper references to the article, 
 page, and footnote (by number), seeks to correlate the cases de- 
 cided since the article was published with the propositions of law 
 stated in the text. (See Reference Book, pp. 737 to 744.) These an- 
 notations are cumulated from year to year ; the last volume of "Anno- 
 tations" containing the new cases from the date of publication of 
 the article. The use of both Cyc. itself and of the Annotations 
 will be described in subsequent chapters. 
 
 (d) Same — Cyc. Index and Concordance 
 
 An index has just been published for Cyc. It is similar in its 
 general plan to the Descriptive-Word Index to Key-Numbers and 
 its method of use is analogous to the method of using that pub- 
 lication. This new "Cyc. Index and Concordance," as it is entitled, 
 is also similar in general character to the better sorts of text-book 
 index, but is more elaborate and detailed. Its publication has had the 
 effect of very materially simplifying and improving the use of Cyc. 
 itself as a means of locating authorities in point. 
 
 (e) Miscellaneous Encyclopedias 
 
 The encyclopaedia plan has also been applied to the treatment 
 of a single subject, as in the "Cyclopedia of Evidence," and to a 
 single series of reports, as in the "Encyclopaedia of United States 
 Supreme Court Reports." 
 
 § 5. Same — English Encyclopaedias 
 
 There are two well-known encyclopaedias of English law. One 
 of these is known as Halsbury's Laws of England, the first volume 
 of which was issued in 1907. This work, which is to be completed 
 in 20 volumes, has been prepared under the editorship of the Earl 
 of Halsbury, who was Lord High Chancellor of Great Britain from 
 1885 to 1892 and from 1895 to 1905. The plan of the work is to 
 supply a consolidation or complete statement of the law of Eng- 
 land as it exists at the present time. 
 
 The other encyclopsedia is known as the Encyclopedia of the 
 Laws of England, Second Edition, and is issued under the editor- 
 
 5 Some articles were written by a special staff of trained expert editors ; 
 others were prepared by leading legal authorities, educators, and lawyers, 
 with the assistance of the regular staff. 
 
 67 
 
§ 6 WHERE TO FIND THE LAW (Part I 
 
 ship of Mr. Justice Wood-Renton. It consists of 15 volumes, the 
 last of which contains a table of cases cited and a not very detailed 
 index. Besides containing a series of articles on the various 
 branches of the law, it also includes a comprehensive collection of 
 forms and precedents under their appropriate headings. 
 
 § 6. Digests 
 
 An important and numerous class of books included in the gen- 
 eral division designated as books of secondary authority is the 
 group known by the generic name of "Digests." A Digest is es- 
 sentially an index to Cases. But it is much more than an ordinary 
 index, for it indicates the holdings and (in some, though not all, 
 publications) the facts of each case. Any particular digest is a 
 summary of the case law coming within its scope, and its units 
 are summaries of particular points of particular cases. What the 
 syllabi of a reported case are to that case, a digest is to many cases. 
 Were a digest simply a collection of citations to cases, arranged 
 logically according to the contents of such cases, it would be a 
 search book; but, being a summary of the case law, it is a book 
 of secondary authority. 
 
 The units of which it is composed are the "digest paragraphs" — 
 each one being a summary of a single point in a single case and 
 similar in character to a headnote or syllabus paragraph." These 
 are prepared from analysis of the reported cases. They are ar- 
 
 Properly speaking, every point decided in a case sliould be represented 
 in the report by a syllabus or headnote paragraph. In the early days of 
 law reporting the cases were very inadequately and incompletely edited. Law 
 publishing and editing were in their infancy, and even the best reports of 
 the period were unscientific; and there were few reporters whose work was 
 characterized by a consistent system. Many points which should have been 
 made the subjects of separate syllabi were either overlooked entirely or com- 
 bined with the principal point in a single syllabus paragraph. Little attempt 
 was made to separate or distinguish clearly between points by means of typo- 
 graphical devices. 
 
 In the development of the National Reporter System and the American Di- 
 gest System, modern theories of reporting and digesting were worked out, 
 not all at once, but gradually, until both were systematized and made con- 
 sistent, and were finally correlated to each other. Digesting is a branch of 
 legal editorial work which offers great difliculties, and requires expert train- 
 ing such as few individual editors possess. While the indexing of individual 
 volumes of state reports has improved very markedly, in method and sys- 
 tem it is seldom, if ever, possible properly to correlate it to the preparation 
 of local digests, ovsdng to the diversity of editorship. For similar reasons, 
 there is often little or no correlation between the successive volume indexes 
 in an official series of the reports of a state, and as between different states 
 none is possible at all. Obviously, such correlation is possible only where an 
 editorial system exists free from any local control and safe from alteration 
 at the whims of any individual, as in the National Reporter System, the 
 American Digest System, Lawyers' Reports Annotated, and a few other cur- 
 rent publications of national scope and importance. The importance of prop- 
 er correlation between reporting, indexing (of individual volumes of reports), 
 and digesting will be seen from study of the practical use of law books dis- 
 cussed in Part II of this volume. 
 
 68 
 
Ch. V) TEXT-BOOKS, ENCYCLOPEDIAS, AND DIGESTS § 6 
 
 ranged in a logical manner, according to a scheme or classification, 
 under subjects and divisions of subjects, in a manner designed to 
 render them accessible. 
 
 The chief purpose of a digest being to make the contents of the 
 reports accessible — to enable the attorney readily to find in the 
 mass of the case law such cases as are in point on the specific ques- 
 tion he is considering — it is obvious that the classification on which 
 his digest units (i. e., separate points decided in specific cases) are 
 arranged is a matter of supreme importance. The classification is 
 in a sense the table of contents of a digest. It must be a logical 
 development of heads and subheads. The degree to which the 
 subdivision of a head is carried must depend upon the amount of 
 matter to be placed under it; but the preparation of the classifica- 
 tion must precede the distribution or classifying of digest matter to 
 it, just as the frame of a house must be built before the walls, floor, 
 and roof can be put on.' 
 
 Another important feature of a modern digest is the Index. The 
 Table of Contents of a book is its logical classification. The index 
 supplies another and very important means of access to the same 
 contents. A large library will be arranged by subject and sub- 
 subject; but it will have an index by author as well. This gives 
 an analogy to the relation between the index and the classification 
 of a digest. Any good modern digest has an index or the equivalent 
 of an index, as will be explained hereafter. 
 
 A library will usually have an index to books by their title. Sim- 
 ilarly, a law digest will usually contain a Table of Cases Digested, 
 which serves a similar purpose. 
 
 Questions of Digest Classification, Indexing, etc., must be left 
 for consideration in the second part of this volume, but the fore- 
 going explanation will serve to show the reader the general char- 
 acter of this class of law books. 
 
 As already stated, their prime purpose is to make the case law 
 accessible. To any one beginning the study of the law, or to one 
 wishing to refresh his mind on the fundamental principles of any 
 branch of the law, a well-written text-book — one which states those 
 principles accurately and clearly — is of great service. It will help 
 him to see the relation of his own case to the law in general. That 
 is the special purpose of text-books of the briefer sort.* For a 
 more detailed statement of legal principles, the attorney will turn 
 to the larger and more elaborate text-books, or to the encyclopae- 
 dia of law. On the other hand, while the cases bearing on a par- 
 ticular question are to be found to a limited extent by the use of 
 text-books, and to a greater extent in the longer text-books and 
 
 7 See Chapter VIII, where the distinction between a digest and the classifica- 
 tion upon which such digest is built is fully treated. 
 » See discussion of Text-Books above in §' 3. 
 
§ 6 WHERE TO FIND THE LAW (Part I 
 
 the encyclopaedias, the most reliable and exhaustive method of 
 finding all the cases is by recourse to the digests, whose special 
 function it is to index the cases where they can be found. 
 
 Next to the statutes and reports, the digests are generally con- 
 sidered by lawyers as the most indispensable books. Naturally, 
 therefore, nearly every series of law reports has its digests. The law 
 student and lawyer should remember, however, not to rely on the 
 statements found in digests of law. reports as conclusive, any more 
 than on those found in a text-book or an encyclopaedia, without 
 verifying them by reference to the original reports, for the reason 
 that they are not the authorities themselves, but concise state- 
 ments or summaries of the points in the reported cases. Digests 
 are convenient manuals of reference, by which the reader may find 
 his way to the original cases which are the authorities ; but they 
 are not the authentic declarations of the law made by persons 
 whose statements are, by reason of their offices, authority in the 
 true sense. 
 
 (a) Historical — The United States Digest 
 
 At a very early day in the history of American law reporting, 
 the need of an adequate index to the reports was felt. Even as 
 early as 1847, when the number of volumes of state reports was 
 still less than 1,000, it became manifest that, in the absence of a 
 general index, the case law of the country was practically a sealed 
 book to the lawyer. To be sure, each volume of reports contained 
 its index; but it was impracticable, to say the least, for the law- 
 yer to search for his precedents through nearly a thousand different 
 indexes. This led to the publication, about 1850, of the United 
 States Digest, in 8 volumes, covering the reports of the state and 
 federal courts. This was supplemented by annual volumes. In 
 1870, when the total number of volumes was 31, there was a re- 
 compilation, bringing the 31 volumes into 14. This new compila- 
 tion was known as the United States Digest, First Series, and in 
 its turn was supplemented by annual volumes. 
 
 The establishment of the National Reporter System resulted 
 naturally in the publication of a digest of the reports included in 
 that system. The new publication (known as the American An- 
 nual Digest) was begun in 1887, and in one year practically drove 
 the United States Digest from the field. The publishers of the 
 American Annual Digest purchased the United States Digest, and 
 the American became the continuation of the United States Digest. 
 
 As these various digests were compiled on different plans or 
 schemes of classification, they were not satisfactory as a series. It 
 was possible, with the combined use of the United States Digest, 
 First Series, the New Series Annuals, and the American Digest 
 Annuals, to cover, in a fashion, the greater part of American case 
 
 70 
 
Ch. V) TEXT-BOOKS, BNCYCLOPiEDIAS, AND DIGESTS § 7 
 
 law; but it was not easy to do so, owing to the multiplication of 
 separate annuals, to the many alphabets which it was necessary to 
 look through in order to cover the ground thoroughly, and to the 
 fact that they were not all on a uniform plan of arrangement. 
 
 The simplest and easiest plan for remedying the difficulty, and 
 the one that would naturally suggest itself first, would be to rear- 
 range the matter in the various volumes of the Annuals that had 
 been published since 1870, so as to bring it under a single alphabet; 
 thus making a second series corresponding to the first. Such a 
 plan, however, would not have proved satisfactory to the profes- 
 sion; and at the same time the work in the earlier digests was lack- 
 ing in exhaustiveness and completeness, and in parts was very 
 unequal. What the legal profession really needed and demanded 
 was a compilation which should be a permanent and final digest of 
 all American case law — not a makeshift or a recompilation of past 
 makeshifts, but an ideal and exhaustive digest. To meet this de- 
 mand the publication of the Century Digest was undertaken, and 
 the foundation laid for the American Digest System. 
 
 Such is the history of general digesting prior to the publica- 
 tion of the Century Digest and the beginning of the American Di- 
 gest System. The reader should carefully distinguish between 
 the foregoing description of former digests, which is purely his- 
 torical, and the description which follows and is applicable only 
 to present conditions. The United States Digest and the old Amer- 
 ican Annuals have passed into oblivion. They are no longer of 
 any practical value, or, indeed, of interest, except from the point of 
 view of the historian. 
 
 § 7. Same — The American Digest System 
 
 The American Digest System is a complete system of digests 
 covering the whole body of American case law, in a series of di- 
 gests, all compiled on the same plan or scheme of classification 
 of the law, and closely connected with each other, not only serially, 
 but also by certain typographical and editorial devices which will 
 be explained in the proper place. Each digest belonging to the 
 system is itself a complete digest covering a specified period, and 
 no two overlap or duplicate each other. The system consists of 
 four elements or components, each distinct in itself, yet connected 
 with the other three. These components are: (1) The Centur}^ 
 Digest; (2) the Decennial Digest; (3) the American Digest, Key- 
 Number Series; and in addition there are supplements of a tem- 
 porary sort, known as (4) the Monthly Digest. 
 
 (a) The Century Digest 
 
 The Century Digest, as it is generally known — its full title be- 
 ing "American Digest, Century Edition" — though one of the com- 
 
 71 
 
§ 7 WHERE TO FIND THE LAW (Part I 
 
 ponent parts of the American Digest System, is a complete digest 
 in itself. In consists of fifty volumes, in which all American case 
 law, both state and federal, from 1658 to 1896, inclusive, is reduced 
 to digest form, under one topical arrangement. This digest covers 
 over one million distinct points of law, decided in about five hun- 
 dred thousand cases. 
 
 It would not be speaking too strongly to call the Century Digest 
 the most ambitious and important law publishing enterprise ever 
 undertaken. Without disparagement to such extensive reprints 
 as the American Decisions and the Federal Cases, or such com- 
 pendious publications as the various encyclopaedias of law, or even 
 the National Reporter System itself, it can be fairly stated that the 
 Century Digest, covering, as it does, the entire body of American 
 case law from the beginning for a period of more than two centu- 
 ' ries is the magnum opus of American Law. 
 
 The Century Digest brought the case law down to the end of 
 September, 1896. It was continued by the American Digest an- 
 nual volumes; the same classification and analysis being used as 
 in the Century. Thus for the first time the later digests were prop- 
 erly correlated to those which preceded it. The importance of this 
 uniformity of classification can hardly be overestimated. In 1899 
 the increasing number of cases decided had so increased the bulk 
 of the digest that it was found necessary to issue two volumes a 
 year. The volumes were designated by the letters A and B. Thus, 
 American Digest 1899A covered the period from October 1, 1898, 
 to March 31, 1899; 1899B covering the period from April 1, 1899, 
 to September 30, 1899. 
 
 (b) The Decennial Digest 
 
 At the end of ten years, eighteen volumes of continuations had 
 been issued. So rapid had been the increase in the number of 
 cases decided that these eighteen volumes contained nearly one- 
 third of the entire case law. Consequently, in 1906, a recompilation 
 of the eighteen volumes was begun, bringing them under one alpha- 
 betical arrangement. This recompilation is entitled the American 
 Digest, Decennial Edition, or briefly, the Decennial Digest, and 
 it is on the same classification as the Century Digest, which it 
 supplements. It covers the case law, both state and federal, from 
 October, 1896, to September, 1906, digesting about 225,000 cases. 
 It is complete in 25 volumes. 
 
 Besides digesting the case law for the period named, it contains 
 a complete table of American cases from 1658 to 1906, showing the 
 parallel citations of each case and under what topic and section in 
 the digest each of its various points are digested. The reader will 
 observe that this table covers the Century as well as the Decennial 
 
 72 
 
Ch. V) TEXT-BOOKS, ENCXCLOPiBDIAS, AND DIGESTS § 7 
 
 Digest. The use and effect of this table will be explained in a sub- 
 sequent chapter. 
 
 A detailed index has been issued in connection with the Decen- 
 nial, entitled the "Descriptive-Word Index." This also will be ex- 
 plained in the proper place in a later chapter. 
 
 (c) The American Digest, Key-Number Series 
 
 The Decennial Digest is continued and brought down to date 
 by the continuations, known as the American Digest, Key-Number 
 Series, of which about two volumes are published per year. Each 
 volume is a complete and distinct digest of all cases during the 
 period covered. The Decennial and these continuations are, of 
 course, compiled on the same scheme of classification as the Cen- 
 tury and Decennial Digests; the same topic headings and same 
 analysis being used.'* But with the Decennial and succeeding vol- 
 umes a new feature was introduced into the digests, in that the 
 section numbers, indicating the ultimate division of the topic, were 
 made uniform. In other words, the section numbers corresponding 
 to the final subdivisions of the classification are numbered in a con- 
 secutive series under each subject or topic in the Decennial, and in 
 the Key-Number Series each such section or final subdivision of the 
 permanent classification has the same number which it has in the 
 Decennial. By this simple device, the last step was taken to render 
 the digests of the system uniform. It is not a mere approximation 
 to uniformity, but uniformity in the strictest sense of the word. 
 And by reason of this it has become a simple matter for one who 
 understands the use of two mechanical devices to trace a given 
 rule from the Decennial Digest into the succeeding volumes of con- 
 tinuations by the section number under which the first case is 
 found, and back into the Century. 
 
 These continuations of the Decennial are not designated by the 
 year as those preceding them were.^" Instead, the volumes are 
 numbered consecutively, and are known as "Vols. 1, 2, 3, etc., 
 American Digest, Key-Number Series," or more briefly as the 
 "Key-Number Series." 
 
 (d) The Monthly Digest 
 
 There are published also advance sheets of the American Di- 
 gest continuations, known as the "Monthly Digest." As the name 
 indicates, they appear each month, and digest the cases reported 
 
 » For full explanation, see Chapter VIII, § 6 (e) et seq. 
 
 10 The volumes of the preceding series, from 1897 to 1906, inclusive, the pe- 
 riod now covered by the Decennial, were known as the American Digest 1901A, 
 190JB, 1902A, etc. The first few volumes of the Key-Number Series were 
 originally labeled in a similar manner, but the practice was very soon aban- 
 doned in favor of that referred to in the text 
 
 73 
 
§ 7 WHERE TO FIND THE LAW (Part I 
 
 during the preceding month. They are compiled on the same clas- 
 sification as the other digests of the system, and the uniformity of 
 section numbers to those of the Decennial will be found to exist 
 in these advance sheets also. 
 
 (e) Recapitulation 
 
 To sum up the situation briefly, there is now but one general 
 digest— that is to say, one digest system that covers all the deci- 
 sions of the state and Federal courts. This is the American Di- 
 gest System, covering the entire field of American case law from 
 the beginning, the component parts of which are : 
 
 (1) The Century Digest, which is complete in itself, in SO vol- 
 umes, digesting under one topical arrangement all American case 
 law from the earliest times to 1896. 
 
 (2) The Decennial Digest, which, though a continuation of the 
 Century Digest, is also a complete digest in itself, in 25 volumes, 
 digesting, under the same system of classification as the Century 
 Digest, all American case law from 1897 to 1906, inclusive. 
 
 (3) The American Digest, Key-Number Series, which consists 
 of successive supplements to the Decennial Digest from 1907 to 
 date, under the same classification, and published at the rate of 
 about two volumes per year. 
 
 (4) The Monthly Digest, advance sheets of the American Digest, 
 Key-Number Series, bringing the case law down to within about 
 a month of publication. 
 
 § 8. Uniformity and the Standard Classification 
 
 The accessibility and therefore the practical value of a digest de- 
 pends to a very great extent upon the character of the classifica- 
 tion, and the aids to the use of the digest which are based upon 
 its classification. Therefore, in a digest, as in an enc3xlop3edia, 
 the classification is all-important. It must be logical ; it must be 
 consistent; and, to make uniformity in digesting possible, it must 
 be permanent. 
 
 When a lawyer goes to a digest he is usually in a hurry. He 
 wants to find some particular point. If he understands the classifi- 
 cation, he can turn to the desired place without difficulty. Should 
 he approach the search blindly, with nothing more than a guess 
 to guide him, he will waste time, and probably miss the very author- 
 ities he has need of. It is not necessary that he should be familiar with 
 the details of the classification (though such familiarity will be of 
 value) ; but it is desirable that he should understand its nature 
 and the broad, simple principles which underlie its construction. Above 
 all, he must be fully conversant with the system of cross-references 
 and indexing, and with the tables which it contains. 
 
 There may doubtless be many different classifications of the law 
 
 74 
 
Ch. V) TEXT-BOOKS, ENCYCLOP.TDDIAS, AND DIGESTS § 8 
 
 equally logical and reasonable, but, for practical purposes, that ar- 
 rangement which is the most familiar is better than all others." 
 
 The lack of uniformity in arrangement in digests of law reports 
 has made the structure of each particular digest a separate prob- 
 lem to the lawyer, with the result that the confusion has long and 
 justly been a subject of complaint by the profession. The great 
 need of the American bar for years was a uniform classification 
 of the law, that would meet the requirements of all indexes and di- 
 gests, both local and general in their nature. This reform, which 
 was urged by the American Bar Association and by the different 
 state bar associations, could only be accomplished by the adoption 
 of a standard classification. For all purposes that classification 
 which, based on correct principles and developed logically, had been 
 applied in the only general digest, was the best — namely, the Amer- 
 ican Digest Classification. 
 
 Devised originally for the Century Digest, it has been consist- 
 ently followed in the subsequent parts of the American Digest 
 System, and by its logical consistency and practicability it has so 
 commended itself to other editors and publishers of digests that it 
 has come into common use, thus becoming, in reality as well as in 
 name, a Standard Classification.^^ 
 
 It has been applied, not only in the numerous digests of the Re- 
 porter System and in many state digests, but also in indexes to 
 several hundred volumes of the National Reporter System.^' 
 
 Moreover, the Standard Classification was made the basis of the 
 analysis of the law used in the compilation of Cyc, and is followed 
 therein as closely as the dififerences in the character of digests and 
 encyclopaedias would permit. 
 
 Indeed, having received the indorsement of the American Bar 
 Association and having been used in the preparation of so many 
 compilations, it is now the recognized standard, and its use and 
 consequently its value will increase greatly as time goes on.^* 
 
 11 To-day the correct theory of classification has been worked out, and 
 the work of an editor who does not conform to It should not be tolerated. 
 The underlying rules which govern digest classification are few and simple, 
 and it Is the application of those rules which makes the preparation of a di- 
 gest so dlfiicult a task. It Is doubtless true that great latitude for differ- 
 ences of opinion of all kinds exists, but uniformity between different digests 
 Is so important at this time as to outweigh all other considerations. 
 
 12 It is only proper to state, however, that the Standard Classification Is 
 protected by copyright. The owners have gladly permitted its adoption by 
 others, on request; but license from them is necessary in order to avoid In- 
 fringement of the copyright. 
 
 13 See lilst of Standard Digests and note preceding it, Appendix, Chap- 
 ter 6, list (g). 
 
 1* The searcher who approaches the American Digest System or other Key- 
 Number digest no longer does so through the Classification or Analysis, but 
 rather by the Descriptive-Word Index in the manner explained elsewhere. 
 While familiarity with the details of the Classification is not now necessary, 
 
 75 
 
§ 9 WHERE TO FIND THE LAW (Part I 
 
 § 9. Same — Miscellaneous Digests 
 
 Though there is only one general digest now published ^° — namely, 
 the American Digest System — there are numerous digests of particu- 
 lar series of reports, state or local digests, subject digests, etc., 
 some of which are worthy of special mention. 
 
 Among these is the digest of the United States Supreme Court 
 Reports recently issued by the publishers of the Lawyers' Edition 
 of those reports. This is a very complete compilation, in six volumes, 
 covering the United States Supreme Court Reports down to and 
 including Vol. 206. 
 
 There is also a digest of the United States Supreme Court Re- 
 ports, known as Rose's Digest, which has the special merit of be- 
 ing compiled on the Standard Classification Scheme. 
 
 All of the selected case series of reports have special digests 
 accompanying them. The L. R. A. Digests (Lawyers' Reports An- 
 notated), the Digest of the American and English Annotated Cas- 
 es, and Rapalje's Digest of the American Decisions and American 
 Reports are compiled each on a classification of its own. Green's 
 Digest of the American State Reports, however, is compiled on 
 the Standard Classification Scheme. There is also a separate di- 
 gest for the Federal Cases. 
 
 (a) Reporter Digests 
 
 There is a separate digest for each of the Reporters of the Na- 
 tional Reporter System. The earlier volumes of these digests are 
 not, of course, compiled on the Standard Classification Scheme, 
 because they were compiled and published before that scheme was 
 fully developed. Later volumes are, however, on the Standard 
 Classification Scheme, and the most recent volumes are key-num- 
 bered — in other words the identity of section numbers, which is 
 such an important feature of the Decennial Digest and American 
 Continuations, has been adopted.^' 
 
 (b) Local or State Digests 
 
 There is also for nearly every series of state reports a digest cov- 
 ering that series only. These digests are usually compiled by local 
 editors, with little or no experience in digesting. As a result there 
 
 yet the theory of Digest Classification is thought of sufficient interest to the 
 student of legal bibliography to justify the explanation of it which will be 
 found in Chapters XVII and XVIII of this volume. 
 
 15 Up to 1900 there was another, known as the General Digest, covering 
 the period from 1886. Since 1900, however, the General Digest has prac- 
 tically ceased to exist as a distinct publication ; its place being supplied for 
 several years by the American Digest current volumes bearing a third label 
 "General Digest Edition." It is now entirely extinct as a current publicfk- 
 tion. 
 
 i« See explanatory note preceding Chapter 6, Ust (g), of the Appendix; also 
 see Chapter 6, list (d). 
 
 76 
 
Ch. V) TEXT-BOOKS, ENCYCLOPEDIAS, AND DIGESTS § 9 
 
 is no uniformity in the different digests, and often great diversity 
 of classification between the original and the supplementary vol- 
 umes of the same series. 
 
 In some states, however, the superior advantages of the Stand- 
 ard Classification Scheme have been recognized. Many of the re- 
 cent state digests are compiled on that scherfie, making it practica- 
 ble to continue the supplementary volumes on the same plan as 
 the original. Thus, among others, there are now standard Digests 
 for Indiana,* Kansas,* Kentucky, Massachusetts, Michigan,* Mis- 
 sissippi,* Missouri, New Jersey,* Oklahoma,* Vermont,* Virginia, 
 West Virginia, Washington and Wyoming.^^ 
 
 Many of the digests that are compiled on the Standard Classifi- 
 cation have appended to each section a note showing where sim- 
 ilar cases will be found in the Century Digest, and also where the 
 general subject-matter of the section is discussed in Cyc. This 
 gives the brief maker using these digests a ready reference to sim- 
 ilar cases in other states.^* 
 
 In some of the more recent state digests " the Key-Number sec- 
 tion has also been introduced, as a result of which, because of the 
 identity of section numbers, these digests are directly connected 
 with the Decennial and other digests of the American Digest Sys- 
 tem and with the National Reporter System. 
 
 (c) Subject Digests 
 
 There are also some special subject digests — that is to say, di- 
 gests covering the law in one of its branches or subjects only. Of 
 this class may be mentioned Brandenburg's Digest of Bankruptcy 
 Decisions and Finch's Insurance Digest. These digests are com- 
 piled on classifications of their own. 
 
 17 The digests for the states starred in the text are Key-Number Digests, 
 as are the Key-Numbered supplements for most of the others. For a more 
 complete list of Standard Digests, see Chapter 6, list (g) of the Appendix. 
 
 1 8 It is only proper to remark, in order to prevent any misunderstanding, 
 that there are also a considerable number of digests which purport to follow 
 the Standard or American Digest Classification, but in which the classifica- 
 tion is modified and departed from so freely that they cannot be regarded 
 as Standard Digests. Some of them are in themselves excellent digests, but 
 to claim the merit of conformity thereto it is essential to follow the Stand- 
 ard Classification closely and in detail, and not merely to approximate it. 
 
 It must be understood that this discussion goes simply to the question of 
 digest construction — to the framework of a digest — and not to the distribu- 
 tion of digest paragraphs under the different topics and subdivisions there- 
 of. Absolute uniformity in the distribution of matter by different editors 
 working independently is inherently impossible, because no two editorial 
 forces will agree, in all instances, as to where a particular point of a par- 
 ticular case belongs under the same classification. The classification of mat- 
 ter is the most difficult of editorial work, requiring long experience and 
 training, and, in some instances, the most expert digest editors may reason- 
 ably differ. But the real requirements of uniformity are met by the adoption 
 of the Standard Classification in toto, and the other difficulties can be met by 
 a proper system of cross-references. See Part II, Use of Law Books. 
 
 77 
 
§ 10 WHERE TO FIND THE LAW (Part I 
 
 § 10. Same — English Digests 
 
 There are three digests of the English reports that are avail- 
 able to one desiring to search the English case law. Only one of 
 these, however, covers all the reports. This is Mews' "English 
 Case Law Digest," in 16 volumes, which covered the English case 
 law down to and including 1897. This digest was' continued by 
 the annual volumes entitled Mews' "Annual Digest." After ten of 
 these volumes had appeared they were recompiled in a decennial 
 edition, in two volumes, covering the years from 1898 to 1907, in- 
 clusive. 
 
 Butterworth's "Ten Years Digest" covers the same period as 
 the supplement to Mews' Digest (1898-1907). It is in four vol- 
 umes. It is continued by annual volumes of the "Yearly Digest" ; 
 quarterly advance sheets being issued in connection therewith. 
 
 There is also a "Law Reports Digest," of which three volumes 
 have been issued. 
 
 § 11. Character of Matter and Variation of Form in Books of 
 Secondary Authority 
 
 It has been seen in preceding chapters that all books of primary 
 authority are either statutes or decisions, and that they derive 
 their binding force from the fact that they are enunciations of the 
 law-made by persons who, by reason of their official status, have 
 authority to make or declare what the law is or shall be. 
 
 Books of secondary authority are the speculations of persons 
 without such authority as to the particular declarations of the law 
 in question. If the Lord Chancellor of England declares the law 
 "ex cathedra" in court on an occasion when he is required by the 
 duties of his office to do so, his statements are primary authority, 
 and therefore a report of his words, in so far as it is accurate, is a 
 book of primary authority ; but if he makes the same statements 
 at a dinner party, or if he includes them in a treatise on the law, 
 they then become secondary authority only, for they express his 
 private opinion, and are not the declarations of a court of law or a 
 legislative body. 
 
 It is safe to say that all, or very nearly all, books on secondary 
 authority, and certainly those compiled in recent times, are pre- 
 pared from similar material. This material consists of the essence 
 of decided cases — brief statements of the holdings or dicta in the 
 decisions. They are summaries of the law, with explanatory mat- 
 ter added in some instances. 
 
 This essence of the law, which is the material used in books of 
 secondary authority, is abstracted from the decisions by persons 
 acting only in a private capacity. The sanctity of legal authority 
 does not attach to it. This is true without regard to who the writ- 
 er may be, or what official position he may hold. Therefore the 
 
 78 
 
Ch. V) TEXT-BOOKS, ENCYCLOPEDIAS, AND DIGESTS § 11 
 
 quality of his material will vary with his ability, as also will the 
 persuasive authority attaching to his work. 
 
 In its simplest, unalloyed form, the material of which we speak 
 is found in syllabi in the reports, where its nature is obvious to 
 every one ; but it is of the same material, or of material prepared in 
 the same manner and from the same sources, that digests, encyclo- 
 paedias, text-books, and text annotations of all sorts are created. 
 The difference between these classes of books of secondary author- 
 ity lies, not in the character of the original substance, but in the 
 form in which it appears. 
 
 A digest is a collection of headnotes, or of paragraphs similar in 
 their original nature to headnotes. These paragraphs are classified 
 and arranged according to some definite plan or scheme previously 
 prepared. 
 
 The compilers of an encyclopsedia take similar material and 
 arrange it in a similar manner. Then, instead of giving the facts 
 and holding of each case stated separately, they group the cases 
 according to their purport, and proceed to generalize the holdings 
 in each group, thus making a continuous running text on the law. 
 In order to indicate the source of each general statement so made, 
 footnotes are added, indicating in what cases it is conceived that 
 the rule contained in the text has been applied. These footnotes 
 consist in large part simply of citations, but in many instances 
 there are added to the citation a few words or a few lines indic- 
 ative of the facts of the case. These show more specifically to 
 what state of facts the rule of law has been applied by the courts. 
 
 The form which this raw material of books of secondary au- 
 thority (of which the single syllabus paragraph may be regarded 
 as the original unit) takes in a text-book closely resembles that of 
 the encyclopaedia, but there are several important differences be- 
 tween the two classes of books. The text-book is never exhaus- 
 tive as to the whole body of the law, for it confines itself to a single 
 topic or branch of the law. Moreover, excepting in such mon- 
 umental works as Wigmore on Evidence or Cook on Private Cor- 
 porations, it is not sought to cover exhaustively the cases on the 
 particular subject of the work. Another difference is that some, 
 though not all, text-books undertake not merely to state in general 
 terms what the law is, but go further and theorize on the basis 
 and development of the law in a manner which would not be prac- 
 ticable in an encyclopaedia. Of course, such theoretical discussion, 
 though often instructive and suggestive, depends for its value 
 solely upon the reasoning powers and personal capacity of the 
 editor. It cannot derive even a vicarious authority, as being based 
 upon existing law evidenced by statutes and decided cases. At the 
 same time, it may add very materially to the value of the writer's 
 work. 
 
 79 
 
§ 11 WHERE TO FIND THE LAW (Part I 
 
 On the other hand, an encyclopaedia, like a digest, must rest for 
 its value solely upon its merits as an accurate sujnmary of the case 
 law of the jurisdiction or jurisdictions covered. 
 
 The annotations contained in an annotated series of reports are 
 merely secondary authority, like the syllabi^ which precede the 
 cases reported, though the reports themselves are primary author- 
 ity, because they contain the decisions to report which is their pri- 
 mary purpose. Annotations constitute still another form which the 
 material culled from the decisions may take. When a point in a 
 decision is annotated, the process of annotation consists of gath- 
 ering together brief statements of other cases on the particular 
 point covered by the annotation. These paragraphs, which are 
 similar to syllabi or digest paragraphs, are arranged so as to form 
 a sort of text. The L. R. A. note found on page 43 et seq. of 
 the Reference Book will serve to illustrate this method. As we 
 have indicated elsewhere, such annotations, when elaborate, con- 
 stitute something closely resembling digest of the cases covered. 
 
 § 12. Law Dictionaries 
 
 Somewhat akin to the encyclopaedia idea, although differing from 
 these books, in that they do not undertake to present the legal 
 principles which have been enunciated and applied by the courts in 
 their decisions, are the law dictionaries. These do not belong to 
 any of the three great classes of books of secondary authority which 
 we have been considering. They confine themselves to definitions 
 of legal terms, and are simply technical dictionaries for the use of 
 lawyers and law students. Their use is so obvious as to require no 
 explanation. 
 
 There are two classes of law dictionaries or glossaries: (1) 
 Those that adhere strictly to the giving of concise and reliable 
 definitions of technical terms used in law ; and (2) those that aim 
 to be something of a legal encyclopaedia on a meager scale, as well 
 as a dictionary. The best American examples of the first class are 
 Black's Law Dictionary and Anderson's Law Dictionary, both 
 one-volume works ; and of the second class, Bouvier's Law Dic- 
 tionary, published in two volumes. 
 
 § 13. Same — Words and Phrases 
 
 Similar to, yet difi^erent from, dictionaries is "Words and Phrases 
 Judicially Defined," an eight-volume publication brought out in 
 1904. Unique in character, it belongs to no particular class, but 
 fills the gap between law dictionaries and encyclopaedias and 
 digests. 
 
 It frequently happens that the solution of a legal problem turns 
 upon the meaning of a word or of a phrase. In these cases there 
 can be no appeal to general principles or to abstract reasoning. 
 
 80 
 
Ch. V) TEXT-BOOKS, ENCTCLOP.EDIAS, AND DIGESTS § 14 
 
 It is simply a question of the meaning of a word or phrase as used 
 in a particular connection, or under particular circumstances, and 
 is to be answered on authority. "What have the courts held this 
 word or phrase to mean under similar or other conditions of fact?" 
 
 Law dictionaries are primarily lexicons, and although they gen- 
 erally use judicial interpretations to some extent as illustrations, 
 none of them make any attempt at exhaustiveness. Moreover, they 
 confine themselves to technical legal terms, giving rather the accepted 
 general meanings than exact judicial constructions of words and 
 phrases whose significance is open to dispute. 
 
 A word requiring construction in the statute or other instru- 
 ment to be interpreted is most frequently not a technical legal term. 
 The publication "Words and Phrases" is pre-eminently a compila- 
 tion of legal definitions of words in everyday use, and this is one 
 of the characteristics which chiefly distinguishes it from law dic- 
 tionaries. The other major point of distinction lies in the fact that 
 it is a collection, not of abstract definitions, but of actual judicial 
 constructions placed upon words and phrases (whether technical 
 or not), the construction of which has been necessary to the deci- 
 sion of reported cases. About 132,000 such definitions and con- 
 structions taken from reported cases are included. 
 
 As additional words are constantly being brought up for judi- 
 cial construction by the courts, it was desirable to have some means 
 of supplementing "Words and Phrases" in order that the profession 
 might be informed as to the latest definitions or constructions by 
 the courts. To this end a special title was inserted in the Reporter 
 volume indexes and in the Decennial and Key-Number Series Di- 
 gests. Under this title are gathered in their alphabetical order all 
 the words defined in the cases reported in the particular Reporter 
 volume, or in the cases digested in the several digests, and appro- 
 priate references are given to the places where the definitions them- 
 selves will be found. 
 
 § 14. Periodicals 
 
 Standing on the same plane with text-books as sources of in- 
 formation are leading articles in law periodicals. Many of these 
 are of very real value, in that they treat some subdivision of a 
 subject with greater exhaustiveness than is possible in a text-book 
 covering the whole general subject. Among the periodicals that 
 may be consulted with profit are the American Law Review and 
 the Central Law Journal. Perhaps the most valuable of the law 
 periodicals, taking into consideration the character of the leading 
 articles and the standing of the writers thereof, are the reviews 
 published by some of the leading law schools, such as the Michigan 
 Law Review, the Harvard Law Review, the Pennsylvania Law 
 Review, the Yale Law Journal, the Columbia Law Review, and 
 Brief Mak.(3d Ed.)— 6 81 
 
§ 14 WHBEB TO FIND THE LAW (Part I 
 
 the Illinois Law Review (Northwestern University Law School). 
 These and other periodicals often contain, in addition to the leading 
 articles, valuable notes and comments on cases. The material con- 
 tained in the various periodicals is rendered accessible by various 
 indexes to legal periodicals, such as Jones' Index, Soule's Index, 
 and the Law Library Journal Index. 
 
 Such periodicals as we have mentioned are designed to aid the 
 lawyer in keeping in touch with the general trend of legal thought, 
 rather than to serve as the means of finding authorities in point 
 with a case which he is briefing. 
 
 82 
 
Ch. VI) SEARCH BOOKS § 1 
 
 CHAPTER VI 
 
 SEARCH BOOKS 
 
 { 1. Introduction. 
 
 2. General Nature and Purpose. 
 
 3. Kinds of Search Books. 
 
 4. Annotations. 
 
 (a) Rose's Notes on the United States Bepoita, 
 
 (b) L. R. A. Cases as Authorities. 
 
 (c) Notes to American Decisions. 
 
 (d) Cyc. Annotations. 
 
 (e) Miscellaneous. 
 
 5. Indexes. 
 
 6. Cltators and Citation Books. 
 
 (a) Federal Citations. 
 
 (b) Shepard's Citations and Cltators. 
 
 (c) The Cltator. 
 
 (d) L. R. A. Red Book. 
 
 (e) Miscellaneous. 
 
 7. Tables of Cases. 
 
 (a) Tables of Cases Reported. 
 
 (b) Tables of Cases Cited — In Text-Books. 
 
 (c) Same — In Reports. 
 
 (d) Tables of Parallel Citations. 
 
 (e) Same — Reporter Blue Books. 
 
 (f) Same — Reverse Front Tables. 
 
 (g) Same — Parallel Tables for Selected Case Series, 
 (h) Same — Miscellaneous Parallel Tables. 
 
 (1) Tables of Cases Digested. 
 
 0) Same — Decennial Table of Cases. 
 
 Ik) Tables of Cases Affirmed, Reversed, or Modified. 
 
 8. Tables of Statutes Construed. 
 
 § 1. Introduction 
 
 The preceding chapters have been devoted to a description of the 
 repositories of the law and the books which expound and explain 
 the law. It was pointed out that law books may be divided into 
 three general classes: (1) The books that contain the law itself, 
 including Statutes and Reports of Judicial Decisions — books of 
 primary authority; (2) the books in which the law is restated, 
 condensed, explained, or commented on, consisting chiefly of text- 
 books, encyclopaedias, and digests, but including also such annota- 
 tions as are not confined, or almost confined, to citing cases — books 
 of secondary authority; and (3) books which neither contain the 
 law nor statements or explanations of the law, but which are de- 
 signed to aid the lawyer in finding the law, and are, therefore, 
 classified under the general term of Search Books — books that may 
 be of assistance in the search for the law. It is to this class of 
 books that our attention may now be directed. 
 
 83 
 
§ 2 WHERE TO FIND THE LAW (Part I 
 
 § 2. General Nature and Purpose 
 
 As has been remarked, Search Books do not usually purport to 
 give any intimation of what the law is, and therefore, except in a 
 very few of them, which will be specifically mentioned, we do not 
 find any statement of legal propositions, or any 'attempt to apply 
 propositions of law to the facts in particular cases. As a rule 
 these books simply indicate to the investigator where he can find 
 certain cases, or certain collections of cases, presumably pertain- 
 ing to a general subject of the law, or give information regarding 
 cases or statutes other than their purport or contents. 
 
 Many of them are guideposts in the truest sense, giving the 
 searcher explicit directions as to the road he must travel to reach 
 a certain goal ; but a large proportion of them give him merely an 
 indication as to the general direction of his search, or a clew which, 
 if followed, may lead him to the authorities he desires to find. 
 
 Though in no possible sense of the term can these books be re- 
 garded as authority, or cited to support a statement of a principle 
 of law, it is nevertheless true that some of the most important, val- 
 uable, and constantly useful law books belong to this class. Thus, 
 parallel citation tables, tables of statutes, and citators belong to 
 this class! The Decennial Table of Cases is an excellent illustra- 
 tion of the important service which can be rendered by a Search 
 Book. 
 
 § 3. Kinds of Search Books 
 
 Search Books are not only numerous, but they are of various 
 kinds, each designed to serve one or more specific purposes. 
 They vary greatly in form ; but, notwithstanding this variety of 
 form, they may for practical purposes be divided into five classes: 
 (1) Annotations; (2) Indexes; (3) Citators and Citation Books; 
 (4) various sorts of Tables of Cases; and (5) Tables of Statutes 
 Construed. Some of these are very difficult to describe, and ,viiise- 
 quently any description of them must be in very general terms. 
 At present, we must be content with a somewhat general survey of 
 a few of the leading examples of each class, and for the purposes 
 of description particular publications that are types of the various 
 classes will be selected. It would serve no useful purpose to call 
 attention to all the numerous and varied forms of Search Books. 
 Some further description will be given when we come to those 
 chapters which deal with "How to Find the Law." 
 
 § 4. Annotations 
 
 One of the most important classes of Search Books is those in- 
 cluded in the category of Annotations. They are important and 
 valuable, in that they often purport to give, in very condensed 
 form, some indication of the law, deduced from the cases or stat- 
 utes, as well as to point out where similar cases can be found. 
 
 84 
 
Ch. VI) SEARCH BOOKS § 4 
 
 Thus they are closely allied to the books of secondary authority. 
 To this class belong most of the notes found in annotated editions of 
 statutes. This does not apply to such annotations as the longer 
 notes in the selected case series, which, as already pointed out, are 
 properly classed as secondary authority (see Chapter III, § 7i). 
 Some of the publications also which consist purely of annotations 
 might perhaps be regarded as secondary authority, though this is 
 doubtful ; and it has been deemed best to consider them in this 
 chapter rather than in Chapter V. The general form of these books 
 and the kind of information they give the investigator can more 
 easily be understood by reference to the exhibits contained in the 
 Reference Book, pp. 745 to 752. A more particular description of 
 some of the more important of these books is given below. 
 
 (a) Rose's Notes on the United States Reports 
 
 One of the most complete collections of annotations, and a val- 
 uable contribution to legal literature, is Rose's "Notes on United 
 States Reports." This work, issued in 1901, in twelve volumes, 
 exhaustively annotates every individual case decided by the Unit- 
 ed States Supreme Court, so far as the same has been cited in 
 subsequent cases decided in any of the federal or state courts. 
 Each case is critically analyzed, and every legal proposition laid 
 down by the Supreme Court of the United States is annotated sep- 
 arately, showing how it has been applied, followed, limited, criti- 
 cised, etc. The cases are arranged chronologically. Under each 
 case are given syllabi of the points decided, with notes based upon 
 and collecting all the subsequent citing cases appertaining thereto ; 
 each note being appended to the particular syllabus paragraph to 
 which it refers. The set is brought down to date by supplementary 
 volumes. 
 
 (b) L. R. A. Cases as Authorities 
 
 There was issued in 1905, in connection with the Lawyers' Re- 
 ports Annotated, a supplement, in four volumes, known as "L. R. A. 
 Cases as Authorities," which takes up the cases reported in the 
 first 50 volumes,"^ and traces their history, showing where they 
 have been used as authority in subsequent cases in all the courts, 
 and how regarded. There is given, also, a brief digest statement of the 
 holdings in these following cases upon the points in issue, thus sup- 
 plementing the earlier decisions and their annotations with the 
 later cases more or less affected by them. In addition to the cita- 
 tions by the courts of each L,. R. A. case, there is also noted every 
 
 1 See ('hapter III, § 7 (a), as to Extra Annota^ted Fdition of L. K. A. Also 
 see Chapter XIV, § 8(a1. A new edition of L. R. A. Cases as Authprities is in 
 course of preparation. It will cover volumes 1-70 L. R. A., instead of the 
 first 50 volumes ouly. 
 
 85 
 
§ 4 WHERE TO FIND THE LAW (Part I 
 
 citation thereof in subsequent annotations of the Lawyers' Re- 
 ports Annotated down to 1905. The affirmance or reversal of any 
 of these cases by the Supreme Court of the United States is also 
 shown. The reader will observe that this set is of much the same 
 character as a citator, but with text indicative of what point the L. 
 R. A. case was cited on, and the character of the citing case. An ex- 
 hibit from this publication will be found in the Reference Book, 
 p. 745. 
 
 (c) Notes to American Decisions 
 
 Reference has been made in Chapter III to the new extra-an- 
 notated edition of the American Decisions and American Reports. 
 The additional annotations that are included in the new edition 
 are also published in separate book form. They are in the same 
 form and follow the same plan as the "L. R. A. Cases as Author- 
 ities," described above, being designed as a means to supplement 
 the original annotations by connecting them with later cases in 
 point. 
 
 (d) Cyc. Annotations 
 
 An annual volume known as "Cyc. Annotations" is published in 
 connection with the Cyclopaedia of Law and Procedure. Its pur- 
 pose is to supplement an article in Cyc. by appropriate references 
 to the cases pertaining to the subject decided since the publication 
 of the original article. These subsequently decided cases are cor- 
 related to the proper statements in the text of the article, by ref- 
 erences to the page and footnote (by number). These annotations 
 are cumulated from year to year, so that the latest annual volume 
 of "Annotations" contains the references to later cases since the 
 publication of each article in Cyc. itself." 
 
 (e) Miscellaneous 
 
 In addition to the annotations of a general character described 
 above, there are a number of annotations of local state reports. 
 Rose's "Notes on Texas Reports" is compiled on a plan similar to 
 the "Notes on United States Reports." There is also "Notes on 
 California Reports" on a like plan. Herron's "Texas Citations" and 
 Hank's "Annotations to Virginia Reports" are other examples of 
 this class of Search Books. In Indiana there is published "Notes 
 to Statutes," which are, of course, annotations of the Indiana stat- 
 utes. 
 
 Indeed, it might be said that all annotations of statutes and re- 
 ports should be included in the general category of Search Books. 
 While the statutes and reports are in themselves repositories of 
 the law, the annotations 'appended to the sections of a statute or 
 
 2 See Chapter V, § 4 (c). 
 
 86 
 
Ch. VI) SEARCH BOOKS § 6 
 
 to the reported cases are not authority in the legal sense, and, ex- 
 cept in such instances as the notes in L. R. A., etc., they do not 
 go into sufficient detail to be classed as summaries of the law, and 
 should therefore be classed as Search Books rather than as second- 
 ary authority. The "Indexes to Notes," published in connection 
 with the various sets of annotated reports, are, of course, to be 
 included under the head of Search Books. 
 
 § 5. Indexes 
 
 The most familiar kind of Search Book is the index. The word 
 "index," as applied to law books, is used in various senses. In 
 one sense a digest is an index, and consequently might be classed 
 as a Search Book. But, as digests ordinarily give information as 
 to what the law is, they occupy a higher plane than that of mere 
 Search Books. As to the index-digests which appear in the sev- 
 eral volumes of any reports, these should in general be classed 
 with regular digests. For instance, the index-digests in the Re- 
 porter volumes are regular digests of the cases contained in the 
 several volumes, containing adequate statements of all points of 
 law decided therein.' Such indexes serve a twofold purpose, that 
 of an index and that of a digest. The same statement applies to the 
 index-digests in the several volumes of L. R. A., American State 
 Reports, etc. 
 
 On the other hand, in many sets of reports, the index-digests 
 are so meager as to give the investigator merely a general no- 
 tion of the subject-matter of the cases cited, and little or no indica- 
 tion of the principles of law involved. These and a few regular 
 state digests compiled in much the same manner should be classed 
 as Search Books rather than books of secondary authority. 
 
 Generally speaking, however, the word "index" is used to mean 
 a subject-index; that is, such indexes as are found in text-books, 
 statutes, etc. Though seldom published in separate volumes, these 
 may nevertheless be fairly classed as Search Books. Practically 
 all of the important sets of law books of national scope, how- 
 ever, have indexes, and these are usually published in separate 
 volumes. Among these may be mentioned the index to the Century 
 Digest, contained in volume 50 of that set ; the Descriptive-Word 
 Index recently published for use in connection with the Decennial 
 and other Key-Number Digests; and the new Cyc. Index. In- 
 dexes to Notes, which are issued in connection with the various 
 Selected Case Series, also deserve special mention. Like the in- 
 dexes just referred to, they are a form of subject-index and cover 
 
 8 See Chapter XI, §§ 6 and 11, where the Reporter indexes, or more properly 
 index-digests, are explained. The volume indexgs of L. R. A., the Trinity Series, 
 and other standard sets of reports are also digests rather than indexes in 
 the narrower sense. 
 
 87 
 
§ 6 WHERE TO FIND THE LAW (Part I 
 
 annotations to the several series. These indexes bear the same 
 relation to the annotations that a digest index does to the digest.* 
 
 § 6. Citators and Citation Books 
 
 The class of Search Books known as "Citation Books," though 
 designed to serve the same purpose as the "Annotations" above 
 described, which seek to trace the judicial history of a reported case 
 and afford a means of valuing authorities, differs very materially 
 in form and detail. Citation books do not undertake to indicate 
 the points decided in the case annotated, nor do they indicate by 
 any text, note, or summary the nature or application of the hold- 
 ings in the citing cases. They give the investigator bare citations 
 to the subsequent cases in which the principal case has been cited, 
 employing a system of signs to indicate the fact whether the citing 
 case explains, follows, limits, distinguishes, or overrules the prin- 
 cipal case. These Citation Books are quite numerous, and it would 
 serve no good purpose to attempt to describe them all. A list of 
 them will be found in Chapter 5 of the Appendix. The general 
 form of these books is also shown in the Reference Book, pp. 
 705-736. Specific reference may, however, be made to one or two 
 of the most important books of this class. The manner of using 
 them will be explained in Chapter XV. 
 
 (a) Federal Citations 
 
 Ash's "Federal Citations," in four volumes, shows where each 
 case decided in the United States Circuit Courts of Appeals, Cir- 
 cuit Courts, District Courts, and Court of Claims has been subse- 
 quently cited in the United States Supreme Court Reports, Fed- 
 eral Cases, Federal Reporter, or in the state reports. It also shows 
 where any cases contained in the state reports have been cited in 
 subsequent cases arising in any of the federal courts. The period 
 covered is from 1789 to 1901. 
 
 (b) Shepard's Citations and Citators 
 
 There is a series of Citation Books known as "Shepard's Cita- 
 tions." They cover, in separate volumes for each, a large number 
 of sets of reports, including the United States Supreme Court Re- 
 ports, several of the Reporters of the National Reporter System, 
 and about 40 of the states. The preparation and publication of 
 these volumes of citations has been reduced to a system. The 
 provision for keeping each publication down to date is one of its 
 most important features. Supplements are issued at quarterly 
 intervals for each publication, so as to include the citations in cur- 
 rent reports. As the supplements are cumulative, only the original 
 volume and the latest supplement need be examined. 
 
 * See Chapter XIV, S§ 2, 4, and 5, Use of Selected Case Series, indexes .o 
 notes ; also see Illustrative pages in Reference Book, pp. 67.S-692. 
 
 88 
 
Ch. VI) SEARCH BOOKS § 7 
 
 One recent improvement in these books is the introduction of 
 the Key-Number, showing where the citing case is digested in the 
 American Digest System. 
 
 The more recently prepared of these go much farther than merely 
 indicating in what subsequent cases a particular case has been 
 cited. They give various other information which will aid the 
 investigator in his search and in estimating the value of a case 
 as authority, by employing a system of signs to indicate the fact 
 whether the citing case explains, follows, limits, distinguishes, or 
 overrules the principal case. 
 
 (c) The Citator 
 
 There is another series of Citation Books known as "The Cita- 
 tor." In this, also, separate volumes are issued for the several 
 states, and the series covers twelve states. The Citators are com- 
 piled upon a plan closely similar to that of Shepard's Citations, and 
 by means of a system of code signs show whether the citing cases 
 overrule, follow, limit or distinguish, etc., the cited cases. Cumu- 
 lative quarterly supplements are issued for the several citators, to 
 keep the original volumes constantly down to date. 
 
 (d) L. R. A. Red Book 
 
 In this connection should be mentioned also the "L,. R. A. Red 
 Book." This is a Citation Book designed to show where any case 
 reported in the Lawyers' Reports Annotated has been cited in the 
 notes to a case subsequently reported in that series. An exhibit 
 from this volume will be found in Reference Book, pp. 753-756. 
 All or the greater part of the contents of the Red Book is dupli- 
 cated in the "L. R. A. Cases as Authorities," described above in 
 § 4 (b). 
 
 (e) Miscellaneous 
 
 In various states, special Citation Books have been published. 
 Naturally, they vary greatly in accuracy, thoroughness, and gen- 
 eral excellence. 
 
 As with many other Search Books, the use of all Citation Books 
 is subsidiary to that of other publications. They are not books 
 in which to begin a search for precedents, but may be used to sup- 
 plement a search begun in books of secondary authority, or in the 
 statutes. In Chapter XV, the use of citation books is fully dis- 
 cussed, and the Reference Book contains pages illustrative of their 
 construction. 
 
 § 7. Tables of Cases 
 
 Tables of cases, though not always published as separate books 
 or volumes, may nevertheless be fairly regarded as falling within 
 the general class of Search Books. These tables appear in four 
 or five general forms: (1) Tables of cases reported; (2) tables 
 
 89 
 
§ 7 WHERE TO FINI> THE LAW (Part I 
 
 of cases cited ; (3) tables of parallel citations ; (4) tables of cases 
 digested; and (5) tables of cases affirmed, reversed, or modified. 
 The purpose and use of these various tables will appear from time 
 to time in subsequent chapters, when we come to discuss the meth- 
 ods of finding the law. At this point only a general description of 
 their form and purpose will be given. 
 
 (a) Tables of Cases Reported 
 
 These are lists of cases reported in a particular volume of re- 
 ports, and are usually to be found in the front part of the volume. 
 The purpose is, of course, to aid the lawyer in finding a particular 
 case of which he has the title, but not the citation, or for which he 
 has an erroneous citation. For example, if he has been referred 
 to the case of Cragg v. Levinson as an Illinois case, decided early 
 in 1909, he can, by examining the tables of cases contained in the 
 volumes of Illinois reports of about that time, soon determine that 
 the case is reported in 238 Illinois, page 69. So, too, suppose he 
 had been cited to Cragg v. Levinson, 238 111. 96. Turning to that 
 page, he would have found that the case he was referred to is not 
 reported on that page. Consulting the table of cases reported 
 will, however, give him the correct page, 69. 
 
 Such tables are to be found in all state reports, in the National 
 Reporter System, in the selected case series, and in the special re- 
 ports. Tables of cases reported are usually direct — that is to say, 
 the titles of the cases are given as they appear in the case, alpha- 
 betically arranged by the name of the appellant. But in some ta- 
 bles the reverse titles are also given — that is to say, the title is also 
 given in a reversed form, with the name of the defendant or re- 
 spondent first, as in the tables in the bound volumes of the Na- 
 tional Reporter System and the tables for the Federal Cases con- 
 tained in the Federal Cases Digest. 
 
 Some series of reports have cumulative tables of cases reported, 
 published in separate volumes. This puts the list of cases in a 
 very convenient form, and reduces to a minimum the labor of 
 locating a particular case in the volumes of the series. For exam- 
 ple, such a separate cumulated table is of special value when the 
 investigator wishes to ascertain whether a particular case appears 
 in one of the selected case series, for it enables him to get this 
 information without the necessity of looking in the tables of a 
 large number of separate volumes. Tables of this kind have been 
 prepared for the Lawyers' Reports Annotated, the American State 
 Reports, and the American and English Reports Annotated, and 
 will be found either published by themselves or in the digests of 
 those series. The table of cases in the Decennial Digest will per- 
 form the same service in connection, not only with all Reporters 
 and State Reports, but also with the selected case series. 
 
 90 
 
Ch. VI) SEARCH BOOKS § 7 
 
 In general, it may be said that, if no table of cases reported is 
 available, the table of cases digested contained in the digest to the 
 particular series of reports can be resorted to for the desired in- 
 formation. 
 
 For example, suppose the investigator has been cited to the case 
 of Nichols V. Peck, 70 Conn. 439, and desires to locate it in one of 
 the selected case series, if possible. By examining the tables of 
 cases in Green's Digest of the American State Reports or the L. 
 R. A. Digest, the case of Nichols v. Peck may be located in 66 
 Am. St. Rep. 122, and in 40 L. R. A. 81. 
 
 (b) Table of Cases Cited — In Text-Books 
 
 In nearly all text-books, tables are found showing what cases 
 have been cited by the author in his text or in the footnotes. These 
 tables are useful for the purpose of discovering comments on a 
 particular case, and thus getting information by which the case 
 may be valued as authority. They also aid one to discover a text- 
 book discussion of the principle involved in a known case. When 
 such discussion has been located, additional case;s more or less in 
 point will frequently be discovered in the footnotes. For these and 
 other purposes, such a table is often available. Their use is ex- 
 plained and illustrated in a subsequent chapter on the methods of 
 using text-books. 
 
 (c) Same — In Reports 
 
 In some reports, also, tables of cases cited in the cases reported 
 therein are included. The purpose of such a table is, of course, to 
 lead the investigator to other cases involving the same principle 
 as that which he has discovered in his previous search. Some 
 years ago these tables were usually included in reports, and they 
 may still be of value. As a rule, however, they have been supersed- 
 ed by the use of Citation Books, which give similar information in 
 a far more convenient and available form. 
 
 (d) Tables of Parallel Citations 
 
 As there are several systems of publishing decisions of the courts 
 of this country, and as these reports duplicate each other to a very 
 considerable extent, the custom of giving parallel citations has 
 grown up in recent years among law publishers. That parallel ci- 
 tations should be given is an important matter to the profession, 
 since it greatly increases the convenience of using all classes of 
 books. Therefore, in buying a new law book of any kind, one of 
 the first things to be observed in testing the thoroughness of the 
 work is whether it contains parallel citations to the different series 
 of standard reports. Practically all, if not all, important law pub- 
 lishing houses now make a point of including the parallel citations. 
 In text-books particularly the omission of them is to be regarded 
 as an indication of inferior work. 
 
 91 
 
§ 7 WHERE TO FIND THE LAW (Part I 
 
 This view having prevailed only in recent years, there are still 
 many text-books which do not contain citations to the various sys- 
 tems of reports in which the cases cited will be found. For this 
 and other reasons, occasions will often arise when citations to 
 more than one set of reports are desired. For the purpose of meet- 
 ing this need, Tables of Parallel Citations have been compiled for 
 use in connection with each standard set of nonofficial reports. 
 These tables give, with or without the title of the case, the citation 
 for each case in the official report and the corresponding citation 
 in one or more of the nonofficial series. 
 
 (e) Same — Reporter Blue Books 
 
 A good example of the parallel citation tables is found in the Blue 
 Books of the National Reporter System, illustrations of which may 
 be found in the Reference Book, pp. 765 to 788. 
 
 It often happens that, when a case is cited from the official State 
 Reports only, it is desirable to find the case in the volumes of the 
 National Reporter System. This is easily accomplished by means 
 of the Reporter Blue Books, published in connection with each Re- 
 porter. These books are arranged alphabetically by state, and un- 
 der each state by volume number of the state reports. They con- 
 tain tables of cases in the volumes of State Reports issued since 
 the establishment of the Reporter, showing the page where each 
 case begins, arranged in numerical order. Opposite this are given 
 the page and volume of the Reporter where the case is to be found. 
 The Blue Books also contain alphabetical tables of the cases in 
 State Reports, with the proper Reporter citation for each. For ex- 
 ample, if the case of Nichols v. Peck is cited as 70 Conn. 439, and 
 it is desired to look up the case in the Reporters, go to the Blue 
 Book of the Atlantic Reporter (Reference Book, p. 765), turn to 
 the table of cases for volume 70 Connecticut Reports, and in this 
 table, opposite the number 439 will be found cited volume 39 Atl., 
 page 803, which is the correct Reporter citation of the case in 
 question. The Blue Books are continued and kept up to date by 
 "blue tables" placed at the back of the current bound volumes of 
 the several Reporters. 
 
 These tables are used in translating an official citation into the 
 corresponding Reporter citation. 
 
 (f) Same — Reverse Front Tables 
 
 There is also issued for each volume of the Reporters a table 
 known as the "Reverse Front Table." These tables are skeleton 
 tables — i. e., showing merely volume and page of the reports, with- 
 out the title. They should be found pasted on the inside of the 
 front cover of the Reporter volume. The purpose of these tables 
 is to translate a Reporter citation into a state report citation. For 
 example, if the case of Nichols v. Peck is cited as 39 Atl. 803, and 
 
 92 
 
Ch. VI) SEARCH BOOKS § 7 
 
 the state citation is desired, turn to the Reverse Front Table, past- 
 ea in the front of volume 39 of the Atlantic Reporter, and opposite 
 tae page number 803 will be found the state citation, 70 Conn. 439. 
 This illustration may be followed by turning to the Reverse Front 
 Table in the Reference Book, p. 789. 
 
 (g) Same— Parallel Tables for Selected Case Series 
 
 A parallel citation table has also been published for each of the 
 selected case series. Illustrative pages from the tables for the 
 Lawyers' Reports Annotated will be found on pages 758 through 
 760 of the Reference Book, and on pages 761 through 764 are illus- 
 trative pages from the Trinity Series Parallel Tables. 
 
 It will be observed that the construction is the same in both 
 tables. They are arranged by state, and under each state by vol- 
 ume of the state reports. The state citation for each case reported 
 in the selected case series is given in the left-hand column of the 
 table, showing the first and last page of the report in the state se- 
 ries. The right-hand column shows the volume and page of the 
 selected case series, where the same case appears. In no instance 
 is the title of a Case given. 
 
 (h) Same — Miscellaneous Parallel Tables 
 
 In the older reports cases decided in the United States Circuit 
 and District Courts are cited by the volumes of the old federal re- 
 ports which were privately reported. A set of blue tables was pre- 
 pared to show where such cases are reported in Federal Cases. 
 This table will be found in the Digest to the Federal Cases. 
 
 (i) Tables of Cases Digested 
 
 In all good digests there is included a table of cases digested, 
 showing the title of the case, the volume and page where it is re- 
 ported, and the topic and section of the digest where the various 
 points decided in the case are digested. The purpose of such a 
 table is obvious. It enables the lawyer who has found one case in- 
 volving the proposition of law in which he is interested to locate 
 such case in the digest, and thus find in the same place the other 
 cases involving the same proposition. Excellent examples of this 
 class of tables will be found in the American Digest System. Such 
 tables are of great assistance in the search for authorities, and are 
 applicable to many uses, which will be explained in detail in later 
 chapters. As already mentioned, in the absence of a table of cases 
 reported, a table of cases digested will serve also as a table of cases 
 reported in the particular series of reports covered by the digest. 
 
 (j) Same — Decennial Table of Cases 
 
 The most extensive table of this kind is the "Table of Cases Di- 
 gested in the Century and Decennial Digest." This table, covering 
 as it does all the American cases from the beginning down to and 
 including September, 1906, includes about 800,000 titles. It occu- 
 
 03 
 
§ 7 WHERE TO FIND THE LAW (Part I 
 
 pies the last five volumes of the Decennial Digest and has simplified 
 the use of the American Digest System in many ways." 
 
 The Decennial Table serves three distinct purposes. In the first 
 place, it indicates where each point of each case is digested in the 
 Century or Decennial Digest (depending on when it was reported). 
 This enables the investigator, who has in any manner found one 
 case involving his proposition, to locate all other cases on his point 
 prior to 1907 by simply looking up the title of such case in the ta- 
 ble of cases. 
 
 Secondly, the Decennial Table will serve a^ a general parallel 
 citation table for all cases within the period covered, since it gives 
 the parallel citations to the official reports, to the National Report- 
 er System, to the Lawyers' Reports Annotated, and to the Trinity 
 Series. 
 
 Finally, in most instances, it will serve as a table of cases af- 
 firmed, reversed, or modified, since it shows specifically whether a 
 case has been affirmed, reversed, or modified, by a later decision in 
 the United States Supreme Court, and shows also either specifically 
 or by implication, whether there is a later decision on the same 
 case in the same or a higher court in the same jurisdiction. 
 
 (k) Tables of Cases Affirmed, Reversed, or Modified 
 
 There are, too, in some digests, tables showing by what subse- 
 quent decisions cases digested in preceding volumes have been af- 
 firmed, reversed, or modified. Such tables will be found in the 
 American Digest, Key-Number Series. Their use will be explained 
 in the proper place in Chapter XV. 
 
 § 8. Tables of Statutes Construed 
 
 Among the tables that are of great value to the brief maker are 
 tables of statutes construed. Such tables will be found in nearly 
 all state digests, in all the advance sheets and bound volumes of 
 the National Reporter System, and in some of the state reports. 
 These tables give the citation of the statute by chapter, title, arti- 
 cle, or section, as the case may be, and indicate by a proper refer- 
 ence the places where will be found a report or digest paragraph of 
 the case in which such statute is construed by the courts. The 
 use of such tables will be referred to in Chapter VII, in connection 
 with the examination of statutes. 
 
 c Illustrative pages from this table are given In the Reference Book, 
 pp. 408 to 419. 
 
 94 
 
Part II 
 HOW TO FIND THE LAW 
 
 By ROGER W. COOLEY 
 
 professor of law, university of north dakota 
 
 Brief Mak.(3d Ed.) 95 * 
 
PART II 
 
 HOW TO FIND THE LAW 
 
 By Roger W. Cooley 
 Professor of Law, University of North Dakota 
 
 CHAPTER VII 
 
 ANALYSIS OF FACTS— EXAMINATION OF STATUTES 
 
 § 1. Introduction. 
 
 2. Necessity of System. 
 
 3. Analysis of Facts. 
 
 4. Provisional Hypothesis. 
 
 5. Determination of Principle. 
 
 6. Examination of Statutes. 
 
 (a) Condensations and Originals. 
 
 (b) Analysis and Index. 
 
 (c) Determining Accuracy of Statute. 
 
 (d) Search for Subsequent Legislation. 
 
 (e) Construction of Statutes. 
 
 (f) Constitutions and Ordinances. 
 
 7. The Search for Precedents. 
 
 § 1. Introduction 
 
 The young lawyer, on his admission to the bar, may be equip- 
 ped with a very complete knowledge of the theory and principles of 
 the law ; yet, with the coming of his first client, he finds himself 
 confronted by a practical difficulty with which his theoretical 
 knowledge will not enable him to cope. He may, indeed, be rea- 
 sonably certain that his client's case is governed by a certain legal 
 principle; but this certainty does not solve his problem. He must 
 be able to convince the court that he is right, and to do this he 
 must be able to show the court that his theory of the case is sup- 
 ported by authority — authority, not only supporting the general 
 principle, but also applying that principle to facts similar to the 
 facts in the present case. The first step, then, that he must take, 
 is to make a careful search for authorities that will support his 
 theory of his client's case. 
 
 It is obvious that success in the search for authorities is de- 
 pendent to a large extent on the method pursued by the investi- 
 gator. The object of his search, it must be remembered, is not 
 merely to determine the exact principle of law governing the facts 
 in the case, but also to discover authorities applying the principle 
 to like facts. This last phase of the search is most important. 
 Brief Maic.{3d Ed.)— 7 97 
 
§ 1 HOW TO FIND THE LAW (Part II 
 
 The courts, nowadays, are governed largely by precedent, and this 
 imposes on the advocate the necessity of supporting his client's 
 cause by concrete authorities — cases "on all fours" with, or at 
 least analogous to, the case at bar. 
 
 It is not the purpose of the following chapters on "How to Find 
 the Law" to lay down any hard and fast rules which must be fol- 
 lowed, or to insist that this or that method must be pursued to the 
 exclusion of any other. Some practitioners, in searching for au- 
 thorities, depend largely on text-books; others depend rather on 
 the encyclopaedias; while those of a third class turn usually to 
 the digests. There are comparatively few lawyers who own or 
 have access to a complete library. Moreover, not every case which 
 arises will justify the expenditure of time and energy necessary to 
 an exhaustive search through the books. Often an attorney is 
 required to give his client a prompt opinion, which, however, must 
 necessarily be based upon a brief study of the books. If he is to 
 do so accurately, he must understand the use of his books thor- 
 oughly, so that he may spend the small time allowed him to the 
 very best advantage. 
 
 On the other hand, a case of any importance requires a thorough 
 search for authorities in all the various different classes of books 
 available, especially if it is to be carried into court. In such 
 a search, the attorney will find himself wandering up blind alleys 
 that lead nowhere, unless he understands, not only the purpose 
 and theory, but the particular features and use, of each publication 
 that he intends to use. 
 
 The books of each class are designed to serve a particular pur- 
 pose or purposes, and would usually do so better than those of 
 any other class. Thus, text-books and encyclopaedias may gen- 
 erally be regarded as better adapted to the study of legal prin- 
 ciples, aside from the search for precedents, than is a digest. But 
 a digest is better suited to serve as an index to cases than is either 
 a text-book or an encyclopzedia, and, if properly compiled, can 
 be used satisfactorily in a search for precedents from the point of 
 view of the principle involved. 
 
 But no matter for what particular purpose a book is designed, 
 no matter how well adapted it is to that purpose, the practitioner 
 will usually get the best results from the use of the books with 
 which he is most familiar. The object of this and the succeeding 
 series of lessons is to make the reader familiar with all kinds of 
 books. Without such familiarity he will find that, the larger his 
 library, the greater will be his confusion, while, if he knows the 
 purpose and peculiarities of each set, he need waste no time in 
 vague and futile wanderings. 
 
 08 
 
Ch. VII) ANALYSIS OF FACTS EXAMINATION OF STATUTES § 3 
 
 § 2. Necessity of System 
 
 As remarked above, it is not the intention to lay down any hard and 
 fast rules for finding the law — rules that must be foUov/ed irrespective 
 of conditions. The purpose is rather to outline for the reader certain 
 methods of using the tools of the legal profession that have been proved 
 to be good — to point out certain paths through the wilderness of law 
 books, which, if carefully followed, will lead the brief maker to his des- 
 tination by the shortest and surest way and with the least expen- 
 diture of time and labor. But it must be impressed upon the reader 
 from the very start that in order to make any headway he must 
 have a aefinite ena m view, and must stick to the path he chooses 
 and not go wandering around among the books and authorities 
 in a desultory way, with the hope that chance will eventually lead 
 him to the desired goal. The brief maker should have a definite 
 problem to solve, a definite proposition on which he wishes to 
 find authorities, and this problem should be kept constantly in 
 mind. Experience has shown what reason suggests — that the end 
 desired can be attained only by conducting the search for author- 
 ities in a systematic manner and in accordance with some definite, 
 prearranged plan. No effective result can be obtained by a hap- 
 hazard and superficial examination of the sources of the law. 
 Whatever method is adopted for making the search, it must be 
 followed consistently, with the eye constantly fixed on the goal. 
 
 § 3. Analysis of Facts 
 
 Every statement of facts which forms the basis of a right of 
 action or defense, no matter how simple or how complex, pre- 
 sents one or more distinct problems, and on the solution of these 
 problems the result of the action depends. The first step, there- 
 fore, in looking up the law, is to make a careful examination of the 
 statement of facts submitted and a minute analysis of its compo- 
 nent parts, for the purpose of determining just what are the prob- 
 lems presented by those facts. It is undoubtedly true that the fail- 
 ure to find satisfactory authorities is often due to a superficial view 
 of the facts, and a defective analysis of the problem. The bones 
 and sinews of every case are its facts, and they must be mastered 
 in every detail. 
 
 In every statement of facts, as submitted by the client, there is 
 much irrelevant matter. Naturally, a client untrained in the law, 
 and above all inexpert in modes of expression, is unable to state his 
 case so succinctly that some facts not pertinent thereto will not 
 enter into his statement. This irrelevant matter should be elim- 
 inated at the start, and the statement thoroughly studied and ana- 
 lyzed, so that the salient points may be selected and their relations 
 to each other comprehended. These facts must be kept constantly 
 in mind during the search for and examination of authorities. Con- 
 
 99 
 
§ 4 HOW TO FIND THE LAW (Part II 
 
 centration of attention is absolutely essential to success in looking 
 up the law. If the mind is allowed to wander from the facts, the 
 authorities found will inevitably be inapplicable and irrelevant. 
 
 § 4. Provisional Hypothesis 
 
 The important object to be attained by this careful analysis of 
 the facts is the determination of the legal problem presented by 
 those facts, and the principle of law that probably governs — that 
 is to say, the formulation of a provisional theory of the case. This 
 provisional hypothesis should be merely a working hypothesis — 
 not necessarily the fixed theory of the case on which it is finally 
 tried. It is not a theory which must be established at all hazards. 
 Investigation may, indeed, prove the hypothesis to be wholly 
 wrong; yet it will have served its real and effective purpose, which 
 is to give a definite direction to the search for authorities. Even 
 if the investigation proves it to be a false hypothesis, it will prob- 
 ably point out the true theory of the case. 
 
 It must be remembered that the real purpose of the analysis 
 of the facts and the search for authorities is not necessarily to es- 
 tablish a preconceived theory, but rather to ascertain the law, so 
 that the attorney may formulate a theory that will be acceptable 
 to the court as a reason for enforcing his client's rights. The prime 
 object of a provisional hypothesis is to formulate the problem; and 
 quite often it will serve this purpose better if put in the form of 
 a succinct question than if drawn in that of a statement or rule of 
 law. 
 
 It is obvious that, to be of value, the formulation of this provi- 
 sional hypothesis calls for a careful and discriminating analysis 
 of the facts and the law. Although provisional, it must be the re- 
 sult of a thorough and logical analysis, and not a conclusion care- 
 lessly and hastily drawn from a superficial examination of the 
 facts. The more carefully this provisional hypothesis, which is to 
 determine the direction and extent of the search for authorities, 
 is searched for and tested, the more certainly will an investigation 
 along the lines indicated by such hypothesis, lead to the end de- 
 sired. 
 
 § 5. Determination of Principle 
 
 It has been assumed that the brief maker is conversant with the 
 general principles of the law, and that, having determined the 
 problem presented by the case, he is able to settle upon some prin- 
 ciple which will govern. If he cannot, he must, of course, resort 
 to the text-books pertaining to the subject indicated by the prob- 
 lem, and review the principles of that particular branch of the 
 law. This is the primary purpose of text-books and encyclo- 
 
 100 
 
Ch. VII) ANALYSIS OF FACTS EXAMINATION OF STATUTES 
 
 psedias — to present in clear, concise language accurate statements 
 of the settled principles of the law, and, as might be expected, 
 the clearest knowledge of these principles is to be obtained from 
 text-books and encyclopaedias. Therefore, when the brief maker is 
 in doubt as to the principle of law by which his case is governed, 
 he will do well to consult these books for a general discussion of 
 the subject within which such principle falls. 
 
 In the vast majority of cases, however, the broad general prin- 
 ciples involved are well and easily recognized, and it is their ap- 
 plication to a definite narrow set of facts with which the inves- 
 tigator is concerned ; that is, he wants precedents — cases where 
 those principles have been applied to the same or closely similar 
 facts. 
 
 § 6. Examination of Statutes 
 
 Assuming that the problem has been clearly formulated in a pro- 
 visional hypothesis, and that the general principles involved are 
 recognized, the first step in the investigation is to discover whether the 
 case is governed by any provision of the constitution or statutes. 
 
 It may be that the lawyer will see, at the very beginning of his 
 study of the facts, that the case is governed by some provision of 
 the constitution or statutes. In that event his course is plain. He 
 must verify his conclusion by actual examination of the constitu- 
 tion and statutes, and then he can proceed at once to find appli- 
 cation of that statutory or constitutional provision to cases similar 
 to his own, or of a similar provision in some other jurisdiction to 
 such cases. 
 
 On the other hand, in many, if not most, cases there will be 
 nothing on the face of the statement of facts to suggest that any 
 principle of constitutional law or any particular statute is involved. 
 Nevertheless, the investigator should in all cases ascertain at the 
 very outset whether, in fact, there is any constitutional or statu- 
 tory provision that will affect the case. 
 
 Accordingly, the first sources in which a search for the law 
 should be made are always the constitution and statutes. One 
 should never take it for granted that he is so familiar with the 
 constitution and statutes, even of his own state, that he can de- 
 termine, offhand, whether or not there is any provision governing 
 his facts, or, if he recalls such a provision, that it is the only one 
 that applies. He should make an actual search for the particular 
 statute and for other provisions in pari materia. 
 
 Naturally, whenever he finds statutory provisions seemingly 
 governing the case, he must resort to the decisions of the court, to 
 find out how the statute has been construed, and whether it has, 
 as a matter of fact, ever been held to apply in similar cases. 
 
 101 
 
§ 6 HOW TO FIND THE LAW (Part II 
 
 (a) Condensations and Originals 
 
 A word of caution is necessary. If it seems probable, or even 
 possible, that the case is governed by a particular provision of the 
 constitution or statutes, the brief maker should prove or disprove 
 that fact by an examination of the constitution or statute itself, and 
 should not rely on any condensation or paraphrase. It is the very 
 words of the statute itself as enacted by the legislature which must 
 govern, and therefore its exact wording should be examined. He 
 should not rely on any secondary sources of information, but only 
 on the actual statute — the primary sources, which are, after all, 
 the only real authority. 
 
 (b) Analysis and Index 
 
 If the compilation of the statutes is properly made under a 
 logical arrangement, the particular provision may easily be found 
 through examination of the analysis or table of contents prefixed 
 to the statutes, by selecting the particular title, chapter, or ar- 
 ticle, as it may be designated, which covers the general subject- 
 matter of the point under investigation. Unfortunately, however, 
 many compilations of the statutes are made upon a plan of arrange- 
 ment that is wholly illogical and inconsistent, so that the analysis 
 conveys but little information. In such instances, resort may be 
 had to the index, and by running down the index word correspond- 
 ing to the specific subject-matter a direct reference may be ob- 
 tained to the particular section of the statute applying to the case 
 under investigation. 
 
 It is often the case, however, that the index itself is so poorly 
 made as to make it extremely difificult to find the specific subject 
 under any index word that would naturally occur to the investi- 
 gator. This forces the investigator to call his imagination into 
 play, and by systematic guesswork endeavor to find some index 
 word, however unusual it may be, that might possibly cover the 
 provision for which he is searching. The writer calls to mind an 
 instance of poor indexing which is worth mentioning, as it illus- 
 trates the difficulty outlined above. Wishing to ascertain the exact 
 provisions of the statute of frauds of a certain state, he had recourse 
 to the index to the Compiled Statutes of that state. An examina- 
 tion of this index disclosed that there was no index word of "Stat- 
 ute of Frauds," or "Frauds, Statute of," or even "Frauds" alone. 
 There was apparently no index line under any of the index words 
 descriptive of the subject-matter of the statute of frauds, such as 
 "Sales," "Suretyship," and the like. Finally, as a last resort, re- 
 course was had to the index head "Fraudulent Conveyances" as the 
 only other head usually found in digests and indexes which con- 
 tained the idea of fraud. Under that head was found an index line 
 
 102 ' 
 
Ch. VII) ANALYSIS OF FACTS EXAMINATION OF STATUTES § 6 
 
 giving the section of the statutes where the statute of frauds was 
 set forth. This incident is mentioned merely for the purpose of 
 illustrating the necessity of resorting to all manner of devices, 
 when the index to the statutes is incomplete, or is made without 
 much regard to logic or consistency, or has been carelessly pre- 
 pared. 
 
 (c) Determining Accuracy of Statute 
 
 It cannot be assumed in every instance that the statute as given, 
 even in an official publication, is precisely accurate. If the collected 
 statutes consulted is a compilation, and not a revision (which last 
 involves re-enactment as a whole), it is well to examine the Ses- 
 sion Laws from which the compilation was made, in order to 
 verify the exact terms of the statute as passed by the legislature, 
 and in very important cases, it is sometimes wise to check the 
 Session L,aws by an examination of the legislative records, for it 
 will be remembered that in final analysis it is the legislative records 
 themselves which are the ultimate authority regarding the form 
 and wording of a statute. Even when a revision has been re-en- 
 acted as a statute, it is sometimes, though very rarely, necessary 
 to go back to the Session Laws, or even to the legislative records, 
 for the purpose of determining whether the revision was intended 
 to make a change in the law. These latter steps, however, are so 
 inconvenient as to be justified only in important cases, and are 
 chiefly precautionary, though observed by careful lawyers where 
 the case under consideration justifies so exhaustive a search. 
 
 (d) Search for Subsequent Legislation 
 
 The original search for statutes just discussed should be made 
 in the latest compilation, revision, or code. But the statutory 
 provision, when found, should not be accepted finally as governing 
 the case until further investigation has been made to determine 
 whether the statute has been modified by subsequent legislation. 
 Search should therefore be made through the Session Laws en- 
 acted subsequent to the date of the Compiled or Revised Statutes 
 for the purpose of discovering whether the particular section has 
 been amended. In the second place, a statute may have been re- 
 pealed by a subsequent act. This may be easily ascertained, as 
 there is usually contained in the volumes of the Session Laws lists 
 of prior statutes that have been repealed. It is also important to 
 examine the subsequent legislation for statutes in pari materia, for 
 the reason that, if such statutes are found, it may be discovered 
 that they repeal by implication the former statute, though there 
 may have been no specific repeal of such provision. It is necessary 
 to remember, however, that the doctrine of repeal by implication 
 is very difficult to apply, and is not favored by courts. 
 
 103 
 
§ 6 HOW TO FIND THE LAW (Part II 
 
 (e) Construction of Statutes 
 
 The general rules of construction of statutes will be discussed 
 hereafter [Chapter XXIV]. All that it is necessary to call atten- 
 tion to, at this time, is the necessity of searching for decisions con- 
 struing the particular section of the statute involved, for the pur- 
 pose of determining whether it applies to the case in hand. If the 
 compilation of statutes in use is annotated, decisions construing the 
 particular section are usually to be found easily by means of such 
 annotations. ' In the absence of such annotations, the investigator 
 should go to tables of statutes construed, which have already been 
 described in Chapter VI, and which may be found either in the 
 state digest or in the volumes of the National Reporter System and the 
 collected tables which appear in the digests of the several Reporters. 
 The various circumstances and considerations which affect the 
 weight of statutes will also be considered at length in a subsequent 
 chapter. 
 
 (f) Constitutions and Ordinances 
 
 While the discussion in the preceding paragraphs has referred 
 chiefly to statutes, strictly so called, what has been said applies as 
 well to other forms of statutory law. 
 
 § 7. The Search for Precedents 
 
 No matter what preliminary steps have been taken, the inves- 
 tigator finally reaches the point where all the various paths of in- 
 vestigation converge and unite in the trail of precedents. Whether 
 the case is governed by the general principles of the law or by 
 a statute, sooner or later he is obliged to trace the course of ju- 
 dicial precedents — to search for the concrete applications of prin- 
 ciples to facts, or the concrete interpretations of the statute in 
 view of the facts. This implies a systematic search through the 
 text-books, encyclopaedias, digests, etc., for authorities — for cases 
 involving similar facts and principles. 
 
 Whereas a search for statutory authority will be begun in the 
 statutes themselves, the search for precedents begins in books of sec- 
 ondary authority. This search for specific decisions in point ma)^ 
 for convenience be regarded as comprising two distinct and suc- 
 cessive processes. The first, and in some respects the more im- 
 portant, is the finding of a first case; that is to sa}^, the finding of 
 a single case that corresponds more or less closely to the case under 
 investigation. The second step is to exhaust the authorities ; that 
 is to say, to find all the other cases, in one or in all jurisdictions, 
 involving the same principle and applying it to the same or analo- 
 gous facts. 
 
 Methods of searching for precedents fall naturally into two 
 classes — methods in which the search is made from the standpoint 
 of the principle governing the case under investigation, and meth- 
 
 104 
 
Ch. VII) ANALYSIS OF FACTS EXAMINATION OF STATUTES § 7 
 
 ods in which the search is made from the standpoint of the facts. 
 Generally speaking, one who conducts his search from the first 
 standpoint will begin his investigations in a text-book or encyclo- 
 paedia; while one who looks rather to the facts as his guide will 
 resort first to the digest. This is not a universal rule, however, be- 
 cause sometimes an investigator, though making his search from 
 the standpoint of the principle, will apply his knowledge of the 
 classification of the digest; and, on the other hand, one who 
 searches from the standpoint of the facts, may get his start — his 
 first authorities — through the text-book or encyclopaedia. 
 
 Notwithstanding these occasional variations in method, the in- 
 vestigator who uses the principle as the basis of his search will 
 usually and naturally turn first to those books that are especially 
 designed to convey a knowledge of principles — text-books and en- 
 cyclopjedias. It is true that, owing to the limitation of his search 
 by the time of publication of the text-book or encyclopasdia, he can- 
 not bring his search down to the immediate present, or exhaust the 
 cases, without resorting, finally, to the digest. The method and 
 use of digests for thus supplementing text-books and encyclo- 
 paedias will be explained when the general use of each class is consid- 
 ered. Similarly the necessity and manner of usiftg text-books, en- 
 cyclopaedias, and other books for supplementing digests and each 
 other, and rounding out the general search for authorities, will be 
 explained in a subsequent chapter, and we must first consider how 
 each class of books can be used as the starting point of the search. 
 
 The distinction above drawn between a search by principle and a 
 search by facts requires qualification and explanation, for, though it is 
 a generally accepted distinction, it is apt to be misleading. Accurately 
 speaking, so far as the practicing attorney is concerned, there can be 
 no such thing as a search purely by principle or purely by fact. Every 
 search for precedents must be made with an eye both to the facts of 
 the brief maker's case and to the principle involved. One who bases 
 his search primarily upon the facts of a case must have in mind some 
 principle which he believes may be applicable to that state of facts, 
 though he need not know or recognize the particular narrow rule that 
 is to solve his problem. In other words, he must recognize the ques- 
 tion of law involved. If this were not true, there would be no necessity 
 for the preliminary hypothesis, and no legal knowledge whatever would 
 be needed for the solution of a question of law. 
 
 On the other hand, he who bases his search upon the principle of 
 law considers, not an abstract, general principle alone, but such a prin- 
 ciple applied to the peculiar facts before him. The broad general prin- 
 ciples of law are all well known to the trained lawyer. No man with 
 legal training needs to search his books to learn that "a master is liable 
 to third persons for injury done by his servant in the course of his 
 employment and within its scope." What bothers the brief maker is 
 
 105 
 
§ 7 HOW TO FIND THE LAW (Part II 
 
 the application of such principle, or in other words its interpretation. 
 Was the servant, who under certain circumstances inflicted a particular 
 injury, acting in the course of his employment? Was a particular act 
 within the scope of the employment? Was A. the servant of B. for 
 the purposes of the case? The facts are the sinews of the case, and no 
 search which for a moment loses sight of them can be successful. 
 
 Thus, on the one hand, it is only from a general knowledge of legal 
 principles that one can formulate the problem which is presented by a 
 case ; while, on the other, it is not a legal principle for which he must 
 look, but a rule hedged and fenced about by facts — the facts of his own 
 case. It cannot be too clearly stated that what the brief maker is after 
 is a case in which the rule which he conceives of as applying to his own 
 case has been applied to similar facts in the past. 
 
 Therefore the distinction between a search by principle and a search 
 by the facts is really one of emphasis only. In whatever books the 
 brief maker looks, and whatever his methods of search, he must take 
 account of his facts, and must have, at least "in the hinterland of his 
 mind," the fundamental principles of law. 
 
 It may be added that cases not infrequently arise in which there ap- 
 pears to be no general principle involved, and the search for precedents 
 must be' almost wholly based upon the facts. Even so, it is only by 
 reason of general legal knowledge that one can formulate the problem. 
 A single illustration will make this point clear : 
 
 A man standing near a railroad track saw a child playing between 
 the rails and a train approaching at high speed. He ran to the child 
 and succeeded in reaching it and pushing it out of danger before the 
 train arrived, but in so doing he was unable to get off the track in time, 
 and was himself injured; the train passing over and cutting oflf his 
 leg. The man in question was not an employe of the railway com- 
 pany, neither was he a trespasser. He brings action against the rail- 
 way to recover for the injury which he suffered. 
 
 The more this statement of facts is examined, the more difficult it 
 seems to state any general principle upon which this case can be de- 
 cided. On the other hand, there are authorities in point, and these can 
 be located quite easily, if the search be based upon the facts above 
 given. 
 
 106 
 
Ch. VIII) USE OF DIGESTS MECHANICAL FEATURES § 1 
 
 CHAPTER VIII 
 
 USE OF DIGESTS— MECHANICAL FEATURES OF DIGESTS 
 
 § 1. Introduction. 
 
 2. Text-Books or Digests. 
 
 3. Digests in General. 
 
 4. Tlie Standard Digests. 
 
 (a) The Standard Classification. 
 
 (b) Same — Main Tiiles nr Topics. 
 
 5. Mechanical Features of the Digest. 
 
 6. Same — Cross-Reference Titles. 
 
 7. Same — ^Arrangement and Contents of Topics, 
 
 (a) The Scope-Note. 
 
 (b) Analysis of Topic. 
 
 (c) Cross-References. 
 
 (d) Digest Paragraphs. 
 
 8. Same — Subdivision of Topics. 
 
 (a) Main Divisions and Subdivisions. 
 
 (b) Permanence of Divisions and Subdivisions. 
 
 (c) Sections or Black Letter Lines. 
 
 (d) 2-em Dash Lines and Italic Lines. 
 
 (e) Permanence of Sections. 
 
 (f) Analysis of a Topic. 
 
 (g) Additional Subdivisions of Topics in Century Digest. 
 
 9. Same — Cross-References. 
 
 (a) Cross-References under Main Titles. 
 
 (b) Words and Phrases. 
 
 10. Same — Century References. 
 
 (a) Century References in the Decennial Digest. 
 
 (b) Dunmiy lAnes in Decennial Digest. 
 
 11. Same — Pink Table — Table of Century Digest Sections and Their Cor- 
 
 responding Decennial Section Numbers (Key-Numbers). 
 
 12. Same — Connecting Century vs'ith Key-Number or Other Standard Di- 
 
 gests. 
 
 13. Same — Tables in the Key-Number Series. 
 
 (a) Table of Reports. 
 
 (b) Table of Cases Digested. 
 
 (c) Table of Cases Affirmed, Reversed, or Modified. 
 
 14. Same — Cumulative Table of Key-Number Sections in Key-Number Se- 
 
 ries. 
 
 15. Decennial Table of American Cases. 
 
 (a) Arrangement. 
 
 (b) Citations to Reports, Reporters, and Selected Case Series. 
 
 (c) Reversals and Affirmances by the United States Supreme 
 
 Court. 
 
 (d) Citations to Century and Decennial Digests. 
 
 (e) Illustrations. 
 
 (f) List of Abbreviations. 
 
 16. Decennial Table of Reports. 
 
 17. Descriptive-Word Index to Decennial and AU Other Key-Number Di- 
 
 (a) Contents and Arrangement. 
 IS. How to Read Division Lines of Sections. 
 
 (a) Reading Index Lines. 
 19. Caution. 
 
 § 1. Introduction 
 
 In the preceding chapter the reader was given a general outline 
 of the procedure followed in looking up the law, with a special ref- 
 
 107 
 
§ 2 HOW TO FIND THE LAW (Part II 
 
 erence to those steps that are in the nature of preliminary and pre- 
 paratory investigations. His attention was called to the necessity 
 of analyzing the facts, of determining the principle, of formulating 
 a provisional working hypothesis, and of examining the statutes 
 which may cover the case, for the purpose of clearing the ground 
 for the search for precedents. It is to that important part of the 
 work — the search for precedents — that our attention will next be 
 given. 
 
 § 2. Text-Books or Digests 
 
 Possibly a strictly logical development of the subject would 
 call for an explanation of the use of text-books and encyclopaedias 
 before taking up the use of digests, in that a more or less certain 
 determination of the principle underlying the case to be investi- 
 gated has been presumed as one of the preliminary steps. But in 
 view of the fact that the principle is usually known, and of the fur- 
 ther fact that in some instances the principle can be discovered 
 only in the study of decisions involving facts similar to those in 
 the case under investigation, it is deemed best to deal first with the 
 use of digests. Moreover, the use of text-books in connection with 
 digests, and the use of digests to supplement text-books, cannot 
 be explained until the use of digests generally is understood. 
 Therefore convenience of treatment must override considerations 
 based on academic grounds, and we will deal first with the use of 
 digests, assuming that the provisional hypothesis has been formu- 
 lated and that the statutes have been examined. 
 
 § 3. Digests in General 
 
 There are numerous digests for the use of which no rules can 
 be laid down. There are local digests for nearly every state. There 
 are special digests for special series of reports and for special 
 branches of the law. These are the work of different editors, are 
 compiled on different plans or theories of classification, and are of 
 all degrees of excellence. There is no uniformity in classification 
 or arrangement, or in the mechanical or typographical devices de- 
 signed to facilitate their use. As to these nothing can be said, ex- 
 cept that each digest must be studied by itself, and its classifica- 
 tion and arrangement examined carefully. The principles of di- 
 gesting have in recent years become quite well settled, and digests 
 not conforming thereto had much better be avoided, if a standard 
 digest is accessible. 
 
 _ Obviously it would be impossible to make any general explana- 
 tion or formulate any general rules for the use of digests of the 
 character mentioned above. It is just as obvious that the narrow 
 range of local and special digests affords but little opportunity for 
 illustration and explanation of methods or deduction of rules, how- 
 
 108 
 
Ch. VIII) USE OF DIGESTS MECHANICAL FEATURES § 4 
 
 ever well any particular specimen of these digests is prepared. 
 If we are to find rules that are applicable to digests generally, they 
 must be based on general digests, wide in their scope, and which 
 are recognized as standard in form, classification, and arrangement. 
 Many local and special digests have of late been published which 
 follow the theory and sometimes the actual classification of the 
 more general publications, so that an explanation of the latter will 
 to a large extent be directly applicable to them, and the rules for 
 use of the latter are applicable to them, with little or no modifica- 
 tion. 
 
 § 4. The Standard Digests 
 
 The digests of the American Digest System, and the local and 
 special digests that have adopted the classification and general ar- 
 rangement of the American Digests, are in every sense of the word 
 standard digests. These digests have been described in Chapter V, 
 and are listed in Chapter 6, list (g), of the Appendix. They are com- 
 piled on a system of classification which is at once practical, con- 
 sistent, and fixed. The same scheme of division into topics is used 
 in all the digests of the system, and this scheme has been used as 
 a model for many local and special digests, and the number of 
 Standard Digests is steadily increasing. Then, too, it happens that 
 the American Digest System is the only one that digests all the 
 authorities — the whole body of American case law. It is, there- 
 fore, especially adapted to serve as the basis for an explanation of 
 the methods to be pursued in searching for precedents and in ex- 
 hausting the authorities. For these reasons, the explanation of 
 the use of digests is based on the American Digest System. 
 
 Before entering on an explanation of the method of using the 
 digest, it is necessary to describe briefly both the classification and 
 what we may call the mechanical features of the digests. For the 
 purpose of showing more clearly the construction and use of di- 
 gests there are mserted below pages 1917. 19^^, 1919, and 1920 from 
 Vol. 3, American Digest, Key-Number Series. The page numbers 
 will be found at the top of the page, inclosed in brackets. 
 
 (a) The Standard Classification 
 
 As the reader already knows, the American Digest System now con- 
 sists of the three separate and distinct sets of books, known as the 
 Century Digest, the Decennial Digest, and the Key-Number Series.^ 
 No one of these sets duplicates any of the subject-matter (digest mat- 
 ter) of either of the others. Together they cover every American case 
 from earliest times down to the date of the current volume of the 
 Key-Number Series. 
 
 1 The Monthly Digest being in the nature of advance sheets of the Key- 
 Number Series, its issues are practically never used after the permanent vol- 
 umes to vs^hich they correspond are published. 
 
 109 
 
[1908A— Page 1917] 
 
 MATERIALMEN— MECHANICS' LIENS. 
 
 Of newly discovered evidence as affecting nglit 
 to new trial, see '-Criminal Law," § 940; 
 "New Trial," § 103. 
 
 Of testimony as element of perjury, see Per- 
 jury," § 11. 
 
 MATERIALMEN. 
 
 Uitrht to mechanic's lieu, see "Mechanics' 
 Liens," § 108. 
 
 MATERIALS. 
 
 For construction of public improvements, see 
 "Municipal Corporations," § 282. 
 
 Kight to mechanic's lieu for niatevials furnish- 
 ed, see "Mechanics' Liens," § 48. 
 
 MATURITY. 
 
 Of bill or note, see "Bills and Notes," § 129. 
 
 Of principal, as fixing time from which interest 
 runs, see "Interest," § 45. 
 
 Of shares in building and loan associations, 
 see "Building and Loan Associations," § 12. 
 
 Eate of interest after maturity of debt, see "In- 
 terest," § 37. 
 
 MAXIMS. 
 
 Of construction of statutes, see "Statutes," {. 
 
 17.:.. 
 Of equity, see "Equity," §§ 54-66. 
 
 MAYHEM. 
 
 [No paragraphs or references in this Digest, 
 see 34 Cent. Dig. Mayhem.] 
 
 See 
 
 MAYOR. 
 
 "Municipal Corporations,' 
 
 § ics. 
 
 MEASUREMENTS. 
 
 Measuring persons accused of offenses as in- 
 fringement of personal liberty, see "Constitu- 
 tional Law," § 83. 
 
 Rule requiring measurement of persons suspect- 
 ed of offenses as exercise of judicial functions 
 by executive officers, see "Constitutional 
 Law," § 79. 
 
 Taking measurements of person accused of 
 crime after admission to bail as criminal li- 
 bel, see "Libel and Slander," § 141. 
 
 MEASURE OF DAMAGES. 
 
 See "Damages," §§ 95-126. 
 
 MEASURES. 
 
 See "Weights and Measures." 
 
 MECHANICS' LIENS. 
 
 I. Nature. Grounds, and Subject- ■Matter 
 
 IN General. 
 § 3. Constitutional and statutory provisions. 
 § 5. Construction of lien laws in general. 
 § 15. Estates or interests ■wblch may be subjeci 
 
 to lien. 
 § 20. Leaseholds. 
 
 II. Right to Lien. 
 
 (A) 'Nature of Im]}rovcmeiit. 
 
 § 26. Improvement, alteration, or repair of build- 
 ing. 
 
 § 31. Apparatus for heating, cooking, water sup- 
 ply, or lighting. 
 
 9 32. Machinery. 
 
 (B) Services h'oKlcred and Materials Furnished. 
 § 48. Materials prepared or furnished, but not 
 
 used. 
 
 (C) Agreement or Consent of Owner. 
 § B6. Ownership or possession of land. 
 
 § 59. Purchaser under executory contract. 
 
 § 69. Authority to contract or consent. 
 
 § 71. Husband or wife. 
 
 § 72. Agent or other representative. 
 
 II. Right to Lien— Cont'd. 
 
 fC) Agreement or Consent of Owner — Cont'd. 
 
 § 73. Form and requisites of contract or consent. 
 
 § 75. Implied contract or consent. 
 
 § 7S. Notice or protest by owner to prevent lien. 
 
 (D) Persons Entitled in General. 
 
 [No paragraphs or references in this Digest. But 
 see 34 Cent. Dig. Mech. Liens, §§ 112-125.] 
 
 (E) Subcontractors, and Contractors' Workmen 
 
 and Materialmen. 
 § 96. Agency of principal contractor for owner. 
 § 101. Effect of stipulations in principal contract. 
 
 § 104. As to payment. 
 
 § 106. Subcontractors of subcontractor. 
 
 § 107. Employes of contractors or subcontractors. 
 
 § 108. Persons furnishing materials to contractors 
 
 or subcontractors. 
 § 115. Payment to principal contractor. 
 
 III. PROCEEDINGS TO PeEFECT. 
 
 § 117. Notice to owner. 
 
 § 121. Time for notice. 
 
 § 122. Form and requisites. 
 
 § 125. Operation and effect. 
 
 § 130. Filing one or more claims against differ- 
 ent buildings. 
 
 § 131. Place for filing claim or statement. 
 
 § 132. Time for filing claim or statement. 
 
 § ;)33. Form and contents of claim or statement. 
 
 § 134. In general. 
 
 § 135. Designation of parties. 
 
 § 136. Description of property. 
 
 § 137. Ownership or possession of property. 
 
 § 139. Description of services or materials. 
 
 § 142, Statement as to terms of contract. 
 
 § 144. Statement as to performance of con- 
 tract. 
 
 § 146. ■ Statement as to time of rendering 
 
 services or furnishing materials. 
 
 § 149. Itemized statement or account. 
 
 § 154. Verification of claim or statement. 
 
 § 15S. Amendment of claim or statement. 
 
 IV. 
 
 (A) 
 
 (B) 
 
 Operation and Effect. 
 Amount and Extent of Lien. 
 361. Amount secured in general. 
 162. Limitation to amount payable under con- 
 tract. 
 
 164. — — Subcontractors, and contractors' work- 
 men and materialmen. 
 
 165. Time of accrual or commencement. 
 
 170. Delivery of materials. 
 
 174. Duration. 
 
 176. Effect of proceedings for enforcement. 
 
 Property, Estates, and Rights Affected. 
 
 181. Extent of land affected. 
 
 182. In general. 
 
 183. Separate lots or buildings. 
 
 184. Buildings. 
 
 185. Fixtures. 
 188. Estate or interest of person creating or 
 
 consenting to lien. 
 
 191. Leasehold. 
 
 192. Lien on reversion of landlord for improve- 
 ments by tenant. 
 
 Priority. 
 § 197. Conveyances in general, 
 
 V. Assignment of Lien or Claim. 
 
 [No paragraphs or references in this Digest. But 
 see 34 Cent. Dig. Mech. Liens, §§ 375-380.] 
 
 Waiver, Discharge, Release, and Sat- 
 isfaction. 
 
 Waiver of Right to Lien. 
 207. Agreements not to claim lien. 
 209. Implied waiver in general. 
 212. Taking collateral security. 
 214. Recovery of judgment for debt. 
 
 Bond or Deposit to Prevent or Discharge 
 
 Lien. 
 223. Form and requisites of bond. 
 225. Deposit as security. 
 Actions on bonds. 
 
 (C) 
 
 VI. 
 
 (A) 
 § 
 
 5 
 § 
 
 (B) 
 
 ! 
 i 
 
 (C) 
 
 § 2: 
 
 rirfinguishincnt, Uclcusc, or Poyment. 
 23j. Delay in assertion or enforcement of 
 
 lien. 
 210. Payn^rnt to subcontrnrtors or contractors' 
 
 workmen or materialmen. 
 
 For earllc 
 
 cases In Decennial or cases In later Digests, see same topic, and section NUMBER. 
 
 110 
 
MECHANICS' LIENS, I, II (A). 
 
 [1908A— Page 1918] 
 
 § 32 
 
 VII. Enfoecement. 
 
 § 245, Nature and form of remedy in general. 
 
 § 251. Restraining enforcement. 
 
 § 252. Joinder of liens in same proceeding. 
 
 § 253. Defenses in general. 
 
 § 254. Set-off and counterclaim. 
 
 § 256. Persons entitled to contest in general. 
 
 I 257. Contest by contractors of liens of subcon- 
 tractors, -workmen, and materialman. 
 
 § 258. Jurisdiction. 
 
 § 260. Time to sue, limitations, and laches, 
 
 § 269, Pleading, 
 
 § 271. Declaration, till, complaint, or peti- 
 tion, 
 
 § 275, Demurrer, 
 
 § 277. Issues, proof, and variance. 
 
 § 278. Evidence, 
 
 § 279, Presumptions and burden of proof. 
 
 § 280, Admissibility, 
 
 § 281, Weight and sufttciency. 
 
 § 286, Trial or hearing, 
 
 § 288, Questions for jurv. 
 
 § 290, Verdict and findings. 
 
 § 291. Judgment or decree. 
 
 § 293. Sale. 
 
 § 294, In general, 
 
 I 301, Deficiency and personal liability, 
 
 § 304, Personal judgment against owner, 
 
 § 305, Personal judgment against contractor, 
 
 I 310, Fees and costs, 
 
 VIII. Indemnity Against Liens. 
 § 317. Actions on bonds. 
 
 Lien for manulactme or repair of personal 
 property, see "Liens," §§ 9, 18%. 
 
 Lien of contractors and subcontractors for con- 
 struction of canals for irrigation of arid state 
 lands, see "States," § lOSVa. 
 
 Liens for construction and repair of vessels, 
 see "Maritime Liens." 
 
 Ijiens on money due contractors for public im- 
 provements, see "> Municipal Corporations," § 
 373; "States," § IOSVj. 
 
 Liens on railroad property for labor and sup- 
 plies, see "Railroads." § 159. 
 
 Mining liens, see "Mines and Minerals," §§ 
 111-113. 
 
 Regulation of rights to property, transfers, and 
 incumbrances by special laws, see "Statutes," 
 § 82. 
 
 I. NATURE. GBOUNDS. AND SUB- 
 JECT-MATTER IN GENERAL. 
 
 § 3. Constitutional and statutory pro- 
 visions. 
 
 See 34 Cent. Dig. Mech, Liens, § 4, 
 Sub.iects and titles of acts relating to mechan- 
 ics' liens, see "Statutes," § 115, 
 § 5. Construction of lien la^vs in gen- 
 See 34 Cent, Dig, Mech. Liens, §§ 3, 5, 
 [a] The mechanic's lien law should be liberally 
 construed to effectuate its purpose, 
 — (N, D, 1907) Salzer Lumber Co. v. Claflin, 113 
 X. W. KWO: 
 (Tenn. 1907) S. B. Luttrell & Co. v. Knox- 
 ville, L. & .T. R. Co., 105 S. W. 565. 
 
 [b] (Iml. App. 1908) 
 
 While the mechanic's lien statute must be 
 strictly followed in securinc; the lien, the law 
 must he construed in accordance with the prin- 
 ciples of substantial justice. — Williamson v. 
 Shank, 83 N. E. 641. 
 
 § 7. Effect of change or repeal of lien 
 laws. 
 
 See 34 Cent. Dig. Mech. Liens, §§ 9, 10. 
 
 [a] (111. App. 1906) 
 
 The act in force at the time the contract 
 in question in the case was made is the law 
 which governs the enforcement of the right. — 
 McNicholas v. Tinsler, 127 111. App. 381 : Kel- 
 ly V. Springer, Id. ; Campbell v. Same, Id. 
 
 ;; 15. Estates or interests ivhicli may be 
 subject to lien. 
 
 See 34 Cent. Dig, Mech, Liens, |§ 17-22, 
 Estates or interests afiEected by lien, see post, 
 §§ 187-192. 
 
 § 20. — — lieaseholds. 
 
 See 34 Cent, Dig, Mech, Liens, § 21, 
 Leaseholds affected by. lien, see post, § 101. 
 
 [a] (Kiiii. 1907) 
 
 A mechanic's lien will not attach to the 
 interest acquired in lands by the lessee under 
 an ordinary oil or gas lease, notwithstanding oil 
 or gas is discovered. — I'hillips v. Spriuglield 
 Crude Oil Co., 92 P. 1119, 76 Kan. 783; Mar- 
 tin V. Same, Id. 
 
 [b] (Oltl. 1907) 
 
 A lessee holding under a lease from the 
 school land leasing board is an owner of land 
 within the mechanic's lien law, and th(! lien 
 may attach to such leasehold interest, subject 
 to the paramount interest of the United States, 
 the le'-Nor, or the holder of the fee. — Block v. 
 Pearson, 91 P. 714. 
 
 [c] 'Old. 1907) 
 
 Where one erects a building, and material 
 furnished is not paid for, a materialman's lien 
 may be had, though the person for whom the 
 building was erected is not the owner of a legal 
 title but only of a leasehold estate. — Crutcher v. 
 Block, 91 P. 895. 
 
 [d] (Olil. 1907) 
 
 Under Code Civ. Proc. § 619 (Wilson's Rev. 
 & Ann. St. 1903, § 4817), authorising mechanics' 
 liens, such a lien may attach to a leasehold, and 
 is not affected by the fact that the fixtures and 
 machinery on the leased premises may be con- 
 sidered personal property, and is not limited by 
 the fact that the lessee is entitled to remove 
 his buildings, fixtures, and machinery from the 
 premises. — Jarrell v. Block, 92 P. 167. 
 te] (OIcl. 1907) 
 
 A lessee of school land, the title to which 
 is in the government, is the owner, within Code 
 Civ. Proc. 5 619 (Wilson's Rev. & Ann. St. 
 1903. § 4S17). authorizing mechanics' liens. — 
 Jarrell v. B'.ock, 92 P. 167. 
 
 II. RIGHT TO LIEN. 
 
 (A) NATURE OP IMPROVEMENT. 
 § 26. Improvement, alteration, or re- 
 pair of building. 
 
 See 34 Cent. Dig. Mech, Liens, § 27. 
 
 [a] (N. Y. Sup.) 
 
 Under Mechanic's Lien Law, Laws 1897, 
 p. 515, c. 418, § 2, providing that the term "im- 
 provemeut," when used in the law, includes the 
 erectiou, alteration, or repair of any structure 
 on or connected with real property, etc., a per- 
 son performing labor or furnishing material for 
 repairs upon such a structure may have a lien 
 upon the property. — (1907) -l^tna Elevator Co 
 V. Deeves, 107 N. Y. S. 63, .".(i Misc. Rep. 565, 
 rehearing denied (1908) 108 N. Y. S. 718, 57 
 iNIisc. Rep. 032, and judgment affirmed (1908; 
 110 N. Y. S. 124. 
 
 §31. Apparatus for heatino-, cooking, 
 water supply, or ligihting. 
 
 See 34 Cent, Dig, Mech. Liens, § 36. 
 
 [aj (Or. 1908) 
 
 Where electric wires are inserted in a build- 
 ing so as to indicate an intention to make them 
 fixtures, they become the property of the owner 
 of the building, and may therefore be th» prop- 
 er subject of a mechanic's lien, under P>. & C. 
 Comp. § 5640.— Rowen v. Alladio, 03 P. 92D. 
 § 32. Machinery. 
 
 See 34 Cent. Dig. Mech. Liens, § 37. 
 
 [a] (N. Y. Sup. 1908) 
 
 Mechanic's Lien Law, Laws 1897, p. 516, 
 c. 418, § 3, gives a contractor performing labor 
 or furnishing materials for the improvement of 
 real property a lien therefor. Section 2 (page 
 515) provides that the term "improvement" in- 
 cludes the erection, alteration, or repair of any 
 structure connected with real property, and any 
 work done on such property or materials fur- 
 nished for its permanent improvement. Section 
 22 (page 525) requires ^ liberal construction. 
 neld, that machinery purchased for the pur- 
 pose of fitting up an empty building as a man- 
 
 Main titles, divisions, and section NUMBERS In this Digest and in Decennial Digest agree exactly. 
 
 Ill 
 
§ 48 [1908A-Page 1919] MECHANICS' LIENS, II (B), (C). 
 
 ufacturing establishment, and by the installa- 
 tion of which it was so altered, was an improve- 
 ment entitling the contractor furnishing the 
 same to a lien.— Griffln v. Ernst, 108 N. Y. S. 
 S16, 124 App. Div. 289. 
 
 § 75 
 
 (B) SERVICES RENDERED AND MATE- 
 RIALS FURNISHED. 
 
 Description in claim or statement of lien, see 
 post, § 139. 
 
 § 48. Materials prepared or fiiriiislied 
 but not used. 
 
 See 34 Cent. Dig. Mech. Liens, § 51. 
 
 [a] (U.S. C.C., W.Va., 1907) 
 
 Mere allegation and proof that machinery 
 sold by complainant was to be placed or used 
 in a mill are not sufficient to sustain a suit to 
 enforce a mechanic's lien therefor under the 
 statute of West Virginia giving a lien for the 
 price of "machinery for constructing, altering 
 or repearing a house, mill * * * or other 
 structure," without further proof that such ma- 
 chinery was intended to be and was so used 
 as to become a part of the realty. — Canton Roll 
 & Machine Co. v. Rolling Mill Co. of America, 
 15.J F. 321; Sturgiss v. Same, Id. 
 
 [b] (ArU. 1907) 
 
 The statute, giving a lien for materials for 
 any building furnished under contract with the 
 owner or contractor, only gives a lien for ma- 
 terials actually used in the construction of the 
 building for which they were furnished. — Central 
 Lumber Co. v. Braddock Land & Granite Co., 
 105 S. W. 533, 84 Ark. .500. 
 
 [c] (Pf. J. 1907) 
 
 In a suit to enforce a mechanic's lien under 
 P. L. 1S9S, p. .5.'JS. where it appears that the 
 materials were furnished for the building and 
 delivered to defendants or their agents in good 
 faith, it is no defense, in the absence of fraud on 
 the part of the creditor, that there may have 
 been a failure to use the materials thus fur- 
 nished in whole or in part or a diversion of the 
 same from the purpose for which thev were 
 intended.— Bell v. Meeum, 68 A. 149 ; Wistar 
 V. Same, Id. 
 
 (C) AGREEMENT OR CONSENT OP 
 OWNER. 
 
 Statement as to terms of contract in claim of 
 
 lien, see post, § 142. 
 Stipulations in contract as affecting right of 
 
 subcontractor or materialmen to lien, see post, 
 
 §§ 101-104. 
 
 § 56. Onmership or possession of land. 
 
 See 34 Cent. Dig. Mech. Liens, §§ 64-76. 
 Sl.itement as to ownership _or possession in 
 claim of lien, see post, § 13 1. 
 
 § 59. Purcliaser under executory con- 
 tract. 
 
 See 34 Cent. Dig. Mech. Liens, §§ 75, 76. 
 
 [a] (N. D. 1907) 
 
 Under Rev. Codes lOO-j, § 6248, providing 
 that every person for whose immediate benefit 
 any building is erected shall be included in the 
 words "owner thereof," a vendee under a con- 
 tract for the purchase of land under the crop 
 pavment plan is included. — Salzer Lumber Co. 
 v. Claflin. 113 N. W. 1030. 
 
 [b] (N. D. 1907) 
 
 A materialman furnishing lumber to the 
 occupant of land for a building on such land, 
 which is held by such occupant as vendee under 
 a contract for the purchase of the same under 
 the crop payment plan, is entitled to a lien on 
 the building and the vendee's interest in the 
 land, when he has duly filed a claim for such 
 lien. — Salzer Lumber Co. v. Claflin, 113 N. W. 
 
 vr.'.r,. 
 
 § 69. Authority to contract or consent. 
 
 See 34 Cent. Dig. Mech. Liens, §§ 84-86. 
 
 § '71. Husband or wife. 
 
 See 34 Cent. Dig. Mech. Liens, § 85. 
 
 [a] (Old. 1907) 
 
 Under Wilson's Rev. & Ann. St. 1903, § 
 4817, providing that any person furnishing ma- 
 terials for any building shall have a lien on the 
 land of the buildings for the amount due. one 
 who under contract with the husband of the 
 owner of the land furnishes material for build- 
 ing on said land is entitled to a lien for the 
 amount due for the material. — Block v. Pearson, 
 91 P. 714. 
 § 72. Agent or other representative. 
 
 See 34 Cent. Dig. Mech. Liens, § 86. 
 
 [a] (Pa. 1907) 
 
 Where an order appointing a receiver gives 
 him no authority to purchase material on credit, 
 for an improvement, but directs him to make 
 all necessary payments from his receipts, one 
 furnishing material is not entitled to a mechan- 
 ic's lien against the improvement. — Tenth Nat. 
 Bank of Philadelphia v. Smith Const. Co., 67 
 A. S74, 218 Pa. 584. 
 
 § 73. Form and requisites of contract or 
 consent. 
 
 See 34 Cent. Dig. Mech. Liens, §§ 87-98, 100-102. 
 
 [a] (111. 1907) 
 
 A building contract provided that the work 
 should be done for a specified price, fixed the 
 time for completion, and provided for final pay- 
 ment within 30 days from completion, but pro- 
 vided that, in case the contractor should be de- 
 layed through no fault of his own, the time 
 should be extended for a time equal to the time 
 lost by the delay. The contractor was delayed 
 through the fault of the owner, and, when asked 
 to proceed, he refused because the price of labor, 
 etc., had advanced, whereupon the owner in- 
 dorsed on the contract an agreement to pay a 
 certain additional sum for the increased cost. 
 Held, that the indorsement did not work a new 
 agreement on the whole subject, but was merely 
 a modification of the original contract, and 
 hence a contention that the contract would not 
 support a mechanic's lien, in that it did not 
 provide for a completion of the work, and the 
 making of payment at a time fixed, was of no 
 merit. — Concord Apartment House Co. v. O'Bri- 
 en, 81 N. E. 1076, 228 111. 476, affirming decree 
 (lilOO) 128 III. App. 437. 
 
 [b] (111.) 
 
 Where the contract in question fixes with 
 certainty the time for final completion of the 
 work and payment of the money within the 
 periods fixed by the statute, it is sufficient to 
 support a lien. — (1906) Concord Apartment 
 House Co. V. O'Brien, 128 111. App. 437, de- 
 cree affirmed (1907) 81 N. E. 1076, 228 111. 470. 
 
 § 75. Implied contract or consent. 
 
 See 34 Cent. Dig. Mech. Liens, § 103. 
 [a] (Me. 1907) 
 
 Where a new section of floor was laid with 
 the intention of making it a permanent im- 
 provement to the building, as well as a con- 
 venience to the tenant, who held under a lease 
 providing that the premises were to be used as 
 a skating rink, and it would have been of no 
 avail for removal by the tenant during his ten- 
 ancy, and was not in fact removed by him, and 
 the building, with the floor so repaired, continu- 
 ed to be used as a skating rink after he sur- 
 rendered possession, and the president of the 
 owner was present in the building the day aft- 
 er the repairs were commenced, and had knowl- 
 edge of the proposed repairs before the old 
 boards had all been taken up and any pai-t of 
 the new floor laid or the materials therefor fur- 
 nished, but expressed no dissent and gave no 
 notice that the owner would not be responsible, 
 and, in a suit by the owner against the tenant 
 for rent, he was given credit for a specified sum 
 as "an allowance on floor," such facts con- 
 stituted a consent by the owner to the Inying 
 of the new section of floor, within Rev. St. <:. 
 '.I."i, § 29, giving a lien for labor performed or 
 materials furnished in repairing a building 'by 
 
 For earlier cases In Decennial or cases In later Digests, see same topic, and section NUMBER. 
 
 112 
 
§ 75 
 
 MECHANICS' LIENS, II (C)-(E). 
 
 [1908A— Page 1920] 
 
 108 
 
 virtue of a contract with or by consent of tlie 
 owner."— York v. Mathis, 68 A. 746, 103 Me. 
 67. 
 
 [b] (N. M. 1908) 
 
 Notice to the general manager of a cor- 
 poration of the erection of improvements on 
 lands owned by it, or in which it has an in- 
 terest, is sufficient notice to the corporation, so 
 that its interest will be subject to a mechanic's 
 lien, in the absence of the posting of a notice 
 required by Comp. Laws, § 2226. — Stearns-Rog- 
 er JIfa-. Co. V. Aztec Gold Min. & Mill. Co., 
 93 P. 706. 
 
 [e] (N. Y. Sap. 1907) 
 
 A covenant in a lease obligating lessee to 
 keep the premises in good order and repair dur- 
 ing the term does not imply a consent by lessor, 
 within Mechanic's Lien Law, Laws 1897, p. 516, 
 c. 418, § 3, providing that a contractor or ma- 
 terialman who performs labor or furnishes ma- 
 terial for the improvement of real property 
 with the owner's consent shall have a lien ; 
 there being a distinction between "improve- 
 ments" and "repairs," within the contemplation 
 of that section. — iEtna Elevator Co. v. Deeves, 
 107 N. y. S. 63, 56 Misc. Rep. 565, rehearing 
 denied (1908) 108 N. Y. S. 718, 57 Misc. Rep. 
 632, and judgment affirmed (1908) 110 N. Y. S. 
 124. 
 
 [d] (N. Y. Sup. 1908) 
 
 A covenant in a lease obligating the lessee 
 to keep the premises in good order and repair 
 during the term does not imply a consent by 
 the owner to specific repairs, within Mechanic's 
 Lien Law, Laws 1897, p. 516, c. 418, § 3, pro- 
 viding that a contractor or materialman who 
 performs labor or furnishes material for the 
 improvement of real property with the consent 
 or at the request of the owner thereof shall 
 have a lien, and the premises will not be sub- 
 ject to a lien unless the particular repairs were 
 specifically provided for in the lease or the 
 owner expressly consented to or requested them 
 made, or, with knowledge that the repairs were 
 being made, acquiesced therein. — ^tna Elevator 
 Co. V. Deeves, 107 N. Y. S. 63, 56 Misc. Rep. 
 565, rehearing denied (1908) 108 N. Y. S. 718, 
 57 Misc. Rep. 632, and judgment affirmed (1908) 
 110 N. Y. S. 124. 
 
 § 78. Notice or protest by owner to pre- 
 vent lien. 
 See 34 Cent. Di?. Mech. Liens, § 111. 
 [a] (IV. M. 1908) 
 
 A mortgagee or trustee and beneficiaries 
 of a trust deed in the nature of a mortgage 
 have no such interest in the real estate on 
 which a mechanic's lieu is claimed as to re- 
 quire them to Dost the notice required under 
 Comp. Laws, § 2220, denying any responsibility, 
 where the mortgage or ti-ust deed was duly re- 
 corded as required by law before the work was 
 performed or the materials furnished for which 
 the lien is claimed. — Stearns-Roger Mfg. Co. v. 
 Aztec Gold Min. & Mill. Co., 93 P. 706. 
 
 (D) PERSONS ENTITLED IN GENERAL. 
 [No paragraphs or references in this Digest. But 
 see 34 Cent. Dig. Mech. Liens, §§ 112-125.] 
 
 (B) SUBCONTRACTORS, AND CONTRACT- 
 ORS' WORKMEN AND MA- 
 TERIALMEN. 
 
 Contest by contractors of liens of subcontract- 
 ors, workmen and materialmen, see post, § 
 257. 
 
 Lien against state, see "States," § 108%. 
 
 Lien on money due contractor for public im- 
 provements, see "Municipal Corporations," § 
 373. 
 
 § 96. Agency of principal contractor for 
 ownor. 
 
 See 34 Cent. Dig. Mech. Liens, § 128. 
 
 [a] (Idalio, 1907) 
 
 A contractor being only the special agent 
 of the owner of a building with limited power, 
 his authority to bind the property for the value 
 
 of the material extends only to such as is rea- 
 sonably sufficient properly to construct the 
 building in accordance with the plans or under 
 the agreement between the owner and the build- 
 er. — Valley Lumber & Jlfg. Co. v. Nickerson, 
 93 P. 24, 13 Idaho, 682. 
 
 [b] (Idalio, 1907) 
 
 Under mechanic's lien law (Act Feb. 7, 
 1899; Sess. Laws 1899, p. 147), a contractor 
 is a special agent of the owner for the purpose 
 of securing the material necessary, but the own- 
 er cannot be bound through such agency, but 
 the charge becomes one purely against the 
 building. — Valley Lumber & Mfg. Co. v. Nicker- 
 son, 03 P. 24, 13 Idaho, 682. 
 §101, EfBect of stipulations in principal 
 contract. 
 
 See 34 Cent. Dig. Mech. Liens. §§ 134-13G. 
 § 104. As to payment. 
 
 See 34 Cent. Dig. Mech. Liens, § 136. 
 
 [a] (Cal. 1907) 
 
 A building contract, whereby the final pay- 
 ment of one-fourth of the contract price was to 
 be made at the completion of the building, is 
 such a substantial departure from Code Civ. 
 Proc. § 1184, providing that at least one-fourth 
 of the contract price shall be made payable at 
 least 35 days after completion of the contract, 
 as to subject the owner to the provision of that 
 section that, if the building contract shall not 
 substantially conform to that section, the labor 
 done and materials furnished by all persons ex- 
 cept the contractor shall be deemed to have been 
 done and furnished at the request of a person 
 who contracted with the contractor, and that 
 they shall have a lien therefor ; and it is no 
 defense to an action to foreclose such lien that 
 the entire contract price had been paid, and that 
 the last payment had been divided pro rata 
 among claimants against the contractor. — Mer- 
 ced Lumber Co. v. Bruschi, 92 P. 844. 
 
 § 106. Subcontractors of subcontractor. 
 
 See 34 Cent. Dig. Mech. Liens, § 138. 
 
 [a] (Ind. App. 1908) 
 
 Bums' Ann. St. 1901, § 7255, giving me- 
 chanics' liens to "contractors, subcontractors, 
 laborers, and all persons performing labor or fur- 
 nishing material" is sufficiently broad to give 
 a lien to one who contracts with a subcontractor. 
 Rehearing (1907) 81 N. B. 1154, denied.— Ste- 
 phens V. Dufey, 83 N. E. 268. 
 
 [b] (Olil. 1907) 
 
 A subcontractor of a subcontractor is not 
 entitled to a lien on a building, under the pro- 
 visions of the statute of 1893, regarding liens 
 of mechanics and others; the right to a lien 
 under that statute being confined to artisans, 
 laborers, contractors, and subcontractors. — Van- 
 denberg v. P. T. Walton Lumber Co., 92 P. 149. 
 
 § 107. Employes of contractors or sub- 
 contractors. 
 
 See 34 Cent. Dig. Mech. Liens, § 139. 
 [a] (Ind. App. 1907) 
 
 Burns' Ann. St. § 7255, giving mechanics' 
 liens to contractors, subcontractors, mechanics, 
 journeymen, laborers, and all persons perform- 
 ing labor or furnishing material or machinery 
 for the erection, altering, or repair of a build- 
 ing, etc., was sufficiently broad to give an em- 
 ploys of a subcontractor a mechanic's lien for 
 work done on a building. — Stephens v. Duffy, 81 
 N. B. 1154, rehearing denied (1908) 83 N. B. 
 268. 
 
 § 108. Persons furnishing materials to 
 contritetors or subcontractors. 
 See 34 Cent. Dig. Mech. Liens, §§ 140, 14L 
 [a] (Cal. App. 1907) 
 
 Code Civ. Proc. § 1183, relating to me- 
 chanics' liens, provides that, where the contract 
 is not recorded, it shall be void, and the ma- 
 terials furnished by others than the contractor 
 shall be deemed to have been furnished at the 
 personal instance of the owner, and they shall 
 have a lien for the value thereof. Held, that tlie 
 owner of the premises is not made personally 
 responsible for the materials, but the presump- 
 
 Maln titles, divisions, and section NUMBERS In this Digest and In Decennial Digest agree exactly. 
 Brief Mak.(3d Ed.)— 8 113 
 
§ 4: HOW TO FIND THE LAW (Part II 
 
 Each one is a complete digest for the period covered, and all are 
 prepared upon the same classification. 
 
 That classification is based upon the following principle or theorem : 
 
 Law is the effort of society to protect Persons in their rights and 
 relations, to guard them in their Property, enforce their Contracts, hold 
 them to their liabilities for their Torts, punish their Crimes, by means 
 of Remedies administered by the Government. 
 
 The plan is therefore the arrangement of all law primarily under 
 the following 7 categories : Persons, Property, Contracts, Torts, 
 Crimes, Remedies, Government. 
 
 These 7 categories form the basis of 34 comprehensive divisions of 
 the law. Thus the first category. Persons, is divided into : 
 
 (a) Titles of Subjects Relating to Natural Persons in Gen- 
 eral 
 
 (b) Titles of Subjects Relating to Particular Classes oe 
 Natural Persons 
 
 (c) Titles of Subjects Relating to Personal Relations 
 
 (d) Titles of Subjects Relating to Associated and Artificial 
 Persons 
 
 (e) Titles of Subjects Relating to Particular Occupations 
 From each of these 34 divisions are deduced a number of titles. 
 
 Thus from the first division of Persons are drawn titles as follows : 
 
 Titles of Subjects Relating to Natural Persons in General 
 
 Civil Rights 
 
 Dead Bodies 
 
 Death 
 
 Domicile 
 
 Food 
 
 The total number of titles derived in this way is 412. A list of them 
 arranged by category and. division is given in Chapter 8 of the Ap- 
 pendix, followed by an alphabetical list. 
 
 These titles are the main heads of the law under which all digest 
 paragraphs are classified and appear in any Standard Digest. Each 
 title is divided, and often redivided, as explained below in § 6; the 
 analysis being as detailed as may be required by logic and by the tre- 
 mendous mass of cases to which it must be capable of being applied. 
 
 The topics and the analysis of each are fixed and unchanging and 
 may be applied in any digest, however large or small, simply omitting 
 those parts of the classification under which there is no matter to be 
 digested in that particular digest. 
 
 Throughout the foUowing sections it is important to think of the 
 classification as a thing distinct from any particular digest — as distinct 
 as the shelves of a library are from the books which occupy them or 
 the room which contains both books and shelves. 
 
 114 
 
 Health 
 
 Seals 
 
 Plolidays 
 
 Signatures 
 
 Intoxicating Liquors 
 
 Sunday 
 
 Names 
 
 Time 
 
 Poisons 
 
 Weapons 
 
Ch. VIII) USE OF DIGESTS MECHANICAL FEATURES § 6 
 
 (b) Same — Main Titles or Topics 
 
 Each of the 412 main titles or topics represents some well-defined 
 subject or branch of the law, such as Bailment, Bills and Notes, Con- 
 tra-cts, Eminent Domain, Negligence, Replevin, Sales, Trespass, and the 
 like. It must be remembered that these topics are the only titles under 
 which any digest paragraphs (i. e., statements of points of law in tlie 
 cases digested) are ever placed. This is the peculiarity which distin- 
 guishes them fundamentally from the Cross-Ref erence titles to be dis- 
 cussed later. In the illustrative pages inserted in this chapter will be 
 found the topic Mechanics' Liens. Mayhem, on page 1917, is also 
 a main topic, though in this particular volume of the digest it happens 
 that there are no paragraphs to go under that title. These two will 
 serve to show how the topics appear in the Key- Number Series. 
 
 On page 269 of the Reference Book will be found pages taken from 
 the topic Constitutional Law, in the Century Digest ; and on page 339, 
 the same topic from the Decennial. 
 
 Though the number of main titles used in the Standard Classifica- 
 tion Scheme is fixed, provision is made for the growth and development 
 of the law, and for taking care of new cases and the application of 
 principles to absolutely new conditions, by the system of subdividing 
 topics which has been adopted. This will be made clear when we come 
 to describe the division of topics into sections. 
 
 § 5. Mechanical Features of the Digest 
 
 We shall now turn our attention to the mechanical features of the 
 digest, including the subdivisions of topics and the system of cross-ref- 
 erence. 
 
 § 6. Same — Cross-Reference Titles 
 
 But, besides the 412 topics, or main titles, used in the digest, under 
 which are placed the digest paragraphs representing the various points 
 or propositions decided by the courts, there are in each digest a large 
 number of other titles, known as "cross-reference titles," under which 
 no digest paragraphs are ever placed. Generally speaking, these cross- 
 reference titles indicate the various subjects of litigation — subjects of 
 controversy between litigants, etc. Under each such cross-reference 
 title are placed one or more cross-references showing where proposi- 
 tions of law, relating to subjects indicated by the cross-reference title, 
 are to be found. 
 
 Thus, on page 1917 of Vol. 3, Key-Number Series, reproduced 
 above, are the titles. Materialmen, Materials, Maturity, Maxims, May- 
 or, Measurements, Measure of Damages, and Measures. These are 
 cross-reference titles, and under them it will be noticed there are cross- 
 references. The exact nature and use of these cross-reference titles 
 and cross-references will be explained hereafter in § 9. 
 
 115 
 
8 7 HOW TO FIND THE LAW (Part II 
 
 § 7. Same — Arrangement and Contents of Topics 
 
 The attention of the reader is called to the fact that the titles used 
 in the digest, whether they are topic titles, like Mayhem and Mechanics' 
 Liens, or cross-reference titles, like Materialmen, Materials, Maturity, 
 etc., are arranged in strictly alphabetical order. That is to say, the ar- 
 rangement of the titles is identical with the arrangement of words in a 
 dictionary. The reader should remember this, as he will find that it 
 will give him much greater facility in handling the digest and in finding 
 particular titles, if he grasps the fact that the arrangement of titles is 
 on the dictionary plan, and has no reference to the logical division of 
 the law into topics. ' 
 
 It now becomes necessary to see what the topic or main title includes. 
 
 (a) The Scope-Note 
 
 In the Century and Decennial Digests, though not in the various di- 
 gests of the Key-Number Series, there is printed immediately fol- 
 lowing each topic title a couple of paragraphs which are called the 
 Scope-Note. The first paragraph of this scope-note shows very brief- 
 ly the character of the subject-matter included under the title. The 
 second paragraph shows the "Exclusions" — i. e., what related matter 
 has been excluded in order to conform to the plan of the Digest — and 
 directs the reader to the proper title under which such related matter 
 may be found. Consequently a little study of the scope-note will 
 ofttimes repay the searcher for the few moments' time consumed in 
 so doing. 
 
 Thus, if authorities are desired showing the liability of a railroad 
 company for an injury to one of its passengers, and the searcher 
 should decide to examine the topic Railroads, the scope-note will in- 
 form him that such cases are excluded, and will be found under the 
 topic Carriers. 
 
 The reason for this arrangement is that the legal relationship of 
 the railroad company and the individual in such cases is that of Car- 
 rier and Passenger, and, the Digest having a topic of that character, 
 to wit. Carriers, such cases have been placed under that title. 
 
 Or, again, suppose authorities are desired showing the liability of a 
 railroad company for an injury to one of its employes, and the search- 
 er should decide to examine the topic Railroads, the scope-note will 
 inform him that such cases are excluded from the topic Railroads, 
 and have been placed under the topic Master and Servant. 
 
 The reason for exclusion is because the legal relationship of the 
 parties in this case is that of employer and employe. 
 
 2 The topics not being arranged by category and division, the explanation 
 given in § 4a, supra, is important only as stiowing how the topics were origi- 
 nally chosen and fixed upon, and how the classiflcation was developed upon a 
 logical theory. But the 7 categories there mentioned and their 34 divisions 
 do not appear in any way in the digests, nor do they concern the searcher in 
 any practical way. 
 
 116 
 
Ch. VIII) USB OP DIGESTS MECHANICAL FEATURES § 8 
 
 If the searcher desired authorities as to the liabihty of a railroad 
 company for injuries tO' a trespasser, and goes to the topic Railroads, 
 the scope-note will inform him that such cases will be found under 
 that title; the right to recover not being the result of, or dependent 
 upon, any peculiar, personal, or contract relation between the parties 
 in this case. 
 
 And again, if the searcher desired authorities on the Construction, 
 Maintenance, Regulation, Operation, or Organization of Railroads, 
 the scope-note will inform him that cases dealing with such questions 
 have been placed under the title Railroads. 
 
 For particular illustration of the scope-note in the Century, the 
 reader is referred to Reference Book, pp. 269, 275, and 285, and to pp. 
 341, 347, and 363, for similar matter in the Decennial.^ 
 
 (b) Analysis of Topic 
 
 Immediately following the scope-note in the Century and Decennial 
 and the topic title in the Key-Number Series is the analysis of the 
 topic. This, as explained more fully below, is in effect a detailed table 
 of contents of the topic, showing its divisions, subdivisions, and sec- 
 tions, and the place where such groups of paragraphs as the search- 
 er desires to read may be found. 
 
 (c) Cross-references 
 
 Following the analysis is a collection of cross-references, which serve 
 much the same purpose as the "Exclusion" paragraph of the scope- 
 note, but which are narrow and detailed, rather than broad and gen- 
 eral.* See § 9 (a) below. 
 
 (d) Digest Paragraphs 
 
 Next follow the digest paragraphs, which have been classified to 
 the topic, these being arranged under the divisions, subdivisions, and 
 sections. It is to make these digest paragraphs easily accessible that 
 classification was conceived and created. 
 
 There are approximately 3,500,000 digest paragraphs in the Amer- 
 ican Digest System. This mass of material is the country of which 
 the classification is merely the map, and the cross-references the sign 
 posts. 
 
 § 8. Same — Subdivision of Topics 
 
 Each main head or topic title is designed to cover a certain subject 
 or branch of the law. It is obvious that any one of these, topics, if 
 analyzed, is capable of division into two or more subdivisions, accord- 
 ing to the complexity of the subject. For example, the simplest crim- 
 inal topic, such as Bribery, will be seen by analysis to include such 
 definite elements as "Nature and Elements of Offense," "Defenses," 
 
 3 The scope-notes of the topics are omitted from the current volumes of 
 American Digest Key-Number Series. 
 
 4 These are in effect detailed "exclusions." 
 
 117 
 
§ 8 HOW TO FIND THE LAW (Part II 
 
 "Persons Liable," "Prosecution and Punishment." More complex 
 subjects or topics may, on analysis, be resolved into a number of main 
 divisions, and these main divisions into less comprehensive subdivi- 
 sions. 
 
 It is apparent that this division of main topics, especially of those 
 which are very complex, facilitates the work of the digester in dis- 
 tributing matter under them, and, conversely, as the subdivisons are 
 logical and analytical, facilitates the use of the digest by limiting the 
 investigator's search to a definite portion of the topic, which he may 
 determine upon by analyzing the proposition on which he desires au- 
 thorities. 
 
 All of "the main topics in the digests are therefore subdivided — the 
 smaller, those containing but a few paragraphs, into section lines only ; 
 while the larger, which ordinarily contain anywhere from 100 to 2,000 
 paragraphs, in a volume of the Key-Number Series, and a vastly 
 greater number in the Century or Decennial, are divided into main di- 
 visions, indicated by capital letters in parentheses [(A), (B), etc.]. To 
 the latter class belongs Mechanics' Liens, to the analysis of which in 
 the foregoing illustrative pages, the reader's attention is called. Un- 
 der Mayhem, on the other hand, the only division is into sections. 
 
 (a) Main Divisions and Suhdivisions 
 
 As already stated, every topic is analyzed ; the degree to which this 
 analysis of different topics is carried varying with the complexity of 
 the law and the amount of matter to be inserted under it. 
 
 Most, though not all, topics are divided into two or more main di- 
 visions, to which Roman numerals are always attached. 
 
 Thus, the topic BUls and Notes is divided into eight main divisions, 
 and each of these groups described by a permanent line, called a "di- 
 vision line," analogous to the title of the topic ; it being descriptive of 
 the contents of the division. 
 
 The line Requisites and Validity describes one of these. Construc- 
 tion and Operation describes another, and Modification, Rcncical, and 
 Rescission another, and so on. 
 
 Requisites and T'alidity is designated Division I, Construction and 
 Operation designated Division II, and Modification. Renezval, and Re- 
 scission Division III. They always appear in their numerical order. 
 It will be noticed these division lines really represent broad phases of 
 the subject Bills and Notes. 
 
 In many topics, some or all of the main divisions are redivided into 
 one or more subdivisions, which are designated by letter, as Subdivi- 
 sion (A), Subdivision (P.), etc. Thus Division I of Bills and Notes is 
 entitled Requisites and Validity and is subdivided into (A) Form and 
 Contents of Bills of Exchange ; (B) Form and Contents of Promissory 
 Notes and Due Bills; (C) Execution and Delivery. 
 
 To illustrate this analyzing of the contents of a topic further : The 
 topic Conspiracy is divided into divisions : (I) Civil Liability ; and 
 
 118 
 
Ch. VIII) USB OF DIGESTS MECHANICAL FEATURES § 8 
 
 (II) Criminal Responsibility. Division I is divided into two subdi- 
 visions, "Acts Constituting Conspiracy," covering definitions and pro- 
 visions as to the nature and extent of the liability, and "Actions," cov- 
 ering procedure. Similarly, the main division II "Criminal Responsi- 
 bility," is divided into two subdivisions : (A) "Offenses ;" and (B) 
 "Prosecution and Punishment." 
 
 The number of main divisions and subdivisions into which a topic 
 is divided, and the degree to which a topic is subdivided, will, of 
 course, vary according to the complexity of the general subject. The 
 topic Assault and Battery, like the topic Conspiracy, has 2 main divi- 
 sions, while the topic Judgment, which is very comprehensive and 
 complex, has 22 main divisions. If these main divisions are compre- 
 hensive and complex, as they are likely to be in complex topics, they 
 may be divided into two or more subdivisions. For example, it will 
 be noticed that Division II of the title Mechanics' Liens is divided into 
 five subdivisions ; whereas Division III is divided only into sections. 
 
 (b) Piermanence of Divisions and Sttbdivisions 
 
 The divisions and subdivisions into which the larger and more com- 
 prehensive topics are divided are permanent, and are the same in all 
 digests compiled under the Standard Classification Scheme ; that is to 
 say, in whatever digest the search is made, the topic Mechanics' Liens, 
 taking that as an example, will be found always to be divided into 
 eight main divisions, and of these. Divisions II, IV, and VI will be 
 found to be divided into subdivisions exactly as they are shown in 
 the digest pages included herein. The result is that, if a proposition 
 of law is located in any Standard Digest in terms of the division and 
 subdivision of a topic, it is necessary to go only to that topic, division, 
 and subdivision, in order to find similar cases in other digests which 
 are compiled strictly on that classification.^ 
 
 For example, suppose the brief maker is interested in a case in- 
 volving the question whether one who has supplied apparatus for 
 heating or lighting in the construction of a building may have a me- 
 chanic's lien therefor ; he would locate his first case in the topic Me- 
 chanics' Liens, Division II, Subdivision (A). To find all other cases 
 involving that question it would be necessary to go only to Subdivi- 
 sion (A) of Division II of the topic Mechanics' Liens in the other 
 volumes of the digest — the Century, Decennial, and Key-Number Se- 
 ries. 
 
 (c) Sections or Black Letter Lines 
 
 But we have still to reach the final topical division of the classi- 
 fication — that under which the digest paragraphs actually appear in 
 every digest. 
 
 B To fix this point firmly In mind, the reader is advised to turn to the Ref- 
 erence Book, pp. 433 to 634, where the topic Infants will be found reproduced 
 from each of the volumes of the Key-Number Series. 
 
 119 
 
§ 8 HOW TO FIND THE LAW (Part II 
 
 Every topic or main head is divided into sections. In the smallest 
 topics, such as Mayhem, the sections constitute the only division made 
 of the topic. In others, they are the parts into which a subdivision 
 has been divided. 
 
 Each section is numbered and its scope is indicated by an analysis 
 line, which will hereafter be referred to as the Black Letter Line (it 
 being always printed in black letter) or as the Section Line. The 
 number of black letter lines in a topic varies, according to the complex- 
 ity of its general subject-matter. For example, a very small and al- 
 most obsolete topic, like Mayhem, contains only 7 section lines, and 
 there are no divisions or subdivisions intervening between them and 
 the topic title, because none are needed. The topic Mechanics' Liens, 
 if all phases of the law are represented in a particular digest, con- 
 tains nearly 320 section lines. Larger and more comprehensive topics, 
 such as Appeal and Error or Criminal Law, contain over 1,200 section 
 lines. These section, or black letter, lines represent the final analysis 
 of the subject, the most specific phase of the law, whether regarded 
 from the standpoint of the principle or from the standpoint of the 
 facts. 
 
 (d) ti-em Dash Lines and Italic Lines 
 
 It will be noticed, however, that in some of these sections the black 
 letter line is preceded by a dash, technically known as a "2-em dash." 
 These 2-em ° dash lines are subdivisions of the next preceding full line, 
 although they are themselves section lines. For example, the black 
 
 letter line to § 20 of Mechanics' Liens, on page 111 above, is " 
 
 Leaseholds." The dash indicates that this section is merely a subdi- 
 vision of § IS, "Estates or interests which may be subject to lien," 
 which is the next preceding full line. So, too, the black letter lines of 
 sections 71 and 72, on page 112 above, are 2-em dash lines, indicating 
 that those sections are subdivisions of section 69, and are to be read 
 in connection with section 69. 
 
 The growth of the law and the application of principles to entirely 
 new conditions are provided for by adding new section lines to the 
 Standard Classification as occasion arises for their use. These sec- 
 tions are given half numbers and are designated as "New" in the first 
 Key-Number Series volume in which they appear. 
 
 In order to facilitate the use of the Decennial Digest (either by it- 
 self or in conjunction with the Century Digest), another device has 
 been used where a Decennial black letter line is comprehensive and 
 
 8 This name is perhaps an unfortunate one, simplv because it is technical 
 and therefore meaningless to persons unfamiliar with printers' terms But it 
 has been used so long that we retain it here, for to introduce a new phrase 
 would only cause confusion. The "em" is a printer's measure, being a square 
 of typo whose side is the length of the letter "m" in whatever type is being 
 measured. Thus It varies with the size of the type used. The "2-em" dash is 
 a dash 2 ems long. 
 
 120 
 
Ch. VIII) USB OF DIGESTS MECHANICAL FEATURES § 8 
 
 contains a large number of paragraphs. In such instances the section 
 in the Decennial has been subdivided into subsections, which are in- 
 dicated by numbers in parentheses [(1), (2), etc.] and given italic lines 
 to show the character of the matter in such sulDsections. (Reference 
 Book, pp. 382 to 385.) These subsections are not used in the Ameri- 
 can Digest Key-Number Series, because they are not necessary, in 
 view of the smaller amount of matter in any one of those digests, as 
 compared with the Decennial and Century Digests. 
 
 (e) Permanence of Sections 
 
 In explaining the classification, we have stated several times that 
 it is fixed and unchanging; that it is the same in whatever digest it is 
 applied. It will be necessary to qualify this statement in one or two 
 respects, as regards the Century Digest. As already stated, the classi- 
 fication was originally developed for and was first applied in the Cen- 
 tury Digest, which contains nearly twice as much matter as the De- 
 cennial. While the topics, main divisions, and subdivisions have been 
 maintained, the greater amount of matter required a greater number 
 of sections in the Century than in any subsecjuent digest. According- 
 ly, before preparing the Decennial Digest, the classification was modi- 
 fied (after publication of the Century) by combining consecutive sec- 
 tions where it could be done logically. But no further modification 
 has since been made, and the classification to-day is the classification 
 exactly as it was used in the Decennial Digest.^ 
 
 Therefore, beginning with the Decennial Digest, not only are the 
 main divisions and subdivisions of every topic permanent, but the 
 sections and their attendant black letter lines have become fixed. The 
 standard classification being the classification exactly as it was applied 
 in the Decennial, and the sections of each topic being numbered con- 
 secutively therein, each section retains the number there given to it. 
 Thus § 4 of Fixtures is "Intent in making annexation." This 
 black letter line being numbered 4 in the Classification, this number is 
 inseparable from it. Wherever it appears in any subsequent digest 
 of the system, the same number is and will always be attached to it. 
 
 The result is that, if a case involving a certain proposition of law 
 is located in the Decennial Digest in a certain section of a topic, it is 
 necessary to go only to the same topic and section in the digests of the 
 Key-Number Series in order to find all the cases decided since 1906 
 and involving the same question. If, on the other hand, the first case 
 is located in any digest subsequent to the Decennial, in a certain sec- 
 tion of the topic, then, in order to find all of the cases involving a simi- 
 lar question decided since 1897, it is necessary to go only to the same 
 topic and section in the Decennial and the other volumes of the Key- 
 Number Series. Cases decided prior to 1897 may be located in the 
 
 f How these modifications were made, so as to cause no confusion, is ex- 
 plained below in § 10. 
 
 121 
 
§ 8 HOW TO FIND THE LAW (Part II 
 
 Century Digest by the Century reference line, which is found under, 
 every black letter line in the Decennial and American Digests (and 
 which will be explained below). 
 
 Naturally, in any particular volume of the Key-Number Series, 
 covering as it does only about half of the year, many phases of the 
 law represented by black letter lines will not be represented by any 
 decisions. There being no digest paragraphs in such volume for a 
 large number of the black letter lines provided in the classification, 
 these black letter lines and their corresponding permanent section num- 
 bers are entirely omitted from that particular digest. This explains 
 the many omissions of section numbers in any volume of the Key- 
 Number Series. For example, it will be observed that in the topic 
 Mechanics' Liens in Volume 3, Key-Number Series (see pages 110 to 
 113 above, in this chapter), all the section lines between 48 and 56 and 
 between 59 and 69 have been omitted, as well as numerous other lines. 
 
 (f) Analysis of a Topic 
 
 Following the scope-note of each topic in the Century and Decen- 
 nial Digests, and immediately following the title of the topic in the 
 Key-Number Series, is the analysis, already mentioned (in |§ 8 (b) 
 above). This is a Table of the Contents of the topic, showing how it 
 is divided and arranged ; i. e., it is a list of the divisions, subdivisions, 
 and sections of the topic. In the Century and Decennial it is com- 
 plete — that is, it shows all the sections in the classification. But in the 
 Key-Number Series it does not give the whole classification; for, 
 though all the main divisions and subdivisions appear, only such 
 sections are given as have digest matter classified under them in the 
 particular volume examined. The reader is asked to remember this, 
 as in explaining the use of digests it will frequently be necessary to 
 refer to the analysis of the topic, and it is desirable that he under- 
 stand what is meant by that term. 
 
 (g) Additional Subdivisions of Topics in Century Digest 
 
 It will be noticed that, in explaining the methods of dividing and 
 subdividing topics, reference has been made to only two grades of 
 subdivisions aside from the division into the ultimate section that is 
 common to all topics of the classification. That is to say, in the clas- 
 sification as it is applied in the American Digest System generally (and 
 in other Standard Digests), the larger and more comprehensive top- 
 ics are divided into the main divisions, indicated by Roman numerals, 
 and subdivisions, indicated by capital letters in parentheses. But in 
 the Century the amount of digest matter made it necessary to extend 
 — or, more properly speaking, to distend — the classification, in some 
 topics particularly. Therefore, in the preparation of this digest, it 
 was found best to carry the subdivision of the matter much farther, 
 and to use, not only the main divisions and subdivisions referred to 
 already, but, in most instances, third grade subdivisions indicated by 
 
 122 
 
Ch. VTIT) USE OP DIGESTS MECHANirAL FEATURES § 9 
 
 Arabic numerals, fourth grade subdivisions, indicated by small letters 
 in parentheses, and in some instances even fifth grade subdivisions." 
 
 Besides the general analysis at the head of the topic in the Century 
 Digest, there is prefixed to each division and subdivision of the topic 
 an analysis of such division or subdivision. In this analysis at the head 
 of the topic the final division into sections is not shown. This division 
 into sections is found in the anahsis appended to the divisions and 
 subdivisions in the body of the digest text. 
 
 These points will be understood more easily if the reader will ex- 
 amine the pages from the topic Ezidence in the Reference Book (pp. 
 274 to 277). 
 
 § 9. Same — Cross-References 
 
 The character of cross-reference titles has already been indicated in 
 § 7 above, where it was explained that the only matter inserted 
 under such titles consists of cross-references. Since there is no mat- 
 ter digested under these cross-reference titles, what is their relation to 
 the classification ? 
 
 In the first place, they are not a part of the classification, which we 
 have described as the framework upon which the digest matter is hung. 
 The cross-reference titles are nothing more nor less than index words, 
 and the cross-references are nothing more nor less than index lines. 
 
 To illustrate what is meant by "index words" and "index lines," 
 turn to the index to any text-book — for instance, the index to Tiffany 
 on Persons and Domestic Relations contained in the Reference Book, 
 p. 149. It will be noticed that in this index are certain words in capi- 
 tals, indicating the principal subjects treated in the text-book, such as 
 Adoption. This is an index word. Under it are found lines indicat- 
 ing more specific phases of the general subject-matter represented by 
 the index word. For instance, under Adoption is the line "status of 
 adoptive parent and child." This is an index line. Now, a cross- 
 reference title in the digest corresponds in its functions to the index 
 word, and a cross-reference corresponds in its functions to the index 
 line. 
 
 That is to say, the cross-reference titles and cross-references serve 
 exactly the same purpose as do the index words and index lines in the 
 index to an ordinary text-book. The whole body of cross-references 
 contained in any digest might be regarded as simply an index to that 
 digest. The only mechanical difference between such an index and 
 the index to a text-book is that, instead of being collected together in 
 the back of the volume, as is the case with the index to an ordinary 
 
 8 On some topics the law became so well settled during the period covered 
 by the Century that thereafter little room existed for dispute and compara- 
 tively few cases have since been litigated. On the other hand, some topics 
 have become of far greater importance in recent years. Thus, there are 
 more points digested under ilunicipal Corporations in the Decennial than 
 under that topic in the Century. 
 
 123 
 
I 9 HOW TO FIND THE LAW (Part II 
 
 text-book, the index words are interspersed throughout the body of the 
 digest, being arranged in alphabetical order under the same alphabet 
 with the titles of the various chapters (i. e., topics) of the digest. 
 
 The index character of these cross-references is shown by the use of 
 them. Take, for example, the cross-reference title Materials in the 
 illustrative pages inserted above, and the second cross-reference un- 
 der that title : "Right to mechanic's lien for materials furnished, see 
 Mechanics' Liens, § 48." This is merely an index line telling where 
 the law relating to the right to a mechanic's lien is digested, when 
 that right is dependent on the nature of the materials furnished. 
 Turning to the title Mechanics' Liens, § 48 (page 1919), it will be 
 seen that section 48, as indicated by the black letter line showing its 
 contents, deals with propositions of law relating to the right to me- 
 chanics' liens for materials prepared or furnished, but not used. 
 
 Again, the index character of the cross-reference titles and cross- 
 references is clearly shown by examination of the index to the Cen- 
 tury Digest, which is contained in Volume 50. This index is simply 
 a collection in one place of all the cross-reference titles and cross- 
 references in the whole 50 volumes of the Digest; in this index the 
 cross-reference titles becoming index words and the cross-references 
 becoming index lines. 
 
 The Descriptive-Word Index, explained below, in § 17 of this 
 chapter, is of the same character as the Century Index, but is fuller 
 and more detailed, and contains certain varieties of matter not in- 
 cluded in the latter. 
 
 (a) Cross-References under Main Titles 
 
 Cross-references are also found, however, in places other than un- 
 der cross-reference titles. 
 
 Thus, in almost every topic, a body of cross-references will be 
 found immediately following the analysis of the topic. These are 
 frequently referred to as the "Exclusions," because they indicate what 
 related matter, which might by some be expected to come within the 
 scope of the topic, has been excluded therefrom, and where such mat- 
 ter has in fact been provided for in the classification." On page 1918 
 of the digest are found cross-references following the analysis of the 
 title Mechanics' Liens. That these cross-references also are merely in- 
 dex lines is clearly shown by their character. For example, the lien 
 given by statute on railroad property for labor and supplies is a lien 
 
 It is well to rememlier that the person using a digest will often believe 
 that a particular phase of the law ought to be digested or may have been 
 digested under one topic, whereas the expert classiner has actually placed it 
 (and properly placed it) under a different topic. The important point being 
 to make the digest matter accessible, cross-references are inserted in those 
 places where the searcher may reasonably suppose that such matter might 
 be digested. These refer him to the place where the digest matter has in 
 fact been digested. 
 
 See Chapter XIIT, § 4. 
 
 124 
 
Ch. VIII) USB OF DIGESTS MECHANICAL FEATURES § 9 
 
 analogous to a mechanic's lien ; but, being a specific and special lien, it 
 is excluded from the title Mechanics' Liens and put under the title 
 Railroads, and there is a cross-reference among the cross-references 
 following the analysis of the title Mechanics' Liens telling the inves- 
 tigator where to go for liens on railroad property. 
 
 Not only is it necessary to have references leading from one topic 
 to another, but, different parts of the same topic often being related, 
 cross-references between them are found, under division or subdivi- 
 sion headings, together with additional cross-references to other top- 
 ics. For example, under subdivision (B) of division II of the topic 
 Mechanics' Liens (page 112, above) there is a cross-reference reading, 
 "Description in claim or statement of lien, see post, § 139." That 
 cross-reference indicates that cases passing upon the sufficiency of the 
 description of services rendered and materials furnished, in the claim 
 or statement of lien, are to be found digested in section 138 of this 
 topic, Mechanics' Liens. So, too, cross-references are found under 
 many section lines or black letter lines. For instance, under section 
 3 is found a cross-reference, "Subjects and titles of acts relating to 
 mechanics' liens, see Statutes, § 115;" another under section 20, 
 "Leaseholds affected by lien, see post, § 191." There are other ex- 
 amples under sections 15 and 56. 
 
 Where the cross-references refer to other topics, as in the general 
 cross-references following the analysis of Mechanics' Liens and the 
 cross-references under section 3, they are called "external cross-refer- 
 ences." When they refer to other sections within the topic, as in- 
 dicated by the words "ante" or "post," as in the cross-references un- 
 der subdivisions (B) and (C), on page 112, above, and under the sec- 
 tion lines 15, 20, and 56, they are called "internal cross-references." 
 
 Cross-references inserted under the main topics often serve a col- 
 lateral purpose in leading the investigator, who has located his propo- 
 sition in the classification, to analogous lines of cases which he may 
 wish to find after he has located those cases which are directly in 
 point, as, for instance, where the subject he is studying is broader 
 than the scope of a particular black letter line (section). 
 
 (b) Words and Phrases 
 
 Among the cross-reference titles included in the American Digest 
 Key-Number Series and in the indexes to the Reporter volumes is 
 the title Words and Phrases, under which are gathered together in 
 their alphabetical order all words and phrases judicially defined in 
 the particular volume. This cross-reference title is an important one, 
 as in effect it makes the American Digest and the Reporters supple- 
 mentary volumes of the eight-volume work "Words and Phrases," 
 described in Chapter V, § 13. The practical use of this cross-refer- 
 ence title is explained in Chapter IX, § 10 (d) below. 
 
 125 
 
§ 10 HOW TO FIND THE LAW (Part II 
 
 § 10. Same — Century References 
 
 In § 8 (g), above, it has been explained that, while the classification 
 used in the Century is the same as that in the Decennial, it was often 
 necessary to subdivide a given topic one or two degrees further in 
 the former digest than in the latter. Thus, the number of , sections 
 under such topic in the Century is greater than in the Decennial. In 
 both digests the sections are numbered consecutively. It often happens 
 that a section or black letter line in the Decennial will correspond to 
 the analysis line for some larger division in the classification in the 
 Century. 
 
 It follows, from all these statements, that the analysis or black 
 letter line following a given section number (for instance, Bvidenc\e, § 
 27) " in the Century will not be the same as the black letter Hne fol- 
 lowing the same number in the Decennial. Therefore, a reference to 
 the desired section in the Decennial or later Key-Number Digest does 
 not constitute a reference to the corresponding matter in the Century. 
 
 This situation would greatly complicate the use of these two digests 
 in connection with each other, were it not for the adoption of a very 
 simple device which completely remedies the difficulty. The reader's 
 attention is called to the fact that under each section or black letter 
 line in the Decennial is a reference somewhat in the nature of a cross- 
 reference (though by no means to be confused therewith) to the topic 
 and section in the Century Digest, where similar propositions of law 
 will be found digested. For example, under the black letter line to 
 section 20 of the topic Mechanics' Liens, is found the reference, "See 
 34 Cent. Dig. Mech. Liens, § 21," indicating to the brief maker that 
 cases involving propositions of law similar to those found in section 
 20 will be found in the Century Digest, Mechanics' Liens, under sec- 
 tion 21. 
 
 These Century references are always given in connection with the 
 section numbers and black letter lines of the classification as it is used 
 in its crystalHzed form in the Decennial and other Key-Numbered Di- 
 gests ; that is to say, the corresponding Century reference always ac- 
 companies the Key-Number. 
 
 (a) Century References in the Decennial Digest 
 
 It might be supposed, from all that has been said thus far, that the 
 order of the Century section numbers contained in the Century refer- 
 ences in the Decennial would be numerically consecutive. But this is 
 not always the case. Although the classification is theoretically the 
 same, it was found desirable (for editorial reasons which it would 
 here be superfluous to explain) to make certain minor changes in the 
 order of the black letter or section lines before the Decennial was 
 
 10 See illustratiye pages In Reference Book, pp. 276 and 348. It will be 
 seen that Evidence, § 27, in Decennial corresponds to subdivision D of Division 
 I of that topic in the Century, and not to § 27 thereof. 
 
 126 
 
Ch. VIII) USB OF DIGESTS MECHANICAL FEATURES § 11 
 
 compiled. While this fact should be understood, the Century refer- 
 ences prevent any confusion that might otherwise have arisen from 
 these changes/^ 
 
 (b) Dummy Lines in Decennial 
 
 Again, there are certain phases of the law, represented by black let- 
 ter lines in the Century, on which no cases were decided during the 
 Decennial period from 1897 to 1906. There being no matter to be 
 digested under them, these black letter lines might have been omitted 
 from the classification in its final form as developed for the Decennial. 
 The result of this would have been, however, that one searching the 
 Decennial for authorities on these phases of the law, and not finding 
 any provision in the classification for the digesting of cases on these 
 points, because none were decided during the Decennial period, would 
 , never have been led to the desired cases in the Century. 
 
 To provide for such contingencies, the "dummy line" was devised. 
 Dummy lines are lines inserted in their proper places in the topics in 
 the Decennial, under which no matter is digested therein, but which 
 correspond to black letter lines in the Century. They are not num- 
 bered, and do not appear in the analysis of the topics, but only in the 
 body of the digest. As indicated by the legend under them, some of 
 these dummy lines are inserted because there are no regular numbered 
 black letter lines in the Decennial corresponding to the Century lines 
 referred to, and some because the corresponding lines in the Decennial 
 Digest vary in wording or in numerical- order from those in the Cen- 
 tury Digest. 
 
 The use of these dummy lines is well illustrated in volume 9 of 
 the Decennial Digest, in the topic Fixtures. It will be noted that un- 
 der § 12 of Fixtures in the Decennial the Century Digest reference is 
 "23 Cent. Dig. Fixt. § 17." (See Reference Book, p. 364.) Under § 
 13 the Century Digest reference is "23 Cent. Dig. Fixt. § 22." Imme- 
 diately preceding § 13, however, is a group' of dummy lines to fill in 
 the gap in the Century references. 
 
 § 11, Same — Pink Table — Table of Century Digest Sections and 
 Their Corresponding Decennial Section Number (Key- 
 Number) 
 
 The process of going from any given section in the Decennial (or 
 the Key-Number Series, etc.) to the Century is made easy by means 
 of these Century references and by the dummy lines, whose use and 
 value must now be clear. But the reverse process could not be facili- 
 tated in this way, since the Decennial was not published until ten 
 years after the Century. 
 
 However, a table was devised to make it easy for the searcher 
 who has located his cases in the Century to go directly to the corre- 
 sponding section in the Decennial and other Key-Number Digests. 
 
 11 See, also, section 11 below. 
 
 127 
 
§ 11 HOW TO FIND THE LAW (Part II 
 
 This table will be found at the front of Volume 21 Decennial Di- 
 gest, printed on pink paper. It shows all the titles in the Century Di- 
 gest, and under each one the number of every section line in such Di- 
 gest. These titles are in black-faced type and arranged alphabetically. 
 
 Opposite every Century Digest, section number, which is always at 
 the left of the column in this table, is given the number of the section 
 line in the Decennial Digest where later cases are digested; i. e., the 
 corresponding Key-Number. 
 
 The Decennial section numbers thus indicated in the table are Key- 
 Numbers, so that, in the event authorities are first found in the Cen- 
 tury Digest, say, e. g., the case of Blackwood v. Cutting Packing Com- 
 pany, under the title Sales, section line numbered 562, and the Key- 
 Number of such line is desired, turn to the Table, to the title Sales, 
 and locate the figures 562 in the left-hand column in its numerical 
 , order and the Decennial (i. e. Key-Number) Sales 209 will be found 
 immediately opposite. 
 
 Sample pages of this pink table will be found. in Reference Book, 
 pages 393 to 406. 
 
 § 12. Same — Connecting Century with Key-Number and other 
 Standard Digests 
 
 Throughout the foregoing explanation, we have confined ourselves 
 almost entirely to explaining the connection of the Century with the 
 Decennial Digest. It must be remembered, however, that the classifi- 
 cation used in the latter is throughout identically the same classifica- 
 tion that is used in all subsequent digests of the American Digest Sys- 
 tem, though in no other is the entire classification used, simply be- 
 cause none has ever contained matter to be classified under every sec- 
 tion provided. Accordingly, what has been said in regard to going 
 from the Century to the Decennial, and vice versa, applies to all these 
 other Digests also. It also applies to those other Key-Number Di- 
 gests which have been published for the states of Oklahoma, Michigan, 
 Vermont, etc.* As to other Standard Digests prior to the Decennial, 
 the same rules apply, but with some modifications, which we have not 
 space to explain in this volume. For such explanation, we must re- 
 fer the reader to the prefaces of the respective digests. 
 
 § 13. Same — Tables in the Key-Number Series 
 
 There are also contained in each volume of the American Digest, 
 Key-Number Series, several tables that are of much practical impor- 
 tance. 
 
 (a) Table of Reports 
 
 One of these tables is the Table of Reports, found in every volume 
 of the Key-Number Series, immediately after the preface. This table 
 
 * In this connection it may be added that the Pink Table has been published 
 separately in pamphlet form and is obtainable from the publishers upon re- 
 quest. 
 
 128 
 
Ch. VIII) USB OP DIGESTS MECHANICAL FEATURES § 14 
 
 is merely a list of Reports and Reporters in which were reported cases 
 digested in that particular volume of the digest. The purpose and use 
 of this table is indicated elsewhere.^'' (See, § 16 below.) 
 
 (b) Table of Cases Digested 
 
 Every volume also contains, at the back, a Table of Cases Digested. 
 This table is a list of the cases that are digested in that particular vol- 
 ume of the digest, showing in what topic and section each case is di- 
 gested. The topics are expressed by abbreviations, a list of which is 
 prefixed to the Table of Cases Digested. Incidentally, the reader will 
 note that these Tables of Cases supplement the Table of American 
 Cases published in Decennial Digest, Vols. 21-25, and, taken therewith, 
 constitute a complete list of all American cases from the earliest down 
 to within a few months time. (See § 15, below.) Illustrative pages 
 will be found in the Reference Book, pp. 485 to 490. 
 
 (c) Table of Cases Affirmed, Reversed, or Modified 
 
 Following the Table of Cases Digested is a "Table of Cases Directly 
 Affirmed, Reversed, or Modified" by decisions included in that particu- 
 lar volume of the digest. The purpose of that table is to enable the 
 practitioner to ascertain the history and final result of cases which he 
 desires to cite; i. e., whether such cases have been affirmed, or re- 
 versed, or modified by later decisions. For example, suppose that the 
 brief maker is interested in a case involving the liability of a vendor 
 of diseased meats to one injured by eating thereof. He has found in 
 volume 2, Key-Number Series, in the topic Food, § 25, the case of 
 Tomlinson v. Armour & Co., a case decided by the New Jersey Su- 
 preme Court and reported in 65 Atl. 883. He desires to know whether 
 this case can be cited safely as authority, and to determine that he must 
 know, first, whether it has been affirmed, reversed, or modified .by -the 
 New Jersey Court of Errors and Appeals. He therefore turns to vol- 
 ume 3, Am. Dig., and consults the Table of Cases Affirmed, Reversed, 
 or Modified. He finds no citation of the Tomlinson Case in that table. 
 He then consults the table in volume 4, Key-Number Series^ (Refer- 
 ence Book, p. 509.) He finds the Tomlinson Case cited there, with 
 the information that it wa's reversed in 70 Atl. 314, with references to 
 the places in volume 4, Key-Number Series, where the reversing de- 
 cision is digested. He is thus guarded 'against citing a case which has 
 been reversed. 
 
 § 14. Same — Cumulative Table of Key-Number Sections in Key- 
 Number Series 
 
 It has already been explained that in any Key-Number Digest only 
 those sections in the permanent classification are inserted under which 
 there are paragraphs to be classified in that digest. Thus, in the Key- 
 Xumber Series a given section may appear in only one or two volumes. 
 
 1- See Reference Book, p. 477. See. also, p. 422 in that volume. 
 Brief Mak.(3d Ed.)— 9 129 
 
§ 14 HOW TO FIND THE LAW (Part II 
 
 To enable the searcher to save time, which must otherwise be spent 
 in going to those volumes which do not contain matter digested under 
 the Key-Number that he has fixed upon, a Cumulative Table of Key- 
 Number Sections appearing in the volumes of the Key-Number Series 
 is published in pamphlet form and issued to the subscriber with each 
 succeeding volume of that series. 
 
 In this table all the titles, and, under each title, all the sections 
 thereof, provided by the permanent classification are shown. 
 
 These titles are printed in black type and arranged alphabetically, 
 commencing with the title Abandonment and concluding with the 
 title Work and Labor. Under each title all the section numbers of 
 the same title in the Decennial Digest are given in black type, and 
 arranged in numerical order. 
 
 Immediately to the right of such black letter section numbers are 
 figures printed in light type. These figures represent the various vol- 
 umes of the Key-Number Series in which the black letter section num- 
 bers (i. e., Key-Numbers) of the Decennial appear. 
 
 If there is only one light figure given, then the black section num- 
 ber (or Key- Number) opposite such figure appears only in that volume. 
 
 If there are several light figures given, then the black section number 
 appears in the several volumes indicated. Thus — 
 
 Abatement and 
 Revival 
 
 1-2 
 
 S— 2, 3, 5, 6, 7, 8, 9, 10, 11 
 
 4—4, 5, 9, 10, 11 
 
 B— 1, 2, 6, 8, 9 
 
 6—1, 4, 6, 9 
 
 r— 3, 5, 6, 9, U 
 
 8—1, 2, 3, 4, 5, 6, 7, 9, 10 
 
 11 
 0—2, 3, 4, 5, 6, 7, 9, 10, 11 
 
 If one has found authorities in the Decennial Digest under the title 
 Abatement and Revival, § 1, the Cumulative Table of Key- Number 
 Sections will show him that the only volume of Key-Number Series he 
 needs to examine for later cases is volume 2. 
 
 Or, again, if he has found some authorities in the Decennial Digest 
 under the title Abduction, § 1, the Table will show him that there 
 are later cases in volumes 1, 2 and 8 of the Key-Number Series. 
 
 Several specimen pages of the issue of this pamphlet table accom- 
 panying volume 14 Key-Number Series have been inserted in the Ref- 
 erence Book, pp. 421 to 432. 
 
 § 15. Decennial Table of American Cases 
 
 The last five volumes of the Decennial Digest contain a Table of 
 Cases Digested. This Table, however, covers not merely the cases in 
 the Decennial, but also those in the Century. Moreover, it is something 
 more than a mere table of cases digested, such as is ordinarily inserted 
 in a modern digest, for it combines with the characteristics of such 
 
 130 
 
Ch. VIII) TJSH OF DIGESTS MECHANICAL FEATURES § 15 
 
 tables certain other information which will lead the searcher to cases 
 in point with the case under which the citation is found. 
 
 (a) Arrangement 
 
 The titles of the cases in the two digests are arranged in their alpha- 
 betical order, under a single alphabet. Alphabetical arrangement being 
 a matter upon which ideas may reasonably differ, the rules followed 
 in arranging this table are given immediately preceding the table itself, 
 as a guide to aid the searcher. ^^ In the front of each volume, also, 
 there is a green sheet tipped in, which gives the rules of arrangement. 
 
 (b) Citations to Reports, Reporters, and Selected Case Series 
 Following the title of each case are given the parallel citations by vol- 
 ume and page to the State Reports, United States Reports, and the Na- 
 tional Reporter System ; also, whenever a case is reported in the Amer- 
 ican Decisions, American Reports, American State Reports, or Law- 
 yers' Reports Annotated, the volume and page in these series are cited. 
 
 It is obvious that by reason of the scope of the two digests covered 
 the table will serve as a combined parallel citation table for the reports 
 indicated and can be used to advantage as a substitute for the Reporter 
 Blue Books, the Reporter Reverse Front Tables, and the L,. R. A. and 
 Trinity Series parallel tables, for all cases prior to September, 1906. 
 By means of it, one who has a citation to one of these sets, can locate 
 his case in any other of them in which it is reported. 
 
 (c) Reversals and AMrmances by the United States Supreme Court 
 When a case has been appealed to the United States Supreme Court, 
 
 the reversing or affirming case is cited, and its final disposition stated in 
 parenthesis. 
 
 Thus, if the reader will turn to Atherton v. Atherton ^* in the Table 
 of Cases, it will be noted that the case is reported in 155 N. Y. 129, 49 
 N. E. 933, 40 L. R. A. 291, and 63 Am. St. Rep. 650, and that it was 
 later reversed by the United States Supreme Court as reported in 181 
 U. S. 155, 21 Sup. Ct. 544, and 45 L. Ed. 794. Reversals, modifi- 
 cations, and affirmances by higher courts in the same state are generally 
 shown also. 
 
 (d) Citations to Century and Decennial Digests 
 
 This Table of Cases also cites under each title the volume, topic, and 
 section number where each point in such case is digested in the Century 
 and Decennial Digests. Citations to these digests are indicated by the 
 volume number followed by the letter "C" or "D," both printed in black 
 letter. Following this is the topic and section number under which the 
 point in question is digested. Of course, there will be numerous such 
 citations under any particular title, if the case was one presenting many 
 points for decision. 
 
 13 See Reference Book, p. 408. 
 1* See Keference Book, p. 412A. 
 
 131 
 
§ 15 HOW TO FIXD THE LAW (Part II 
 
 (e) Illustrations 
 
 The following excerpts from the table will serve to illustrate the 
 various points explained above, but the reader is advised to examine 
 also the various specimen pages of the table which have been inserted 
 in the Reference Book, pp. 409 to 419. 
 
 Harvard Unitarian Soc. v. Tufts 
 
 151Mass.76, 23X.E.1006, 7L.R.A. 
 
 390; 49 C Wills §1946, 1931 
 Harvey, The Lydla A., SiF.lOOO. 
 
 See Lydla A. Harvey, The 
 Harvey v 
 Alexander lRana.219(Va.) lOAm. 
 
 Deo.519; 11 C Contracts §300; 
 
 20 C Bvid. §1913; 34 C Fraud. 
 
 Conv. §260, 262, 286; 30 C 
 
 Judgm. §1368; 50 C Witn. J 
 
 324 
 Allen, Fed.Cas.No,6177, 16Blatchf. 
 
 29; 6 C Banks §1068 
 Allen 94Ga.454, 19S.B.246; J3 C 
 
 Courts §486; 18 D J.P. §155(1) 
 Brisbin 50Hun376, 3N.Y.S.676, 20 
 
 N.T.St.Rep.702 (affirmed 143N. 
 
 T.151. 38N.B.108); 40 C Powers 
 
 §28; 47 C Trusts §195, 195% 
 Brisbin 143.X.Y.151, 38X.B.108; 13 
 
 C Curt. §31; 40 C Powers §28; 
 
 47 C Trusts §196, 1951/2 
 Brisbin 16N.T.St.Rep.42 ; 13 Key 
 
 No. Series, Conversion §15; 
 
 Plead. §217 
 Chicago &A.R.CO. 221 111.242, 77 
 
 N.B.569; 3 D App.&E. §969: 4 
 
 D Carr. §303(1), 321(23), 335, 
 
 348(1); 8 D Evid, §263(1); 15 
 
 D Neglig. §68; 19 D Trial §202. 
 
 233(1), (3), 262(10), 260(1), 296 
 
 (4) 
 Cliicago & A. Ry. Co. 116IlI..^pp. 
 
 607 (affirmed 221 111.242, 77N.E. 
 
 669); 2 D App.&B. §882(12), 
 
 969; 4 D Carr, §303(1), 321 
 
 (23), 336, 348(1); 8 D Evid. § 
 
 263(1); 15 D Neglig. §68; 19 D 
 
 Trial §202, 233(1), (3), 252(10), 
 
 260(1), 296(4) 
 Erie R. Co. 210Pa.95, 69A.691; 11 
 
 D R.R. §327(6), 348(6) 
 Erie R. Co. 210Pa.97, 69A.1119; 
 
 17 D R.R. §327(5), 348(G) 
 Harvey's Ustate 
 In re, 80Hun371, SON.Y.S.l, 61N. 
 
 T.St. Rep. 794. See James, In re 
 
 (f) List of Abbreviations 
 
 Immediately following the title page of each volume of the table 
 there is found a list of the topical abbreviations used in the table, to 
 which persons using the latter will do well to refer.^" 
 
 § 16. Decennial Table of Reports 
 
 Volume 21 of the Decennial contains, on pages vii-xiv, a list show- 
 ing what volumes and sets of reports are digested in the Centur}' and 
 Decennial. This is entitled, "Table of Abbreviations and List of Re- 
 ports Digested in the Century and Decennial Digests," and shows the 
 standard abbreviation by which these reports are cited in the Digest 
 and Table of Cases. This Table should be compared with the lists 
 
 10 See Reference Book, pp. 391 tuid 392. 
 
 132 
 
Ch. VIII) USB OF DIGESTS MECHANICAL FEATURES § 17 
 
 of reports in respective volumes of the Key-Number Series, which 
 are in a sense supplements to it. (See § 13 (a), supra.) Two specimen 
 pages of this Table will be found in Reference Book, pp. 389 and 390. 
 
 § 17. Descriptive-Word Index to Decennial and All Other Key- 
 Number Digests 
 
 Perhaps the most important aid that has yet been devised to facili- 
 tate the use of any and all of the Key-Number Digests is the newly 
 published Descriptive-Word Index (1912). This volume, which con- 
 tains some 2,000 double-column pages, does away almost entirely with 
 the necessity of referring from one volume of the digest to another. 
 A clear understanding of its nature, contents, and use is therefore of 
 particular importance to any person using the Digests. 
 
 This index is based upon the Decennial Digest and upon the stand- 
 ard classification in its permanent Key-Number form applied therein. 
 
 (a) Contents and Arrangement 
 
 The Descriptive-Word Index is a compilation of titles, under which 
 are references directing the reader to particular topics and sections 
 in the Decennial Digest; that is, they refer to Key-Numbers under 
 which the digest paragraphs are digested. 
 
 These titles are words descriptive of essential facts which have con- 
 stituted the several elements of the right of action or defense in de- 
 cided cases. Many of them are either the names of or words which 
 describe persons, places, and physical things which have been the 
 subject of dispute. Some of them are words that describe a question 
 of law or of fact not directly involving any particular person or thing, 
 but going to particular questions of law and procedure which have 
 been the subjects of dispute, and some are words that describe consti- 
 tutional provisions, legislative acts, or legal doctrines which have been 
 the subject of dispute. 
 
 These titles are arranged in alphabetical order. They include (1) 
 every topic title of the Standard Classification ; (2) every cross-refer- 
 ence title in the Decennial Digest ; and also (3) numerous new titles 
 of the same character as the pre-existing cross-reference titles, intro- 
 duced for the purpose of amplifying the index system. 
 
 Under each title are given reference lines. These, also, are ar- 
 ranged in alphabetical order (like the cross-references under a main 
 title in the digests themselves). They include (1) every black letter 
 line (or section line) of the permanent classification, or, as we may 
 . now call it, the Key-Number Classification ; (2) every cross-reference 
 line of the Decennial Digest, whether found therein under a topic title 
 or a cross-reference title; and (3) numerous new reference lines of 
 the same character as the preceding cross-references.^" 
 
 18 It may be pointed out that a word or phrase representing a main divi- 
 sion or subdivision of a main title may also be and usually is a cross-refer- 
 ence title as well. Thus, the analysis line for Division I of the topic Evidence 
 
 133 
 
§ 17 HOW TO FIND THE LAW (Part II 
 
 The Index is based on the Decennial, but it is also an index to the 
 Key-Number Series and to the many and increasing number of Key- 
 Numbered digests not included in the American Digest System. 
 
 As to the American Digest, Key-Number Series, the Descriptive- 
 Word Index is in one sense less full, though it includes most of the 
 cross-references, and indexes every Key-Number line. New phases of 
 the law occasionally arise, and will continue to arise, and new things 
 become subjects of litigation. For these, new index lines are required, 
 and occasionally, though not often, even new sections or black let- 
 ter lines must be introduced into the classification, using the device of 
 the half number. As will be seen hereafter, the searcher can locate 
 these new sections by means of the Index quite simply by locating the 
 next broader division of his subject; i. e., the division into which it 
 naturally falls. 
 
 § 18. How to Read Division Lines of Sections 
 
 To get its full meaning, a black letter line in the classification must 
 be read in connection with the classification line of the next larger divi- 
 sion in which the line falls, and that in turn must be read in connection 
 with the next larger division still, and so on until the topic is reached. 
 If the black letter line is a 2-em dash line, it must be read in connec- 
 tion with the next preceding full line, since it is a subdivision of such 
 full line. So, also, an italic line in the Decennial must be read with 
 the black letter line of which it is a part. 
 
 In the analysis of topic Equity, section lines 417-420 are set out as 
 follows : 
 
 § 417. Decree pro confesso. 
 
 § 418. Requisites and validity. 
 
 § 419. Opening or setting aside. 
 
 § 420. Effect. 
 
 The last three lines should be read as follows : 
 "Requisites and validity of decree pro confesso," "Opening or set- 
 ting aside decree pro confesso," and "Effect of decree pro confesso." 
 
 Illustration 
 
 Referring to the analysis of Evidence in the Decennial (Reference 
 Book, p. 348), the black letter line for § 33 is "Legislative proceeding 
 and journals." This must be read in connection with the line for § 
 27, "Laws of the state," and that in turn with the analysis line for Di- 
 vision I, "Judicial Notice," and that with the topic title Evidence. The 
 exact meaning of the line for § 33 will then be clear. 
 
 is "Judicial Notice." Judicial 'Notice is a cross-reference title in the Decen- 
 nial (and also a title in the Descriptive-Word Index), under which cross-ref- 
 erences will be found leading to Criminal Law, Evidence, Intoxicating Liq- 
 uors, and other topics, under which it is also an analysis line. Thus, all 
 analysis lines for divisions, subdivisions, etc., of topics in the classification, 
 appear in the Descriptive-Word Index, either as titles or as reference lines. 
 
 1.34 
 
Ch. VIII) USB OF DIGESTS MECHANICAL FEATURES § 19 
 
 Again, there are three italic lines under § 25, the third one 
 reading, "Township organization." This is but a subdivision of the 
 black letter line, "Political divisions and bodies." Thus, the meaning 
 of the italic line is clearly "Evidence — Judicial Notice of Organiza- 
 tion of a Township as a Political Body." 
 
 (a) Reading Index Lines 
 
 Similarly, an index line must be read in connection with the word 
 under which it is placed, or, if it is a sub-line of the index, then in 
 connection with the full index line under which it falls. 
 
 § 19. Caution 
 
 This chapter has been devoted to what may appear an unnecessarily 
 detailed explanation of the classification, construction, contents, and 
 features of digests. Knowledge of these things is essential, if one is 
 to get the maximum benefit from the use of these books. The under- 
 lying principles are so simple, however, that one who has thoroughly 
 mastered the points explained will find the methods of using the di- 
 gests quite easy. To those methods we may now turn our attention. 
 
 135 
 
I 1 HOW TO FIND THE LAW (Part II 
 
 CHAPTER IX 
 
 USE OF DIGESTS— FINDING CASES BY USB OF DESCRIPTIVE 
 WORDS— USE OP "WORDS AND PHRASES" 
 
 i 1. Introduction. 
 
 2. Two Methods of Using Digests. 
 
 (a) Search Based on the Principle of Law. 
 
 (b) Search Based upon the Facts. 
 
 5. Theory of the Descriptive-Word Jiethod of Search. 
 4. Descriptive Words — Analysis of. 
 
 (a) Subject-Matter. 
 
 (b) Party or Parties Concerned. 
 
 (c) The Cause of Action or Ground of Defense. 
 
 (d) Object of Ac'tion. 
 
 (e) Point of Controversy. 
 
 (f) Miscellaneous. 
 
 6. How to Analyze the Case in Hand and Selection of Descriptive Words. 
 
 (a) Snbjeet-Miitter. 
 
 (b) Party or Parties Concerned. 
 
 (c) Cause of Action or Ground of Defense. 
 
 (d) Object of Action. 
 
 (e) The Point of Controversy. 
 
 (f) Miscellaneous. 
 
 6. Use of Descriptive Word. 
 
 (a) Illustrations I-V. 
 
 (b) Selection and Use of Specific or General Words. 
 
 (c) Difficulties Presented by Very Specific Questions. 
 
 7. Uee of Descriptive-Word Index with Key-Number Digests. 
 
 (a) How to Use the Descrlptive-Wdrd Index wtih the American 
 
 Digest, Key-Number Series. 
 
 (b) How to Use Descriptive Words with State Digests. 
 
 (c) How to Use Descriptive-Word Index with Reporter Digests. 
 
 8. Use of the Descriptive- Word Method Independently of the Index. 
 
 9. Recapitulation of Rules. 
 
 10. Use of "Words and Phrases." 
 
 (a) Contents and Arrangement of "Words and Phrases." 
 
 (b) Use in Preparing or (Construing Written Instruments. 
 
 (c) Initial Use in General Search for Cases. 
 
 (d) "Words and Phrases" as Topic in Standard Classification. 
 
 (e) "Words and Phrases" in the Reporters. 
 
 (f) Use in General. 
 
 11. Lists of Patents, Trade-Marks, and Trade-Names Adjudicated. 
 
 12. Conclusion. 
 
 § 1. Introduction 
 
 The object of the preceding chapter has been to give the reader 
 a working knowledge of the mechanical features of the digest. The 
 possession of this knowledge is of importance to one who wishes 
 to use the digests in his search for authorities. As will appear 
 when we come to treat the use of text-books and encyclopaedias, 
 they require less detailed explanation, because they do not contain 
 many of the features which have been introduced into the modern 
 digests, such as "Tables of Cases Affirmed, Reversed, or Modified," 
 etc. Indeed, the modern digest combines the features and char- 
 
 136 
 
Ch. IX) DIGESTS DESCRIPTIVE-WORD METHOD § 2 
 
 acteristics of many other classes of books, and to get the maximum 
 benefit from its use one should understand the purposQ and use 
 of each "feature" and its relation to the whole compendium. This 
 has made necessary the somewhat detailed explanation of digest 
 construction. If the reader finds that he is having difficulty in un- 
 derstanding the methods of search explained below, or that the 
 references to the various features of the digest, the use of which 
 is necessary to success in the search for concrete authorities, are 
 not understood, he is urged to go back to Chapter VIII and study 
 it again carefully, until he understands thoroughly the mechanical 
 construction of the books. 
 
 In the explanation of digest construction, considerable space was 
 devoted to a description and explanation of the cross-reference 
 titles and cross-references leading up to their compilation and con- 
 solidation with the black letter lines of the classification, to form 
 the one-volume alphabetical Descriptive-Word Index. This is an 
 important branch of the subject, and one with which the brief 
 maker should be thoroughly familiar, because it is by the proper, 
 and in a sense scientific, use of this index that concrete authorities 
 can most easily be located in the digest. So, again, the reader is 
 urged to re-read that part of the preceding chapter until he is sure 
 that he has in his mind an exact and complete chart of the in- 
 dexing and cross-reference system. 
 
 When one resorts to a digest, or, indeed, begins any search for 
 precedents, one of two situations exists: Either (1) he starts 
 simply from his statement of the facts involved in his client's 
 case, under which circumstance also he has presumably fixed upon 
 the principle of law which governs it ; or (2) he already has a 
 citation to some reported case in point with which he is familiar. 
 
 In the first situation, he is in search of his "first case," while in 
 the second he already has a first case. In this chapter we shall 
 give our attention exclusively to an explanation of how to find a 
 first case in the digest, and shall leave for a later chapter the meth- 
 ods to be followed when one already has a first case. 
 
 § 2. Two Methods of Using Digests 
 
 In speaking of the search for precedents generally in Chapter 
 VII, § 7, it was pointed out that either of two methods may be pursued. 
 The search may be based primarily upon the principle involved or 
 primarily upon the facts of the case. 
 
 (a) Search Based on the Principle of Law 
 
 While the rule is by no means universal, investigators who search 
 for precedents from the standpoint of the principle of law involved 
 usually resort to text-books and encyclopaedias, the repositories of 
 principles, while those whose search is based on the facts usually 
 resort to digests, the repositories of the concrete applications of the 
 
 1.37 
 
§ 2 HOW TO FIND THE LAW (Part II 
 
 principles to the facts. There is, however, no definite line of demar- 
 cation between the two classes of investigators. While there are 
 many who habitually resort to the digest in their search for au- 
 thorities, and probably most of them base their search on the facts, 
 there is a large number of investigators who search from the stand- 
 point of the principle. 
 
 If the search is undertaken from the standpoint of the principle 
 of law involved, practically the same method will be employed in 
 resorting to the digest as to an encyclopaedia.^ This means that 
 the searcher will turn to that topic title which he conceives will 
 most probably contain what he is looking for, and will then go 
 carefully through the analysis of that topic in search of the desired 
 black letter line. 
 
 The successful pursuit of this method of search, whether applied 
 to a digest or an encyclopsedia, presupposes the existence of two 
 conditions, if it is to lead to prompt results, and these conditions 
 do not very frequently coexist. First, the lawyer must know ex- 
 actly what rule governs his case — not the broad principle, but the 
 narrow and particular rule, hedged round with conditions. Sec- 
 ondly, he must have so thorough a knowledge of the theory of 
 classification on which his particular digest is compiled that he 
 can turn to the particular topic where his principle is illustrated 
 by decided cases. Unless this second condition is satisfied, he is 
 almost certain to go on a rambling search — a sort of fishing expedi- 
 tion — and because his search is unscientific and unmethodical, he 
 is certain to waste time, and, however extensive his knowledge of 
 the law, he will be fortunate if, after several hours, he finds the 
 proper topic containing the line of cases for which he is looking.^ 
 
 (b) Search Based upon the Facts 
 
 On the other hand, in resorting to the digest, the search for 
 precedents may be based upon the facts of the client's case. The 
 conditions which must exist to make such a search successful are 
 simple. Moreover, they are fundamental conditions, and must exist 
 
 1 Until recently there was practically only one way of using an encyclo- 
 pedia. The recent publication of the Cyc. Index has altered the situation 
 with regard to that publication, however, as explained in Chapter XIII, § 5. 
 
 2 There are many lawyers who search for authorities by means of the prin- 
 ciple of law involved who complain bitterly of the expenditure of time in- 
 volved and the unsatisfactory results of their search. The difficulty does not 
 ordinarily lie in the books used, whether encyclopsedias or digests, but in the 
 searcher's real ignorance of the rules by which the propositions of law are 
 classified and distributed among the different topics — rules which have been 
 developed by years of experience, and which it would take the lawyer a long 
 time to learn without some special instruction. The other method of search, 
 that based upon the facts is far simpler and easier ; but any one who insists 
 upon a search by principle should understand the theory of classification quite 
 thoroughly. The rules governing the classification and distribution of matter 
 In a digest are covered in Chapters XVII and XVIII. 
 
 LIS 
 
Ch. IX) DIGESTS DESCRIPTIVE-WORD METHOD § 4 
 
 if any search of any kind is to bring results, namely, that the 
 investigator knows his facts, that he knows what he wants to find, 
 and that he has formulated a reasonable working hypothesis. This 
 last condition does not require that he should know the exact prin- 
 ciple governing his case, but only that he shall be able to see that 
 a particular principle probably governs. Neither does it require 
 him to know the theories or rules of classification. This second 
 method, which for convenience may be called the Descriptive-Word 
 Method, ignoring as it does all considerations of the science and 
 theory of digesting, is essentially practical, and, as such, commends 
 itself as the mode best adapted for the average practitioner. There- 
 fore it will be necessary to explain it at some length. 
 
 § 3. Theory of the Descriptive- Word Method of Search 
 
 In every case presented to a lawyer, as in every case decided by 
 a court of law, the facts constitute the essential elements of the 
 right of action or of defense. 
 
 It is these essential elements of decided cases which have been 
 indexed in digests of the American Digest System, by the cross- 
 reference system, and which are indexed more fully and thoroughly 
 in the Descriptive-Word Index ; that is to say, the cross-reference 
 titles or index words are descriptive of the facts which have been 
 litigated in the past. This system of indexing is based upon the 
 theory that many of the facts which have been the subjects of dis- 
 pute in decided cases will again be subjects of dispute in future 
 cases. 
 
 The theory of the Descriptive- Word Method of search is, broadly 
 stated, that if the brief maker will select a word describing one of 
 the essential salient elements of his case, and will locate that word, 
 or one of its synonyms, as an index word or a cross-reference title, 
 he will find thereunder a reference to the place in the digest where 
 his authorities will be found. 
 
 Although the Descriptive- Word Method is by no means a new 
 thing in the use of the American Digest System, of standard di- 
 gests generally, or even of other well-indexed digests, and although 
 it may be applied with success independently of the Descriptive- 
 Word Index, the following explanation is for convenience based 
 exclusively upon that Index, because in it this theory of indexing 
 has been carried out in greater detail than ever before, and because 
 it is an index to all Key-Numbered Digests, and, through the De- 
 cennial, to the Century Digest. 
 
 § 4. Descriptive Words — Analysis of 
 
 As already stated, the facts constitute the essential elements of 
 the right of action or of defense in every case decided and every 
 case presented to a lawyer. The method of finding authorities in 
 
 139 
 
§ 4 HOW TO FIND THE LAW (Part II 
 
 the American Digest System by use of descriptive words is based 
 on the fact that in every statement of facts there will be found a 
 number of words which are descriptive of some essential element 
 of the right of action or of the defense, as the case may be. These 
 elements may be defined as follows: 
 
 The Subject-Matter. 
 
 The Party or Parties Concerned. 
 
 The Cause of Action or Ground of Defense. 
 
 The Object of Action. 
 
 The Point of Controversy. 
 In other words, every case contains elements (i. e., facts) which 
 come within each of these terms. But each of these classes of facts 
 will require further definition. 
 
 (a) Subject-Matter 
 
 By subject-matter must be understood those concrete things and 
 places relative to the suit being prosecuted, without the existence 
 of which the cause of action or ground of defense or the specific point 
 of dispute could not have arisen. It means the physical things (not be- 
 ing persons) upon which the dispute is predicated, and over which 
 a person exercises a right, and with reference to which another 
 person lies under a duty. They must be objects perceptible 
 through the senses. 
 
 Automobiles, Sidewalks, and Embankments are things perceptible 
 through the senses; they must exist as physical objects, before a cause 
 of action alleging negligent use or defective condition can arise re- 
 garding them. 
 
 So Manual Training Schools, Garages, and Railway Stations, are. 
 places perceptible through the senses, and must exist before a cause 
 of action alleging mismanagement or nuisance can arise in relation 
 thereto. 
 
 Books and Records are also things perceptible through the senses, 
 and must exist before a dispute can arise regarding their production 
 in court; hence they also may constitute the subject-matter of a dis- 
 pute. 
 
 The nouns that describe these concrete objects and places are there- 
 fore words descriptive of the subject-matter. 
 
 (b) Party or Parties Concerned 
 
 This must be understood in its broadest sense, as including not only 
 the parties plaintiff and defendant, but also other parties actually in- 
 volved, as, for instance, one who interpleads, or for whose custody 
 the action is brought, or on whose behalf the suit is prosecuted by a 
 parent or guardian, or whose presence as a witness is required, etc. 
 
 The descriptive words selected must describe such a person as a 
 member of a class or occupation, or with reference to a relation wbich 
 he bears to others. Thus, Photographer, Child, Collector, Cosureties. 
 
 140 
 
Ch. IX) DIGESTS DESCltlPTIVE-WORD METHOD § 4 
 
 Ward, Next Friend, and Conductor are all words descriptive of such 
 persons. Obviously many, and indeed most, words descriptive of 
 parties concerned will not be technical words. 
 
 It should be specially remembered that it is not essential that the 
 person should be a party to the action. It is merely essential that he 
 be concerned in the action. He may be merely involved in the contro- 
 versy. The action may have arisen over the acts of some person not 
 a party plaintiff or defendant in it, in which case the word describing 
 that third person would be descriptive of "a party or a person in- 
 volved" in the controversy, though not of a party to the action. This 
 may be illustrated by supposing that an action brought by A. against 
 B. arose over the acts of C, who was A.'s agent. The word "agent" 
 would be descriptive of a person involved in the controversy, though 
 he is not necessarily a party to the action. 
 
 (c) The Cause of Action or Ground of Defense 
 
 By the cause of action must be understood some wrong suffered by 
 reason of another's neglect of a duty. By ground of defense is meant 
 those matters which constitute a reason in law or fact why the plaintiff 
 should not enjoy the remedy which he seeks. 
 
 Words descriptive of the cause of action or ground of defense are 
 words which describe a wrong suffered by reason of another's neglect 
 of duty, as Personal Injuries; Delay. 
 
 Or words that describe some legal obligation ignored, as Stop, Look 
 and Listen; Ordinary Skill. 
 
 Or words that describe some statutory or constitutional provision 
 which has been infringed, as Eight-Hour Law; Sherman Act. 
 
 Or words that describe some affirmative wrong, as Graft; Boycott; 
 Ejection. 
 
 Or words that describe a reason in law or fact why plaintiff should 
 not recover what he seeks, as Failure of Consideration; Act of God; 
 Former Adjudication; Contributory Negligence; or Self-Defense. 
 
 (d) Object of Action 
 
 By the object of action is meant that particular kind of relief for 
 which the plaintiff is seeking. Thus, such words as Restraining Or- 
 der; Possession; Restoration; Injunction — are words descriptive of 
 the object. 
 
 (e) Point of Controversy 
 
 By the "point of controversy" is meant that particular point of law 
 or procedure arising in the case and other than the cause of action or 
 ground of defense, and which is for the moment in dispute. In a 
 broader sense, it would include the cause of action or ground of de- 
 fense. This is always a point in controversy, but the point in contro- 
 versy is not always the cause of action or ground of defense. For 
 instance, it may be a question of the admissibility of evidence, of the 
 right to amend a pleading, or of whether the court has discretion in 
 
 141 
 
§ 4 HOW TO FIND THE LAW (Part II 
 
 certain matters. Therefore, as division (c) above provides for words 
 descriptive of the cause of action or ground of defense, we may best 
 limit this fifth division to include only points in controversy other 
 than the cause of action or ground of defense, as this restriction will 
 lead to greater clarity of analysis. 
 
 Words descriptive of the point of controversy are therefore words 
 describing points of law or procedure arising in the case, such as 
 Right to Amend; Discretion; Failure of Evidence; Withdrawal (of 
 juror); Quashing. 
 
 Or words relating to evidence, its relevancy, competency, and mate- 
 riality, as Declarations; Credibility ; Character. 
 
 Or words relating to the pleadings, as Surplusage ; Time of Filing; 
 Certainty; Variance. 
 
 (f) Miscellaneous 
 
 It must not be supposed that this classification of descriptive words 
 limits absolutely the choice of words descriptive of any particular 
 case, or that a word chosen must fall definitely in one class or another. 
 Thus, it occasionally happens that the same word will describe both 
 the subject-matter and cause of action. Or it may be difficult to tell 
 to which class a particular word belongs, though careful analysis 
 should answer the question. 
 
 The important point is that the word chosen as descriptive should 
 describe an essential salient fact of the case, and it is important that 
 it should fall within one or the other class mentioned only because the 
 choice should be the result of analysis of the facts of the particular 
 case, and such facts are the necessary elements of every case. 
 
 § 5. How to Analyze the Case in Hand, and Selection of De« 
 scriptive Words 
 
 Before selecting words descriptive of any particular case, it is nec- 
 essary to make certain that the statement of facts is complete. For 
 every case there must be some subject-matter upon which it is predi- 
 cated. There mu^t also be parties to the action ; unless the proceeding 
 is ex parte, there will be two or more such parties ; and it will fre- 
 quently happen that there are third persons involved, as we have al- 
 ready seen. Further, there must be a cause of action or a ground of 
 defense, for otherwise there would be no main issue to bring the case 
 into court. Again, it must have as its object some relief which is 
 sought by means of the proceeding brought. Lastly, there may be a 
 point of controversy subsidiary to the main cause of action or defense, 
 though, of course, this will not be so in every instance. 
 
 When the brief maker has assured himself that his statement con- 
 tains the essential elements, he may proceed to the selection of words 
 descriptive of them, of which words he will do well to make a list. 
 He should select as many such words as practicable. But every word 
 chosen must describe a salient fact — a fact that is important, relevant 
 
 142 
 
Ch. IX) DIGESTS DESCRIPTIVE-WORD METHOD § 5 
 
 to the point under investigation, significant, and not one merely inci- 
 dental. For in every complete statement of facts there will be facts 
 which, although essential to the existence of the case, have no bear- 
 ing upon the decision to be reached — essential, but not salient, facts. 
 The descriptive words chosen must describe facts that are both essen- 
 tial and salient. 
 
 This process may best be explained by illustrations. 
 
 (a) Subject-Matter 
 
 Case I. A., who is a photographer, has taken a picture of Miss B. 
 He places one of the pictures in a showcase, on the street, at the foot 
 of the stairway leading to his gallery. Miss B. objects to this ex- 
 posure of her picture on the public street, but A. refuses to remove it. 
 
 The subject-matter, without which this dispute could not have aris- 
 en, is the Photograph. We may therefore select Photograph as a de- 
 scriptive word; and, since a photograph is a Picture, we may select 
 that word also as descriptive of the subject-matter. 
 
 (b) Party or Parties Concerned 
 
 Case II. Yang Chung, a Chinaman born in Pekin, was brought to 
 this country by his parents while still under age and before the Chinese 
 Exclusion Act of 1882 was passed. In 1889, when of full age, he en- 
 tered business as a merchant in Spokane, and so continued until 1900, 
 when he went back to China, leaving the conduct of his business to 
 his partner, also a Chinaman. When, in 1902, he again came to 
 America, he presented the passport or certificate required of returning 
 Chinese merchants by the statute. The certificate being in proper 
 form and setting forth all necessary information, he was admitted by 
 the immigration authorities, and at once resumed his business. Mean- 
 time, the firm had suffered reverses during his absence, and accord- 
 ingly the partnership was dissolved within a month after his return 
 and the business wound up. Yang Chung thereafter entered the em- 
 ploy of a railroad as day laborer. About six months later, United 
 States Chinese inspectors brought proceedings for his deportation, un- 
 der the Act of Congress excluding Chinese laborers from the Unit- 
 ed States. 
 
 Under this state of facts, does Yang Chung's passport or certificate 
 aforesaid protect him from deportation? 
 
 In this case, the word Chinaman describes a party concerned, and, 
 as the nationality of such party is a salient fact of the case, the word 
 may properly be selected as descriptive of the case. 
 
 (c) Cause of Action or Ground of Defense 
 
 Words descriptive of the cause of action or ground of defense are, 
 of course, usually words that are part of legal terminology, such as 
 negligence, assault, etc. But this is not objectionable, if the word is 
 sufficiently specific — that is, not so general as to be vague and so lead 
 to too great an amount of cross-reference matter, 
 
 143 
 
§ 5 HOW TO FIND THE LAW (Part II 
 
 Case III. A corporation engaged in manufacturing wire rope sues 
 another corporation engaged in the same business in the same state. 
 The complaint sets forth that the plaintiff is the owner of a registered 
 trade-mark, consisting of a red or other distinctively colored streak 
 applied to or woven in a wire rope, and that defendant corporation 
 is unfairly competing in trade by palming off on the public rope of 
 its manufacture as plaintiff's rope. 
 
 Is this a subject over which the federal courts have jurisdiction? 
 
 One of the salient phrases in the statement is Unfair Competition, 
 and illustrates the selection of a word descriptive of the cause of ac- 
 tion. 
 
 (d) Object of Action 
 
 Case IV. A., who had disappeared many years previously, returned 
 to his home town, having changed his name in the meantime. There 
 he married his niece, who did not know of the relationship. Under the 
 laws of this state,' such marriage within the degrees of consanguinity is 
 void ab initio. B. brought suit for the annulment of the marriage 
 and for alimony. Authorities are desired on the question of alimony. 
 
 In this case the words descriptive of the object of the action are 
 Alimony and Annulment. 
 
 (e) The Point of Controversy 
 
 Case V. In an action on a fire insurance policy, the plaintiff claimed 
 that the fire was occasioned by an explosion of mill dust. Expert 
 testimony was offered as to the explosiveness of such dust. The ex- 
 perts in question had made experiments to test the explosiveness of 
 this material as compared with that of gunpowder. It was contended 
 that their testimony as to such experiments could not be admitted as 
 evidence. 
 
 The point in controversy is the admissibility of evidence as to the 
 experiments made by these experts. The word Admissibility is too 
 broad to be selected as a descriptive word, as it goes to practically all 
 questions, of Evidence. However, Experiments and Expert 'Testimony 
 may be selected as describing the point in controversy. 
 
 (f) Miscellaneous 
 
 It will be noted that, in each of the foregoing illustrations, words 
 have been selected which were descriptive of one class of facts only. 
 In each instance, other words descriptive of other classes of facts in 
 the same case might have been selected also. 
 
 Thus, in Case I, the word Photographer is descriptive of a partv 
 concerned, and Exposure of the picture is descriptive of the cause of 
 action. The action necessarily had an object, though whether it was 
 damages or injunction does not appear from the statement. 
 
 In Case II, Passport is descriptive of the subject-matter, and De- 
 portation of the object of the action. 
 
 In Case III, the Trade-Mark is subject-matter without which the 
 
 144 
 
Ch. IX) DIGESTS DESCRIPTIVE-WORD IIETHOD § 6 
 
 case could not have arisen. So, also, is Wire Rope, to which the trade- 
 mark applied. Corporation describes a party to the action. 
 
 In Case IV, the word Consanguinity describes the ground of the 
 cause of the main action, but is not relevant to the subsidiary question 
 of alimony, which is the immediate issue. Niece and Uncle are both 
 descriptive of the parties concerned. 
 
 In Case V, Mill Dust is descriptive of subject-matter, and B.r plosion 
 goes to the ground of defense. While both words are descriptive of 
 essential facts constituting the case, such facts are not salient as re- 
 gards the point on which authorities are desired. 
 
 Every case must contain the various elernents we have described, 
 and careful analysis of any case on which authorities are sought 
 will enable the searcher to identify them. On the other hand, it 
 is necessary to select words which are salient, and almost always 
 descriptive of something that has or may have an important bear- 
 ing upon the problem. 
 
 Thus, there must always be parties to any proceeding, but the 
 class of persons or the occupation to which any party belongs may 
 not appear in the statement of facts. Neither may the statement 
 show that he bears any relation to any other party or person. This 
 is because such class, occupation, or relation is entirely irrelevant 
 and immaterial in the solution of the problem. For instance, in a 
 case involving the breach of a contract for the sale of a horse, the 
 purchaser may be a plumber, or a sea captain, or a university pro- 
 fessor, but his occupation has no bearing on the case, nor would 
 a word descriptive of his occupation be a salient word, if it hap- 
 pened to appear in the statement of the facts. 
 
 Every case must include as its elements facts belonging to the 
 first four classes, and in many instances the fifth class will also be 
 represented — i. e., there will be a point of controversy subsidiary 
 to the cause of action or defense. While these elements are all 
 essential, they are not all salient. To a successful search for 
 authorities by the descriptive-word method, it is necessary that 
 the words selected should describe an element that is not only 
 essential, but salient. Stated difllerently, every salient word de- 
 scribes an essential element, but not every word describing an 
 essential fact is salient. Only a salient word can be regarded as 
 descriptive of that phase of the case on which the court renders 
 a decision. 
 
 § 6. . Use of the Descriptive Word 
 
 Having selected as many words as possible that describe salient es- 
 sential facts of his case, the brief writer is prepared to begin his ac- 
 tual search for authorities. 
 
 Let him turn to the Descriptive- Word Index and locate therein the 
 Index Word corresponding to the first descriptive word. Under it he 
 Bkief Mak.(3d Ed.)— 10 145 
 
§ 6 HOW TO FIND THE LAW (Part II 
 
 will find a varying number of index lines, arranged in alphabetical or- 
 der. Their general character has already been explained. Each index 
 line is followed by reference to a topic, and usually to a particular sec- 
 tion or group of sections, in the Decennial, where matter relating to 
 the thing indexed is digested. The use of descriptive words will be 
 understood best from illustrations and comments thereon. The five 
 cases already stated in § 5 above rruay well serve the purpose sat- 
 isfactorily, as the reader is already familiar with the statements of 
 facts. 
 
 (a) Illustrations ' 
 
 Case I. The words selected as descriptive of subject-matter of this 
 case were Photographs and Picture. Turning to the Descriptive- 
 Word Index, we find that Photographs is an Index Title. Running 
 down the column of reference lines under it, we find one which reads : 
 "Publication of one's picture as — ," and under this is a sub-line : "Vio- 
 lation of right of privacy," followed by a reference to Constitutional 
 Law, § 83 (1). Here and in the other illustrations which follow it 
 seems desirable to show the exact typographical appearance of the 
 matter in the Index. 
 
 PHOTOGRAPHS 
 
 Publication of on©*g picture as — 
 
 Exercise of liberty of the press. Consti- 
 tutional Law, 90. 
 Violation of right of privacy. Constitu- 
 tional Law, 83 (1). 
 
 Again, let us try the word Picture. Pictures is found to be an index 
 word; but examination of the various reference lines does not bring 
 to light any appropriate reference. There is, however, at the beginning 
 of the column a general reference to the word Photographs, which, 
 had we gone to Picture originally, would have led us to the appro- 
 priate reference under Photographs. 
 
 PICTURES 
 
 See this index— Photographs. 
 Copyright. Copyrights, 9, 16, 67. 
 Evidence. Evidence, 155 (8), 359, 382, 383 
 (10), 438. 
 Preliminary to introduction. Evidence, 
 
 380. 
 That defendant's picture was found at 
 scene of burglary. Burglary, 36. 
 License taxes on dealers In. Licenses, 16 
 
 (10). 
 Mandamus to compel removal from rogues' 
 
 gallery. Mandamus, 82. 
 Obscene pictures. Obscenity, 5. 
 Peddling picture frames. Hawkers and Ped. 
 
 diers, 3 (1). 
 Publication of one's picture, as exercise of 
 liberty of the press. Constitutional Law, 90. 
 Use by witness to explain testimony. Wit- 
 nesses, 252. 
 
 8 Although the particular reference lines found in each Instance are repro- 
 duced in the text, the reader is urged to locate them in the specimen pages 
 of the Reference Book — t e., pp. 297 to 338. 
 
 146 
 
Ch. IX) DIGESTS DESCKIPTIVE-WORD METHOD § 6 
 
 Following our reference under Photographs to the topic Constitu- 
 tional Law, § 83 [1] in the Decennial, we find that paragraph [i] un- 
 der that section digests the case of Pavesich v. New England Life Ins. 
 Co., 50 S. E. 68, 122 Ga. 190, 69 L. R. A. 101, 106 Am. St. Rep. 104, 
 as follows: 
 
 "The publication of a picture of a person without his consent as a 
 part of an advertisement to exploit the publisher's business is a viola- 
 tion of the right of privacy of the person whose picture is reproduced, 
 and entitles him to recover without proof of special damage." 
 
 This case illustrates two points : First, the best descriptive word is 
 usually that word which is most specific, and most accurately descrip- 
 tive. In the second place, when the descriptive word proves to be an 
 index word, it may not refer one directly to the digest, but may send 
 one to another index word. Even where the first index word does 
 send the searcher directly to the digest, it is well to examine the mat- 
 ter under any other appropriate index word to which there may be a 
 reference. 
 
 Suppose, now, that we take the word "Bxposure," which is descrip- 
 tive of the cause of action in this case. This, also, is an index word, 
 but is not followed by any index line appropriate to the present search. 
 This shows that not every descriptive word will lead to success, and 
 that it is important to select a number of descriptive words from 
 analysis of the statement of facts. On the other hand, it will fre- 
 quently happen that as many as a half dozen of the words selected 
 will all refer directly to the same section in the digest, or will lead to 
 it indirectly through one of the others. 
 
 Case II. The word here selected as descriptive of a party to the ac- 
 tion is Chinaman. This word does not appear as an index word, but 
 we find Chinese, the adjective or noun plural which corresponds to it. 
 Under this word are various references, including the following: 
 
 CHINESE 
 
 Exclusion or expulsion. Aliens, 17-38. 
 
 The word Passport, descriptive of subject-matter, also appears in 
 the Index : 
 
 PASSPORTS 
 
 Chinese. Aliens, 28. 
 
 Certificate, also, is descriptive of the same subject-matter. We find 
 various kinds of certificates appearing as index words, including Cer- 
 tificates of Residence, under which only one reference is given. 
 
 CERTIFICATES OF RESIDENCE 
 
 Chinese. Aliens, 29. 
 
 And, again, under Deportation, describing the object of the action, 
 we find the following : 
 
 DEPORTATION 
 
 Chinese. Aliens, 31, 32. 
 
 147 
 
I 6 HOW TO FIND THE LAW (Part II 
 
 The reader will observe that the first reference which we have lo- 
 cated is to Aliens, §§ 17-38, and includes all the others. On going to 
 the digest, these sections are found to constitute Division II of the 
 topic Aliens, the analysis line for the division is Exclusion or Expul- 
 sion. 
 
 The black letter line for § 28 (referred to under Passports) is a 
 
 2-em dash line, reading " Certificates of Identification." The 
 
 next preceding full line (of which this line is a subdivision) is "§ 23. 
 Chinese persons excluded." 
 
 Under § 28, we find many cases having a close bearing on the ques- 
 tion in hand, notably the case of United States v. Yong Yew, 83 Fed. 
 832. But the search should not be dropped here as if completed. The 
 preceding full line should always be examined, as well as its other sub- 
 divisions, as the cases there found may very likely contain other cases 
 bearing on the problem in hand. And since the division within which 
 these sections fall all deals with the Exclusion or Expulsion of Aliens, 
 a careful searcher will examine all the black letter lines under it and 
 the cases under those lines which look in any way promising. 
 
 Indeed, when one has located a section of the digest containing cases 
 in point, it is always advisable to look through the topic analysis (at 
 least, of the division or subdivision), as it may suggest to him new 
 phases of his own problem, which had not previously occurred to his 
 mind. 
 
 For similar reasons, it is always important to examine such cross- 
 references as may be found appended to the black letter line, or to the 
 division or subdivision, and, in the shorter topics, even those which 
 ■ follow the analysis thereof. 
 
 Case in. The word here selected as descriptive of the cause of ac- 
 tion is Unfair Competition. The Index contains the following : 
 
 UNFAIR COMPETITION 
 
 Trade-Marks and Trade-Names, 67-101. 
 
 If, on the other hand, we select Trade-Mark as describing subject- 
 matter, we find that it is the title of a topic as well as an index word. 
 
 The best results will be obtained by examining the analysis of the 
 part of the topic indicated by the above reference. This proves to be 
 Division IV, "Infringement and Unfair Competition," of which sub- 
 division B is "What Competition Unlawful," and thereunder we find 
 section lines covering what constitutes unfair competition. The cases 
 thereunder go to the merits of the case in hand, though not to the 
 particular point in controversy. 
 
 Thus § 70, "Imitation or Simulation," subsections (1) "In general" 
 and (") "Marks, devices, or symbols" contain cases directly in point. 
 
 But the particular point in controversy in the main case is one of 
 the jurisdiction of the federal court. In the analysis of this topic, no 
 section or division is found suggestive of jurisdiction, except § 90, 
 
 148 
 
Ch. IX) DIGESTS DBSCRIPTIVB-WORD METHOD § 6 
 
 "Jurisdiction and Venue," under which only one case is given in the 
 Decennial and that is not in point. 
 
 However, if the reader examines the cross-references under § 90, 
 he will find a reference to Courts, § 292. Exactly the same reference 
 appears among the cross-references which follow the topic analysis. 
 
 Under Courts, § 292, a line of cases are digested, showing clearly 
 that federal jurisdiction over trade-mark cases is dependent on divers- 
 ity of citizenship ; whereas in our case the action is between corpora- 
 tions doing business in the same state, and, so far as the statement 
 shows, corporations of the same state. 
 
 This case illustrates the importance of examining all the sections 
 referred to, and also the cross-references under the topic and under 
 the various divisions, subdivisions, and sections thereof. 
 
 Case IV. In this case Annulment and Alimony were both indicated 
 as describing the object of the action. So, also, Allowance on Annul- 
 ment is descriptive of such object, which is financial provision for the 
 maintenance of the plaintiff. All three words are found to be index 
 words, followed by numerous references, which include the following : 
 
 ALIMONY 
 
 Annulment of marriage, allowance of alimony. 
 Marriage, 62. 
 
 ALLOWANCE 
 
 Annulment of marriage, allowances In suit 
 for. Marriage, 62. 
 
 ANNULMENT 
 
 Marriage — 
 
 Divorce. 
 Judgment, 569. 
 Marr-lage, 57-67. 
 
 The word Marriage also describes a salient fact, and is necessarily 
 an index word, being a topic title of the classification. Under it we 
 find the reference : 
 
 MARRIAGE 
 
 Alimony on — 
 
 Annulment. Marriage, 62. 
 
 Divorce. Divorce, 199-288. 
 Allowances on annulment. Marriage, 62. 
 Annulment. Marriage, 57-67. 
 
 Again, Husband and Wife describes parties concerned, and under 
 that phrase in the Index we find this reference : 
 
 HUSBAND AND WIFE. 
 
 Annulment of marriage — 
 Infants, 78 (7). 
 Marriage, 56-67. 
 Statutes, 131, 161. 
 
 The Other descriptive words indicated in § 5 (f), though found in the 
 Index, do not prove fruitful of appropriate reference. 
 
 The reference to Marriage, §i§ 57-67, proves, on turning to the 
 analysis of the topic, to include only 2-em dash lines and sub-lines un- 
 der some of them. The preceding full line (§ 56) is Annulment, so the 
 
 149 
 
§ 6 HOW TO FIND THE LAW (Part II 
 
 lines referred to are all subdivisions thereof. As our case is one in- 
 volving Annulment of Marriage, all these lines should be examined. 
 
 On the specific question of financial provision for the plaintiff in the 
 nature of Alimony, the specific references to Marriage, § 62, cover 
 "Alimony and Allowance." Under it we find the case of Stapleberg 
 V. Stapleberg, 58 Atl. 233, 77 Conn. 31, directly in point, two points 
 of the case being digested there. 
 
 This case indicates how several different references may lead to the 
 desired section or sections of the digest. The descriptive words chosen 
 must be properly and accurately descriptive, and some of them may 
 fail to produce appropriate or suggestive references. But it is not 
 necessary that one, and only one, particular word should be chosen. 
 
 Ca^e V. The words here selected as descriptive of the point in con- 
 troversy were Hxperiments and Expert Testimony. Both words are 
 titles in the Index under which the following references appear: 
 
 EXPERIMENTS 
 
 Experts, results of experiments — 
 Evidence, 557, 558 (10). 
 
 EXPERT TESTIMONY 
 
 Evidence, 105, 144, 505-567, 570-574. 
 
 The black letter line for the first section indicated under Experi- 
 ments reads as follows: "Experiments and results thereof." Refer- 
 ence to the analysis of the topic Evidence shows that it comes within 
 Subdivision D, "Examination of Experts," of Division XII, "Opin- 
 ion Evidence." 
 
 Furthermore, § 558 falls within the same subdivision, the section line 
 reading "Cross-examination and re-examination," subsection (10) read- 
 ing "Experiments and results thereof." 
 
 The reference to Evidence, §§ 505-567, under Expert Testimony, 
 includes, among several others, subdivision D above mentioned. As 
 a general rule, the specific references under Experiments are to 
 be preferred. Going to section 557, we find the case of Orient Ins. Co. 
 V. Leonard, 120 Fed. 808, 57 C. C. A. 176, which is directly in point. 
 
 (b) Selection and Use of SpeciHc or General Words 
 
 The reader will have noticed that in the various illustrations given 
 above, descriptive words of narrow and specific meaning usually led 
 to the desired authorities by an easier and quicker route than the 
 words of more general meaning. Thus, in Case I, both Photograph 
 and Picture describe the same subject-matter; but, the former being 
 more specific, led more directly to the desired section of the digest. 
 Similarly, in Case V, Experiments was a word of narrower meaning 
 than Expert Testimony and the reference under it was more specific 
 than the reference under Expert Testimony. 
 
 Therefore, though no absolute rule can be laid down, it will gen- 
 erally be found better to select as descriptive words which are reason- 
 
 150 
 
Ch. IX) DIGESTS DESCEIPTIVB-WOED METHOD § 6 
 
 ably narrow and specific in their meaning, and to resort to more 
 general terms only after these have failed to produce appropriate ref- 
 erences. 
 
 (c) Difficulties Presented by Very Specific Questions 
 
 It often happens that the question presented by the statement of 
 facts of a case is so specific, or involves the application of such a nar- 
 row and specific rule of law to the particular subject-matter of the 
 action, that the Index reference, although indicating the place where 
 the general law relating to the subject-matter is digested, will not lead 
 to the cases most closely in point. In that event, a cross-reference will 
 usually be found under the black letter hne of the section to which the 
 index has referred us, or under the division or subdivision of the topic, 
 which contains such section. This cross-reference indicates the place 
 where the specific question is covered. 
 
 For this reason, it cannot be too emphatically urged that, even when 
 one has found what appears to be the appropriate section covering his 
 case, he should always examine such cross-references as may be found 
 under the black letter line, or under the division or subdivision of the 
 topic. 
 
 One illustration (which the reader can follow in the Reference 
 Book) will serve to emphasize the importance of examining the cross- 
 reference under the various analysis lines to which the investigator is 
 led by the references he has found in the Index : 
 
 Suppose that A. has leased a farm to B. under a lease containing a 
 covenant that B. will not allow weeds to overrun the land. Upon 
 breach of this covenant the question arises as to what damages A. can 
 recover in the suit against B. The word "Weeds" is descriptive of the 
 subject-matter of controversy, and we find it as a title in the Descrip- 
 tive-Word Index as follows :* 
 
 WEEDS 
 
 Destruction of noxious weeds. Agriculturet 
 
 1, 8. 
 
 The Key-Number Agriculture, § 8, referred to, will be found, among 
 other places, in Volume 2, American Digest, Key-Number Series ; the 
 black letter line reading "Weeds and other noxious plants." ^ Now, 
 this section covers the general subject of weeds growing on agricul- 
 tural lands ; but in the above case we have a more specific question, 
 namely, that of the liability of the lessee to the lessor arising under a 
 covenant to prevent the growth of weeds. The reader will note that, 
 immediately following the black letter line for § 8, there is a cross-ref- 
 erence reading as follows: "Breach of covenant in lease to keep de- 
 mised premises free from zveeds, see Landlord and Tenant, § 136." 
 Following this reference we find that § 136 of Landlord and Ten- 
 
 * See Reference Book, p. 338. s See Reference Book, p. 450. 
 
 151 
 
§ 6 HOW TO FIND THE LAW (Part II 
 
 ant is a 2-em dash line reading "Rights and duties of tenants in gen- 
 eral," being a subdivision of the full black letter line (§ 135) " 
 "Cultivation of land under farm lease," such section falHng in Sub- 
 division B, "Enjoyment and Use," of Division 7, "Tenancies and En- 
 joyment, Their Use Thereof." 
 
 This illustration gives us a subsidiary rule, which must be borne in 
 mind constantly, namely, if the proposition of law in which the in- 
 vestigator is interested is so specific as not to be covered by the black 
 letter line to which he is referred by the Descriptive- Word Index, he 
 should examine the cross-references under such black letter line in the 
 Digest itself, before trying out another descriptive word. This rule 
 may be extended to include the cross-reference lines found under the 
 subdivision and division, and even the main topic, within which the 
 black letter line falls.* 
 
 Moreover, in this connection it may be pointed out that, even if 
 the section to which the investigator is led by a reference in the 
 Index covers the exact phase of the law in which he is interested, 
 it is well to examine such cross-reference lines as may appear 
 under it. They will often lead him to additional lines of cases 
 which, while not strictly in point, are analogous to his own ; or 
 they may suggest new phases of the questions involved in his own 
 case which had not previously presented themselves to his mind. 
 
 § 7. Use of Descriptive- Word Index with Key-Number Digests 
 
 The Descriptive-Word Index is primarily an index to the Stand- 
 ard Classification as it reached its permanent form in the Decen- 
 nial Digest, and also to the particular matter contained in that 
 Digest. As already stated, it must not be supposed that the Index 
 can be used to advantage only in connection with the Decennial. 
 The reader will remember that a Key-Number Digest is one which 
 is compiled strictly on the classification in the Decennial, and in 
 which the number attached to that particular black letter line is 
 identical with the number attached to that same black letter line 
 in the Decennial. 
 
 Therefore, a reference in the Index to Discovery, § 90, is a refer- 
 erence to Discovery, § 90, in every Key-Number Digest. This 
 means that the Descriptive- Word Index can be used with any 
 Key-Number Digest, whether local or general, state, Reporter, 
 or Key-Number Series, in precisely the same manner as with the 
 Decennial. 
 
 « See Reference Book, pp. 450 and 467. 
 
 * The reader will observe that, in dealing with Case III above in this same 
 section, we had another excellent illustration of the importance of examining 
 the cross-reference under the section, etc.. to which we were led by our ref- 
 erence in the Index. 
 
 152 
 
Ch. IX) DIGESTS DESCRIPTIVE-WORD METHOD § 7 
 
 (a) Use of the Descript'ive-lVord Index zvith the American Digest. 
 Key-Number Series 
 
 The Index may be used with the various volumes of the Key- 
 Number Series in the same manner as with any other Key-Number 
 Digest. It is not only a complete index to the classification, but 
 serves to index specifically a great part of the matter contained in 
 this Series, just as it does of the matter in any other Key-Number 
 Digest. As to this last, however, its use must occasionally be 
 supplemented by that of the cross-reference topics in the various 
 volumes. The reason for this becomes clear when it is remem- 
 bered that new things are constantly becoming subjects of litiga- 
 tion. A particular article may exist for a long time without be- 
 coming a subject of any lawsuit, and until litigation arises as to 
 such article it will not be indexed as subject-matter. Articles 
 which have not been the subject of litigation before the close of the 
 Decennial period, but which have since been the subject-matter 
 of a decision, will be found to appear as cross-reference titles in 
 one or more volumes of the Key-Number Series. 
 
 When the brief writer finds that the subject-matter of his cli- 
 ent's case is a salient as well as an essential fact, and that the 
 specific word which describes it accurately does not appear either 
 as an index word in the Descriptive-Word Index or as a cross- 
 reference title in the Key-Number Series, he may generally assume 
 that such specific article has not previously been the subject-mat- 
 ter of litigation. In order to find cases involving analogous, though 
 not identical, subject-matter, he should select as descriptive of 
 the subject-matter of his client's case a broader word which will 
 include it, as well as including other similar subject-matter. For 
 instance, let us suppose that his case involves the negligent op- 
 eration of an aeroplane, resulting, in a collision, and consequent 
 injury to plaintiff's person or property, that the aeroplane was ac- 
 tually operated by a servant of the owner, but that the owner 
 accompanied him and was in the aeroplane at the time of the acci- 
 dent. It happens that no case has appeared in the reports of injury 
 from the negligent operation of an aeroplane. Therefore if Aero- 
 plane be selected as a descriptive word, it will not produce any refer- 
 ence, either in the index or in the Key-Number Series.^ 
 
 This does not mean that cases involving the same point of law 
 cannot be reached by the Descriptive- Word Method. To find 
 cases involving similar subject-matter, the investigator must se- 
 lect a word of broader meaning, such as Vehicle, or a word de- 
 
 " The word AiropUtnp appears in Volume 9 of the Key-Number Series, but 
 the case to which It leads is one involving an alleged infringement by the 
 Curtis Company of a patent taken out by Orville and Wilbur Wright. 
 
 153 
 
§ 7 HOW TO FIND THE LAW (Part II 
 
 scriptive of some particular vehicle as closely similar as possible 
 to an aeroplane, as, for instance, Balloon. The broader word, how- 
 ever, is more likely to produce appropriate references in the index. 
 Moreover, it must be remembered that such analogous cases may 
 be reached by taking words descriptive of some salient fact other 
 than the subject-matter. 
 
 (b) How to Use Descriptive Words with State Digests 
 Remembering that the references given in the Index are to 
 
 topics and sections of the classification, and are therefore Key- 
 Number citations, all that is necessary, when referring from the 
 Index to a Key-Number State Digest, is to note the Digest title 
 and Key-Number indicated by the index line which seems most 
 pertinent to the facts of the case in hand, and then turn to the cor- 
 responding title and Key-Number in the Digest for the cases. 
 
 There are, however, forty-eight states and more than seventy 
 jurisdictions, including intermediate courts of appeal, in the United 
 States, and obviously it is impossible that all the varied questions 
 decided by all these jurisdictions can have come within the ex- 
 perience of any one court or state; and so it not infrequently 
 happens that a desired case in point, which cannot be found in 
 the Digest of one state, is found in the Digest of another state. 
 
 Therefore, when using the Key-Number Index with a State Di- 
 gest, and having found a reference therein to facts which seem 
 pertinent to the case in hand, if the Key-Number cannot be found 
 in the State Digest in question, the omission of such Key-Number 
 may be regarded as evidence that the facts referred to in the index 
 have been dealt with by some other state or jurisdiction, though 
 not by the one represented by the Digest being examined. 
 
 The indolent or careless lawyer frequently neglects to search 
 beyond his own State Digest for cases that may help him to deter- 
 mine the law of his case in hand, even when such digest fails to 
 yield any cases in point; but the conscientious, painstaking, and 
 progressive lawyer will not jeopardize the interests of his client, 
 nor his legal reputation, by stopping there, so long as he believes 
 there is the least probability of finding helpful cases in other ju- 
 risdictions. 
 
 Moreover, the mere existence of an appropriate index line in the 
 Descriptive-Word Index, followed by a Key-Number reference, 
 shows, that there must be cases on the point in one or more juris- 
 dictions. An index line cannot exist unless there are cases to be 
 indexed. 
 
 (c) How to Use Descriptive-Word Index with Reporter Digests 
 What has just been said with regard to the use of the Descrip- 
 tive-Word Index in connection with the Key-Numbered State Di- 
 
 154 
 
Ch. IX) DIGESTS DESCRIPTIVE-WORD METHOD § 8 
 
 gests applies also to its use with those of the Reporter Digests ' 
 which are Key-Numbered. The only difference is that as the lat- 
 ter cover a group of states, and consequently a large number of 
 cases, the brief maker is more likely to find a case exactly in point 
 in these than in a digest covering one state only. 
 
 § 8. Use of the Descriptive-Word Method Independently of the 
 Index 
 
 The composition and construction of the Descriptive-Word In- 
 dex was explained in Chapter VIII, § 17, and the system of cross- 
 references placed both under cross-reference titles and under topic 
 titles in the digests themselves was set forth in the same chapter. 
 The reader will remember that, as explained therein, this system 
 is in effect an index dispersed throughout the body of the digest. 
 
 From these statements, it will be seen that, even when one has 
 not the index at hand, he can nevertheless apply the Descriptive- 
 Word Method of search successfully in using any standard digest. 
 Almost identically the same rules may be followed, if the searcher 
 will treat as index words both the main titles and the cross-refer- 
 ence titles in the digest itself, and will examine the cross-references 
 that appear under them, and also, in the case of any main title, the 
 analysis of the topic. In doing so, this method of search will gen- 
 erally bring quicker results if the descriptive words selected do 
 not correspond with topic titles. In applying the Descriptive- 
 Word Method to the American Digest System without the inter- 
 vention of an index, it is well to start the search for any word se- 
 lected in the Decennial, because the amount of matter digested 
 therein greatly exceeds that in any volume of the supplementing 
 Key-Number Series. But his search should always be extended 
 into the various Key-Number volumes. Indeed, when located in 
 the Decennial, the word may not bring to light any reference ap- 
 propriate to the case in hand; whereas, on examination of the Key- 
 Number Series, such reference may be found under the same word 
 in one or other of the volumes. 
 
 Although the Century Digest might be used successfully as the 
 starting point of a search for precedents by descriptive words, the 
 Decennial is to be preferred to it, because at the time the Century 
 was compiled the idea of the Descriptive-Word Method had not 
 been so fully worked out as when the Decennial was prepared, and 
 accordingly the cross-references are not so numerous nor so sat- 
 isfactory as in the Decennial. 
 
 8 See note preceding the List of Standard and Key-Number Digests in Chap- 
 ter 6 (list g; of the Appendix. 
 
 155 
 
I 9 HOW TO FIND THE LAW (Part II 
 
 § 9. Recapitulation of Rules- 
 
 We may now recapitulate the rules which the brief maker should 
 follow in using the Descriptive-Word Index and the Digests them- 
 selves. 
 
 1. Draw up a concise statement of the facts of the case, making 
 certain that it contains all the essential elements which must be 
 present in every case. 
 
 2. Select as many words as possible which describe essential 
 salient facts of the case falling within one or other of the following 
 classes: 
 
 (a) Subject-matter. 
 
 (b) The party or parties concerned. 
 
 (c) The cause of action or ground of defense. 
 
 (d) The object of action. 
 
 (e) The point in controversy other than the cause of ac- 
 
 tion. 
 
 3. Locate in the Descriptive-Word Index words or titles corre- 
 sponding to the descriptive words. It is well to find a number of 
 such index words, if possible. 
 
 4. When an index word corresponding to a descriptive word 
 has been found in the Index, examine all the index lines under it, 
 and select therefrom any one which appears likely to cover the 
 point involved in the case. If the descriptive word shown does not 
 appear as an index word, try synonyms of it. For instance, if - 
 meteor is the descriptive word but does not appear in the Index, try 
 aerolite. Again, if the word selected is a verb or an adjective, it is 
 usually necessary to exchange it for the noun corresponding to it. 
 
 5. Find in the Digest the Key-Number section or sections in- 
 dicated by the black letter reference appended to the Index. 
 
 6. If the black letter line for a particular section referred to is 
 a 2-em dash line, always examine the next preceding full line of 
 which it is a subdivision, and the other 2-em dash lines, and any 
 sub-lines following under such full line. This process may lead to 
 a line qf analogous cases. 
 
 7. If the index line refers to two or more consecutive section 
 lines of the Digest, examine the part of the topic analysis within 
 which they fall, in order to discover their relation to each other 
 and to the topic. Such reference to a number of consecutive sec- 
 tions will often prove to be a reference to a subdivision of the topic 
 or to a full black letter line with various 2-em dash lines under it. 
 
 8. In every instance, it is desirable to examine such cross-ref- 
 erences as appear under the section or black letter line referred to, 
 or under the division and subdivision of the topic within which 
 such black letter line falls. If the topic is a short one, it is well 
 also to run through the cross-references following the topic analy- 
 sis. 
 
 156 
 
Ch. IX) DIGESTS DESCRIPTIVE-WORD METHOD § 10 
 
 9. If the descriptive word chosen proves to be a main title oi 
 the classification, as well as an index word, or to be an index word 
 under which several pages of index lines appear, it is well to try 
 out the other and more specific descriptive words before proceeding 
 to examine the index lines under the first descriptive word, as do- 
 ing so may save time and labor. 
 
 § 10. Use of "Words and Phrases" * 
 
 Analogous to the Descriptive-Word Method of searching for 
 precedents in the digest is the use of the eight-volume compilation 
 of "Words and Phrases." This book does not fall within the term 
 "Digests," being a hybrid publication — neither a digest, nor a dic- 
 tionary, yet similar to both. As this compilation is unique, ho 
 effort has been made to classify it, and the explanation of its use 
 cannot properly be applied to other books. 
 
 The use of "Words and Phrases" as a means of finding prece- 
 dents, as well as a handy book of reference for definitions, has not 
 been fully developed in the past; but it will be found that, in 
 many instances, the search for authorities may advantageously be 
 begun in this compilation. 
 
 (a) Contents and Arrangement of "lVovc(s and Phrases" 
 
 This compilation consists of a collection of words and phrases, 
 both technical and otherwise, which have been the subject of con- 
 struction and definition by the courts in decided cases. The def- 
 initions are taken from the opinions of the court. They are there- 
 fore judicial definitions and constructions. Since they are arrang- 
 ed in the alphabetical order of the words and phrases defined, thej- 
 are easily accessible. 
 
 (b) Use in Preparing or Construing Written Instruments 
 
 In drawing wills, contracts, and other instruments, it is often 
 necessary to learn in advance exactly what construction the courts 
 will probably place on a word or phrase. It is not sufficient mere- 
 ly to be familiar with the abstract rules of interpretation. The ex- 
 act legal purport of the language used must be understood. 
 
 A long and exhaustive search of the authorities is usually im- 
 practicable, and the question can usually be solved by locating in 
 "Words and Phrases" the definition of the word or phrase under 
 consideration, and so finding how the courts have interpreted its 
 meaning in the past. In this connection, it is not ordinarily neces- 
 sary to go to the original source of the definition ; i. e. the opinion 
 of the court. Indeed, this compilation is authoritative, and is not inf re- 
 quentl}- cited by the courts, with or without citation to the orig- 
 inal source.^" 
 
 9 See Chapter V, § 13, above. 
 
 ifThe explanation of this is simple. "Words and Phrases" is in effect 
 a book of primary authority. Deflnitlons and constructions, of which the 
 
 157 
 
§10 
 
 HOW TO FIND THE LAW (Part II 
 
 (c) Initial Use in General Search for Cases 
 
 We may next consider in detail the use of "Words and Phrases" 
 as the starting point of a general search for precedents when a 
 case turns on the meaning of a word. 
 
 Very often the result of the case on which the brief maker de- 
 sires authorities depends on or at least involves the proper defini- 
 tion or interpretation of a word or phrase. To illustrate by con- 
 crete examples, let us suppose that the following cases are pre- 
 sented to the brief maker i^'- 
 
 Case VI. A statute gives to all mariners a lien on the vessel on 
 which they are employed as security for wages. X. was employed on a 
 whaling vessel solely for his skill in finding or catching whales. He 
 did not contract (and was not at any time required) to take any part 
 in the operation of the ship. On return from the voyage a dispute 
 arose as to his wages, and he claimed the lien provided for in the 
 statute. 
 
 It is obvious that the decision of this case rests on whether X. is 
 a mariner within the meaning of the statute. 
 
 Turning to the word Mariner (volume V, pp. 4370 and 4371), we find 
 various definitions of this word, one being a special reference to the 
 crew of a whaler. It is followed by a citation to the case of The Min- 
 na, 11 Fed. 759, 760. 
 
 Case VII. In his will, the provisions of which were kept secret until 
 his death, the testator made a bequest of $10,000 to his son A., condi- 
 tional upon A.'s having married prior to the testator's death, and an 
 additional bequest of $25,000, to be divided in equal portions among 
 the "issue of A.'s marriage." A. moved to a sparsely settled and in- 
 accessible part of Washington. He entered into marital relations 
 with B. No marriage ceremony of any kind was performed at any 
 time, but the parties mutually agreed to consider themselves as man 
 and wife, and they at all times, and without fraudulent intent, held 
 themselves out to the world as being so. On the death of the testator, 
 A. claimed the said conditional bequest. 
 
 His right to the bequest clearly rests on the interpretation of the 
 word "marriage" in the will. Turning to the word Marriage in 
 "Words and Phrases," volume 5, we find a number of pages of defini- 
 tions of the word. Under a subline are various definitions of Mar- 
 riage with reference to the creation of the relation, and more especial- 
 work contains about 115,000, are taken from the reports themselves and are 
 quoted verbatim, excepting only in so far and in such instances as the sen- 
 tence structure in the original, or the adverbs and pronouns used therein, 
 made necessary additions or minor changes in order to render the meaning 
 clear by Indicating the character of the context or to suggest the circum- 
 stances under which the construction was made. 
 
 11 They may be followed in detail by turning to the specimen pages of 
 "Words and Phrases" in the Reference Book, pp. 115 to 130. 
 
 158 
 
Ch. IX) DIGESTS DBSCEIPTIVE-WOED METHOD § 10 
 
 ly, its solemnization. For the most part, these support the statement 
 that, in most jurisdictions, the present assent of the parties to imme- 
 diate marriage creates the relation, without any formal solemnization. 
 Following each definition will be found one or more citations to 
 cases in which it has been laid down by the court. Thus, as in the 
 previous case, we are referred directly to a case in point — one in which 
 the same word was construed by a court under circumstances similar 
 to those involved in the main case. In other words, we have found 
 our "first case" in point, and so have completed the first step of an 
 exhaustive search, just as we did in the five cases in § 6, above. 
 
 (d) "Words and Phrases" as Title in the Standard Classification 
 The date of publication of "Words and Phrases" was 1904. In 
 
 order to supplement that compilation adequately, a Cross-Reference 
 Title Words and Phrases was introduced into the classification in the 
 Decennial Digest, and will therefore be found in that and in all suc- 
 ceeding Key-Number Digests, as well as in the Index-Digests in the 
 later Reporter Volumes and Advance Sheets. 
 
 (e) "Words and Phrases" in the Reporters 
 
 In the indexes to the Key-Number Reporter Volumes and Advance 
 Sheets, the references following the words listed under the topic Words 
 and Phrases are citations to cases reported therein, showing the exact 
 location of each definition in the opinion. 
 
 (f) Use In General 
 
 The reader will generally find it better to refer in the first instance 
 to "Words and Phrases" itself, supplementing his search therein by 
 an examination of the topic Words and Phrases in the Decennial and 
 Key-Number Series. In many instances, however, the lawyer will not 
 have access to "Words and Phrases" itself. He will nevertheless 
 find the topic Words and Phrases in the digests of great value. 
 
 No paragraphs, such as appear in "Words and Phrases" itself, are 
 inserted under this topic, but an alphabetical list of words and phrases 
 appears; each word being followed by a citation in the nature of a 
 cross-reference to the topic, section, and paragraph in which the corre- 
 sponding definition will be found in the same digest that includes the 
 list. Such paragraphs are of the same character as those in "Words 
 and Phrases." 
 
 To illustrate, let us suppose the following case : 
 
 A statute provides that respective occupants of adjoining lands used 
 for farming shall maintain partition fences, unless they mutually oth- 
 erwise agree, and owners of land who do not maintain lawful parti- 
 tion fences cannot recover for trespass by the animals of owners of 
 the adjoining lands, with whom partition fences might have been 
 maintained. The question arises whether the term "owners of lands" 
 includes a tenant as the occupant of land, so that, if he has failed to 
 maintain a partition fence, he is precluded from recovering for tres- 
 
 159 
 
§ 10 HOW TO FIND THE LAW (Part II 
 
 pass by animals of the owner of the adjoining land, with whom a 
 partition fence might have been maintained ; that is to say, analysis 
 of the facts discloses that the specific question involved in the state- 
 ment is the meaning of the phrase "owners of lands" as used in the 
 statute — whether that phrase includes a tenant of lands. 
 
 This suggests that some light might be thrown on the problem by 
 consulting the title Words and Phrases. If we turn to that title in 
 Vol. 2, American Digest,^^ and examine the list of words included 
 thereunder, we find in its proper alphabetical order the reference 
 "Owners of lands, see Animals, § 92 (d)," indicating that a definition 
 of this phrase will be found in this volume of the digest, in the topic 
 Animals, § 92, and in paragraph (d) of that section. 
 
 § 11. Lists of Patents, Trade-Marks, and Trade-Names Adjudi- 
 cated 
 
 There are certain other lists provided for in the American Digest 
 Classification whose purpose and use is analogous to that of the topic 
 Words and Phrases, and which are of sufficient interest to lawyers 
 having certain classes of practice to deserve specific mention here. 
 
 The black letter line for the last section [§ 328] of the topic Pat- 
 ents reads "Patents Enumerated." ^^ Under this section in the vari- 
 ous Key-Number Digests a list is given of particular patents whose 
 validity, construction, and infringement have been adjudicated in cases 
 covered by the particular digest. A similar list of Trade-Marks and 
 Trade-Names Adjudicated appears under the final Division [V] of 
 the topic Trade-Marks and Trade-Names.^* 
 
 § 12. Conclusion 
 
 Referring once more to the Descriptive-Word Method of search, 
 it cannot, of course, be expected that this method will locate authori- 
 ties exactly in point for every case that might possibly arise, for that 
 would presuppose that every possible set of facts has at some time been 
 presented to the courts. Where a statement of facts discloses an 
 absolutely unique case, or a case of first impression, no authorities 
 exactly in point can be found, because they do not exist. For exam- 
 ple, suppose a case of negligent operation of an airship belonging to 
 an aerial navigation company doing business as a common carrier. 
 Clearly the investigator cannot at this date be led to any case absolute- 
 ly in point. At the same time, it is to be presumed that those princi- 
 ples of law which have been worked out and applied to other common 
 carriers will be applied to this new class of carriers when it comes into 
 existence. Therefore, if, without being too general, the words selected 
 
 12 See Reference Book, pp. 455 and t74. 
 
 13 See Reference Book, pp. 468 to 470. 
 1* See Reference Book, pp. 471 and 472. 
 
 160 
 
Ch. IX) DIGESTS DESCRIPTIVE-WORD METHOD § 12 
 
 as descriptive are broad enough to include analogous states of facts, 
 they will lead the investigator to cases so closely analogous as to serve 
 his purpose. 
 
 As already remarked, tfie method of finding authorities by use of 
 the descriptive word can be used with any digest compiled on the 
 Standard Classification, and, indeed, with any good digest in which 
 the cross-references are numerous and specific. 
 
 The reader's attention is also called to the fact that the Descriptive- 
 Word Method is the only practical method available in any instance 
 where he recollects the facts of a case which he knows to have been 
 decided, but of which he has forgotten the title and citation. Such a 
 case can be found by selecting words descriptive of such known facts, 
 and following the methods explained above. 
 Bbibf Mak.(.3d Ed.)— 11 161 
 
§ 1 HOW TO FIND THE LAW (Part II 
 
 CHAPTER X 
 
 "DSE OF DIGESTS FOK EXHAUSTING AUTHORITIES 
 
 § 1. Introduction. 
 
 2. Identity of Divisions and Subdivisions. 
 
 (a) Illustration. 
 
 3. Identity of Section Numbers in Key-Number Digests. 
 
 4. Use of Key-Numbers in Digests. 
 
 (a) Illustration. 
 
 5. Finding Key-Number Corresponding to a Known Century Section by 
 
 Means of Pink Table, 
 (a) Illustration. 
 
 6. Locating the Key-Number for the First Case Already Identified before 
 
 Examining the Digest. 
 
 (a) Cases Prior to 1906— Decennial Table of Cases. 
 
 (b) Cases Later than September, 1906— Tables in Key-Number 
 
 Series. 
 
 7. Finding the Facts of a Case. 
 
 8. Conclusion. 
 
 § 1. Introduction 
 
 In the preceding chapter the reader has had pointed out to him 
 a method of using the digest for finding a concrete case similar to 
 the one disclosed by his client's statement of facts. It was shown 
 that in every statement of facts certain essential elements should 
 be represented, that words may be selected describing one or more 
 of the salient essential elements, and that by locating in the De- 
 scriptive-Word Index those same words, or their synonyms, as 
 index woirds, the brief maker will be led to the particular topic, and, 
 under it, the section or sections, in the Decennial or other Key- 
 Number Digest used, where cases in point must be classified, if 
 they exist. The object of this initial search is to find a first case. 
 
 This finding of a first case is an exceedingly important step in 
 the search for authorities ; but it would not be of much real assist- 
 ance to the brief maker unless such first case could be used as a 
 key to other cases involving the same question and similar facts. The 
 first case thus found may be in some jurisdiction the decisions of which 
 are not regarded as of much weight in the jurisdiction in which the 
 brief maker's case is to be heard. It may even be contrary to the brief 
 maker's view of the case. If the case under investigation is of any 
 importance, then for various reasons it is desirable to collect all 
 authorities possible, and not merely the cases in the particular ju- 
 risdiction in which the case is to be heard. 
 
 Moreover, the brief maker wishes to get the latest cases. These 
 are important to him, because it is the late cases that show the 
 latest modifications of the law. Few people realize the increase in 
 the volume of case law during the last fifteen or twenty years. It 
 is clearly indicated by the following facts : 
 
 The final topical division used in the American Digest System is 
 
 162 
 
Ch. X) USE OF DIGESTS FOE EXHAUSTING AUTHORITIES § 2 
 
 the "section." Of these sections there are about 44,000. Each of 
 the volumes of the American Digest pubhshed since 1906 contains 
 matter classified under not less than 28 per cent, of these 44,000 
 sections, and altogether the thirteen volumes covering the period 
 from 1907 to the fall of 1912 contain matter classified under 76 
 per cent, of these sections; that is to say, during these seven years 
 there have been new decisions on 76 per cent, of the points decided 
 in the previous cases. It is therefore of vital importance to the 
 brief maker that he should be able to trace these later decisions. 
 
 Fortunately, a first case being found, the process of exhausting 
 the authorities is largely a mechanical one. The case first found 
 becomes a key which unlocks the door to the whole body of case 
 law covering similar points, so that it is not necessarily of import- 
 ance to the investigator in what jurisdiction such "first case" was 
 decided, or whether it has been overruled by a later case, or is of a 
 date so early as to minimize its value. That this is so is due to 
 the fixity and consistency of the Standard Classification Scheme. 
 
 § 2. Identity of Divisions and Subdivisions 
 
 As was pointed out in Chapter VIII, not only are the 412 main 
 titles of the Standard Classification Scheme absolutely fixed titles, 
 but if a topic is divided into main divisions, and these main divi- 
 sions further divided into subdivisions, such divisions and subdi- 
 visions are absolutely fixed; that is to say, in every digest of the 
 American Digest System, the main titles and the divisions and sub- 
 divisions of those titles will be found to be exactly the same. The 
 result is that if the brief maker finds a single case covering a de- 
 sired point in one standard digest, and identifies the location of 
 that case in terms of the topic, division, and subdivision of the 
 classification, it furnishes him a guide to the location in all other 
 digests compiled on the Standard Classification of all cases involv- 
 ing the same rule, regardless of whether such standard digest is 
 also a Key-Number digest. 
 
 (a) Illustration 
 
 Suppose that the case on which authorities are desired is one involv- 
 ing the question whether a public school teacher has authority to in- 
 flict corporal punishment on disorderly pupils. Suppose, also, that 
 the brief maker resides in Missouri, and therefore desires Missouri 
 cases, if possible, and that he has access only to the Key-Number 
 Series of the American Digest and to the Missouri Digest (1905), 
 which is a standard, though not a Key-Number, Digest. 
 
 Let us further suppose that by selecting Corporal Punishment as a 
 descriptive word we have been directed to the topic Schools and School 
 Districts, § 176, which appears in Volume 9 of the Key-Number 
 Series.^ This section number is followed by the 2-em dash line "Cor- 
 
 1 See Reference Book, pp. 574 to 576. 
 
 163 
 
§ 2 HOW TO FIND THE LAW (Part II 
 
 poral Punishment," the next preceding full line being section 174, 
 "Punishment." Under section 176 we find one case from Missouri 
 and one from Arkansas. 
 
 In order to find Missouri cases prior to 1906, we must refer to the 
 Missouri Digest above mentioned,^ since we have assumed that the 
 Decennial and Century are not at hand. 
 
 In order to find the sections of the Missouri Digest corresponding 
 to section 176 above, we turn to the analysis of the topic Schools and 
 School Districts in Volume 9, Key-Number Series. This shows us 
 that section 176 falls in Subdivision (H) of Division II of the topic. 
 By turning to the analysis of the same topic in the Missouri Digest, 
 we find that Subdivision (H) of Division II corresponds exactly to the 
 Subdivision (H) in the Key-Number Digests, and examination of the 
 section lines coming within the subdivision in the body of the topic 
 brings to light section 96, "Punishment — Corporal Punishment" un- 
 der which a number of paragraphs are digested.'' 
 
 This shows the method of finding the corresponding sections in two 
 standard digests where one or neither digest is Key-Numbered. 
 
 § 3. Identity of Section Numbers in Key-Number Digests 
 
 The reader will remember that in the Decennial Digest the Standard 
 Classification reached its final permanent form, so that each section 
 or black letter line now has a fixed and permanent section number, 
 which serves as a permanent reference to that black letter line, and 
 always appears in connection with it ; such numbers forming a con- 
 secutive series under each topic. This is called the Key-Number. 
 
 For instance, the black letter line "Adverse Possession" in the topic 
 Infants, in Volume I of the American Digest, Key-Number Series, is 
 preceded by the section number 24 (see Reference Book, p. 443). If 
 the reader will refer to the same section number in the analysis of the 
 topic Infants in the Decennial Digest (see Reference Book, p. 374), he 
 will note that it is followed by precisely the same black letter or sec- 
 tion line. 
 
 Digests which are compiled on the Standard Classification as it ap- 
 pears in its final form in the Decennial are called Key-Number Di- 
 gests. 
 
 Though, in the following explanation, we shall refer almost ex- 
 clusively to the Key-Number Series of the American Digest System, 
 which supplements the Decennial, every statement or rule is to be un 
 derstood as applying word for word to all other Key-Number Digests. 
 
 § 4. Use of Key-Numbers in Digests 
 
 When the brief maker has located a first case in point in the Decen- 
 nial (either by the Descriptive Word or by other methods to be ex- 
 
 2 See Reference Book, pp. 649 to 654. 
 
 s See Reference Book, pp. 649 to G.''i4, for digest pages referred to In text. 
 
 164 
 
Ch. X) USB OF DIGESTS FOE EXHAUSTING AUTHORITIES § 4 
 
 plained later), his next move is to exhaust the law; i. e., to locate all 
 prior and later cases on the same point. The section which contains 
 his first case in the Decennial Digest will usually be found to include 
 other paragraphs on precisely the same point, based on other cases in 
 which the facts are closely similar. It does not follow, however, that 
 he will wish to cite in his brief every case digested under such sec- 
 tion, for the black letter line may be broader in its scope than the 
 proposition under investigation. However, as the facts of every case 
 are obtainable,* he can select from the cases under his Key-Number 
 those which are exactly in point as to fact as well as in point as 
 to law. 
 
 As the Decennial covers only down to 1906, he must go to the Key- 
 Number Series in order to supplement it. To do this, let him note 
 the Key-Number and go to the same topic and Key-Number in each 
 volume of the Key-Number Series. In doing so, however, he can 
 save himself the labor of examining those volumes which do not con- 
 tain any matter digested under his Key-Number. Reference to the 
 latest issue of the "Cumulative Table of Key-Number Sections" (al- 
 ready described in Chapter VIII, § 14) will show him in what vol- 
 umes of the series his particular Key-Number appears. 
 
 As the latest cases are the most valuable, and as there may have been 
 a case in point reported subsequent to the period covered by the latest 
 volume of the Key-Number Series, the search should be carried into 
 the Monthly Digest, which serves as advance sheets of the current 
 volume. Each issue of the Monthly Digest being itself a Key-Num- 
 ber Digest, this process is simple and easy.* 
 
 (a) Illustration 
 
 Suppose the point under investigation involves the determination of 
 the right of a passenger on a street railway to receive a transfer to a 
 connecting line. Using the descriptive word "Transfers," ^ we are re- 
 ferred by the Index to Carriers, § 269, in the Decennial, under which 
 are digested several cases on the right of a passenger to receive a 
 transfer. 
 
 Turning next to the issue of the Cumulative Table of Key-Number 
 Sections," distributed with Vol. 14, Key-Number Series, we ascertain 
 that Carriers, § 269, appears in Volumes 1, 2, 3, 4, 5, 6, 7, and 14 of 
 the Key-Number Series. By turning to that section of the topic in 
 each of these volumes, we find additional cases on the point under 
 consideration. To bring the search even nearer to date, it is neces- 
 sary to examine the various issues of the Monthly Digest, looking for 
 
 * See § 7 below in this chapter. 
 
 4 It will be observed that the black letter lines are not printed in the 
 Monthly Digest, 'only the Key-Numbers being given to indicate the sections 
 of the different topics. 
 
 5 Reference Book, p. 334. 
 
 6 Reference Book, p. 426. 
 
 165 
 
§ 4 HOW TO FIND THE LAW (Part II 
 
 section 269 under the topic Carriers in each. Considering how short a 
 period is covered by each issue, it will readily be seen that the chance 
 that any particular section will appear in any particular issue is com- 
 paratively small, yet it is surprising how often one will be repaid for 
 taking the precaution to examine the Monthly Digest issues by finding 
 a late case in point. 
 
 By the process indicated, we have covered the period from 1897 as 
 nearly down to date as can be by means of the digests.' But to ex- 
 haust the law we must find the earlier cases also. 
 
 All cases prior to 1897 are digested in the Century. Under the 
 black letter line for Carriers, ^ 269, in the Decennial, is a specific ref- 
 erence to 9 Century Digest, topic Carriers, §§ 1060-1063. Turning to 
 these sections in the Century, we find that, taken together, they cor- 
 respond to section 269 in the Decennial, and, by selecting that one 
 which is most appropriate to the main case, we find under it all the 
 cases in point from earliest times to and including 1896. The same 
 Century reference appears under the black letter line of Carriers, § 
 269, in each of the volumes of the Key-Number Series above men- 
 tioned. 
 
 Thus our first case proves to be a key to all other cases, and the 
 process of finding such other cases, both earlier and later, is a purely 
 mechanical one, in which no time need be spent in referring to the 
 classification or topic analyses, or in examining volumes which did not 
 contain any cases on the point under consideration. 
 
 § 5. Finding Key-Number Corresponding to a Known Century 
 Section by Means of Pink Table 
 
 In order to follow the simple method of exhausting the law set forth 
 in section 4 preceding, it was first necessary to ascertain what Key- 
 Number section covered the proposition. Where the first case is lo- 
 cated in the Decennial or other Key-Number Digest, the Key-Number 
 is already identified, being the one under which such first case is di- 
 gested. But the first case is not always located in the Decennial or 
 Key-Number Series. It will often be located in the Century by means 
 of the Table of Cases, as explained below, and perhaps, in some in- 
 stances, by means of the Descriptive- Word Method applied directly to 
 the Century itself. 
 
 However, the first case located in the Century may be made the key 
 to all later cases by identifying the Key-Number which corresponds to 
 the Century section under which such first case is digested. This is 
 done by referring to the Table of Century Sections and their cor- 
 responding Key- Numbers included in 21 Decennial Digest and known 
 as the "Pink Table." This table has already been described in Chap- 
 ter VIII, § 11. 
 
 7 The search can be brought even nearer to date by examining the Reporter 
 indexes, as explained in Chapter XI, § 6. 
 
 166 
 
Ch. X) USE OP DIGESTS FOE EXHAUSTING AUTHOEITIES § 6 
 
 The Key-Number thus identified is to be used as the means of ex- 
 hausting the law subsequent to the Century, in the manner explained 
 in the preceding section of this chapter. 
 
 (a) Illustration 
 
 Let us suppose that the case in which we are interested involves the 
 liability of an infant on his contract for necessaries, and that by means 
 of the descriptive word Necessaries we have located in the Century 
 Digest a cross-reference reading as follows: "Contract of Infants for 
 Necessaries, see Infants, §§ 114—127." 
 
 Going to the topic Infants in the Century Digest (see Reference Book, 
 pp. 285 through 292), we find that the sections indicated cover the 
 various phases of the law relating to the liability of an infant on his 
 contract for necessaries. 
 
 Let us suppose that the particular phase of the question with which 
 we are concerned is evidence as to necessaries. In the Century, this is 
 covered by § 126, under which we find ten digest paragraphs. 
 
 In order to bring our search down to date, we must locate the Key- 
 Number corresponding to our Century section. Referring to the topic 
 Infants in the Pink Table, we run down the column of consecutive 
 Century section numbers till we come to the numeral "126." Opposite 
 this number in the right-hand column we find "50," which is the Key- 
 Number covering our point. ^ 
 
 Turning to the Decennial, we find Infants, § 50. We find that the 
 black letter line for this section is Necessaries, showing that all phases 
 of the question covered by the various Century sections are dealt with 
 under a single section in the Decennial. There are twenty digest para- 
 graphs under this Key-Number in the Decennial.^ 
 
 Going to the Cumulative Table of Key-Number Sections, we find 
 that "Infants § 50" appears in Volumes 1, 3, 7, 8, 9, and 12 of the Key- 
 Number Series.^" The search may be brought even nearer to date by 
 means of the subsequent issues of the Monthly Digest, as indicated 
 above. 
 
 § 6. Locating the Key-Number for the First Case Already Identi- 
 fied before Examining the Digest 
 Thus far we have assumed that the brief writer has located his first 
 case in the American Digest System by means of the facts of his cli- 
 ent's case; but, as pointed out in Chapter IX, § 1, he may have a cita- 
 tion to a case in point before he approaches the Digest. For instance, 
 he may have obtained it from an annotation to the statutes already ex- 
 amined, or may have been familiar with some case in point, or he may 
 
 8 Reference Book, p. 402. 
 
 9 See Reference Book, pp. 380 and 381. 
 
 10 Reference Book, p. 429. The exhibit in the Reference Book from each 
 of the first fourteen volumes of the Key-Number Series includes the topic 
 Infants. 
 
 167 
 
§ 6 HOW TO FIND THE LAW (Part II 
 
 simply wish to look up later law on a reported case that he is examin- 
 ing. Certain it is that in many instances one who has begun his search 
 in books other than the Digest will have a citation to a case in point be- 
 fore he refers to the Digest at all. Under these circumstances, he ap- 
 proaches the Digest under very different circumstances from those that 
 we have been considering heretofore. What he desires is the Key-Num- 
 ber which covers the particular point in a known case in which he is in- 
 terested. When such Key-Number is identified, the simple mechanical 
 process already explained will enable him to exhaust the law on the 
 point in question. The various Tables of Cases Digested in the Amer- 
 ican Digest System furnish a means of identifying the desired Key- 
 Number. 
 
 (a) Cases Prior to 1906 — Decennial Table of Cases 
 
 Of these Tables, the first and most important is the "Table of Cases 
 Digested in the Century and Decennial Digests," which occupies Vol- 
 umes 21-25 of the Decennial.^^ It is generally known and will here- 
 after be referred to simply as the "Decennial Table of Cases." 
 
 If the investigator's case was reported during the period prior to 
 September, 1906, he can locate the title in this complete alphabetical 
 table. Following the title and the citations to the reports, he will find 
 references to the section or sections of the Century or Decennial Di- 
 gests where the different points of the case are digested. 
 
 If the desired reference is to the Century, he should go to the Cen- 
 tury first, identify his digest paragraph, and then examine the other 
 cases under the same section. After that, he can ascertain from the 
 Pink Table what Key- Number corresponds to the Century section num- 
 ber, and thus obtain the means of completing his search. 
 
 If, on the other hand, his first case falls within the Decennial period, 
 his reference is itself a Key-Number citation. The earlier cases can 
 be reached through the Century reference under the black letter line in 
 the Decennial. 
 
 And it may sometimes happen that the investigator has access to the 
 Decennial and Key-Number Series, but not to the Century, and that 
 his first case comes within the Century period. Under these circum- 
 stances, he cannot examine the digest paragraph for his first case. But 
 this will not prevent him from getting at the cases subsequent to 1896. 
 By means of the Pink Table, the reference to the Century, found in 
 the Decennial Table under the title of his case, can be translated into a 
 Key-Number citation. 
 
 In every instance, the investigator should be careful to examine the 
 black letter line of the Century or Key-Number section, if more than 
 one point was decided in his first case, and where there is any doubt 
 as to which of several references is the one which covers his point, 
 he should examine the black letter lines for all such sections. The im- 
 
 11 See Chapter VIII, § 15, where the construction of these Tables is fully 
 set forth. 
 
 MS 
 
Ch. X) USE OF DIGESTS FOR EXHAUSTING AUTHORITIES § 6 
 
 portance of taking this precaution when his case is digested in the Cen- 
 tury and he has at hand only the Decennial and Key-Number Series 
 is particularly obvious. 
 
 Illustration 1. Suppose that we have located as a case in point An- 
 trim Iron Co. V. Anderson, 140 Mich. 702, 104 N. W. 319, in which it 
 was held that, although under the Statute of Frauds an oral contract to 
 sell standing timber is invalid as a contract, yet it is good as a license, 
 and timber cut before the revocation thereof becomes the property of 
 the licensee. 
 
 We find that this case appears in the Decennial Table of Cases as 
 follows : ^^ 
 
 Antrim Iron Co. v Anderson 140 
 Mich.702, 104N.W.319, 112Ain. 
 St.Rep.434; 3 D App.& E. § 
 1066; 9 D Fras„St,o£ §61; 16 
 D Prino,& A,. §117(1), 131 
 
 It is obvious that section 61 of Frauds, Statute of^^ is the Key-Num- 
 ber in which we are interested. Turning to this section in Volume IX 
 of the Decennial, we find eight cases digested thereunder. From the 
 Cumulative Table of Key-Number Sections,^* we learn that "Frauds, 
 Statute of, § 61," appears in Volumes 1, 6, 7, 8, 12, and 14 of the Key- 
 Number Series ; and under the black letter line for section 61 in these 
 volumes and in the Decennial, we find a reference to 23 Century Di- 
 gest, Frauds, Statute of, § 96. 
 
 Illustration 2. Let us suppose that our first case is that of Appanooce 
 v. Kneff, 2 111. App. 583, -which was decided in 1878 (i. e., before 1897), 
 and in which only one point was adjudicated. This case appears as 
 follows in the Decennial Table :^^ 
 
 Appanooce v Kneff 2111. App. 683; 
 25 C High. §188 
 
 From this we learn that our case is digested in the Century Digest 
 under section 188 of the topic Highways. ^^ 
 
 Let us suppose that we have not access to the Century Digest, but 
 that the Decennial and Key-Number Series are available. In order to 
 find the Key-Number corresponding to our Century section, we turn 
 to the topic Highways in the Pink Table, where the Key-Number cor- 
 responding to "Century, § 188," is given as "Highways 58 (5)." Fol- 
 lowing this reference, we are led to a collection of 22 digest paragraphs 
 in the Decennial. The Cumulative Table Key-Number Section shows 
 that "Highways 58" appears in Volumes 1, 2, 4, 5, 6, 7, 8, 9, 11, 12, 13, 
 and 14 of the Key-Number Series. 
 
 Thus we have been able to find all the case law on the point under 
 consideration handed down during the last sixteen years, and this was 
 
 12 Reference Book, p. 411. 
 
 13 See Table of Abbreviations of Topic Titles which precedes the Pink Ta- 
 ble in 21 Decennial. Reference Book, p. 392. 
 
 14 Reference Book, p. 427. i^i Reference Book, p. 412. 
 
 169 
 
§ 6 HOW TO FIND THE LAW (Part II 
 
 done without making any use of the Century Digest, although the whole 
 process was based on a reference to that pubhcation. 
 
 (b) Cases Later than September, 1906 — Tables in Key-Number Series 
 Just as the various volumes of the Key-Number Series supplement 
 the Decennial Digest, so the Tables of Cases Digested in such volumes 
 supplement the Decennial Table. Therefore, if the brief writer's first 
 case was reported subsequent to September, 1906, he must look for it 
 in the Table of Cases Digested in one of these volumes, instead of in 
 the Decennial Table. To save time, he should make use of the Tables 
 published at the beginning of each volume, showing what volumes of 
 reports are digested therein. Having ascertained in what volume his 
 case is digested, he can then find from the Table of Cases Digested the 
 Key-Number under which each point of his case is digested.^" As al- 
 ready pointed out under section 6 (a) above, he should examine the 
 digest paragraphs themselves, in order to make certain which of several 
 possible Key-Numbers is the one with which he is concerned. Having 
 definitely identified his Key-Number, he can exhaust the law by means 
 of it and of the Century reference given under it. 
 
 Illustration. Suppose that we are interested in the question of the 
 burden of proof of insanity, where the defense in a criminal case is 
 based on insanity, and that we have already found the Alabama case 
 of Rayfield v. State, 52 South. 833, in which it was held that under the 
 statutes of Alabama the burden rests upon the defendant to sustain, 
 by evidence to the reasonable satisfaction of the jury, a plea of not 
 guilty by reason of insanity. By examination of the Tables of Reports 
 Digested, we find that 52 Southern Reporter is digested in Volume 9 of 
 the Key-Number Series. ^^ Turning to the Table of Cases Digested 
 (see Reference Book, p. 582), we find a case as follows : 
 
 Rayfleia v. State (Ala.) crim. law, 
 331, 773; int. liq. 167. 
 
 Referring to the Digest sections indicated, we find that our point 
 appears under Criminal Law, § 331. Taking Criminal Law, § 331, as 
 our Key-Number, we follow the prescribed method of exhausting the 
 
 law. 
 
 § 7. Finding the Facts of a Case 
 
 In connection with this use of Tables of Cases Digested in a general 
 search for cases based upon a first case, we may conveniently discuss 
 their use for another purpose. 
 
 16 It will be observed that a dagger is printed before the titles of many 
 of the cases appearing In these Tables. The dagger indicates that only a 
 memorandum decision was rendered, so that the case contained no point of 
 law to be digested. See Reference Book, p. 490.' 
 
 17 See Eeference Book, p. 557. 
 
 Attention may also be called to a special table published at the front of 
 each issue of the Cumulative Table of Key-Number Sections, showing what 
 Reporter volumes are covered by each volume of the Key-Number Series. See 
 Reference Book, p. 422. 
 
 170 
 
Oh. X) USB OF DIGESTS FOR EXHAUSTING AUTHORITIES § 7 
 
 Let us suppose that the brief maker has found the citation to a case 
 which he has reason to beHeve supports the proposition which he is 
 seeking to establish. He cannot safely cite this case without knowing 
 quite specifically the holdings, and more especially the facts upon which 
 the court ruled. On the other hand, it will often happen that no re- 
 port of the case will be available. However, if he can examine all the 
 syllabi of the case, they will give him clear and dependable informa- 
 tion which will serve his purpose almost as well. 
 
 It has already been explained that the paragraphs for a given case in 
 the American Digest System are practically identical with the syllabi 
 for such case in the National Reporter System. Therefore, by going to 
 the particular Table of Cases Digested which covers his case, he may 
 locate the topics and sections where the several points of the cited 
 case appear in the body of the digest. By examining all these para- 
 graphs, the brief maker will obtain a full summary of both the law 
 and the facts of his case.^* 
 
 Illustration. Suppose that we have found in a text-book or encyclo- 
 paedia a statement of the rule governing a case, and in the footnote at- 
 tached thereto a citation to the case of Reed v. Hickey, 109 Pac. 38, 
 13 Cal. Appeals, 136. Neither report of the case being accessible, we 
 turn to the digest. Examining the various tables of reports digested, 
 we find that 109 Pacific is covered by Volume 9, Key-Number Series 
 (see Reference Book, p. 422). In the Table of Cases Digested, Reed 
 v. Hickey (listed on p. 3230; see Reference Book, p. 582) is followed 
 by references to the following topics and sections: Contracts, 10; 
 Mines, 53 ; Vendor and Purchaser, 23 and 302. Turning to these sec- 
 tions we find the following paragraphs : 
 
 CONTRACTS. 
 
 { lO. Mutuality of obligation. 
 [c] (Cal. App. 1910) 
 
 Though the vendees by their breach of the 
 contract of sale deprive themselves of the right 
 to specific performance, mutuality of the con- 
 tract is not thereby destroyed, so as to take 
 from the vendor the right to recover the un- 
 paid amounts due under the contract. — Reed v. 
 Hickey, 109 P. 38. 
 
 MINES AND MINERALS. 
 
 { 53. Options. 
 
 See 34 Cent. Dig. Mines, §§ 147, 148. 
 
 [b] (Cal. App. 1910) 
 
 A contract reciting plaintiff's ownership 
 of a mine, and that defendants are desirous of 
 an option to purchase it for the agreed pur- 
 chase price of |36,000, based on the privilege 
 
 18 Althougli each paragraph vrill usually contain some facts, the searcher 
 vrill find that there is one paragraph in which the facts are stated fully and in 
 considerable detail, just as in the Reporters there is always one syllabus para- 
 graph which is largely devoted to summarizing the facts. 
 
 171 
 
§ 7 HOW TO FIND THE LAW (Part II 
 
 of 60 days from date in which to prospect by 
 sinking a shaft at a certain point, providing 
 that, in consideration of the performance of 
 the terms of the contract by defendants, plain- 
 tiff covenants and agrees to sell and convey the 
 mine to defendants, at any time within said 60 
 days, on payments and conditions as follows: 
 The payments provided being $10,000 on or 
 before 60 days after date, and other payments 
 to make up the price within the year following ; 
 providing that all pay gravel taken out by de- 
 fendants during said 60 days' option shall be- 
 long to plaintiff ; that improvements placed 
 on the premises by defendants during said 60 
 days for prospecting shall belong to plaintiff 
 on failure of defendants to make the first pay- 
 ment provided for ; that on payment of the 
 first installment within said 60 days plaintiff 
 will execute and deposit a deed in escrow, to 
 be delivered on payment of the balance of the 
 purchase money, hut to be returned to plaintiff 
 in case of default in any of the payments or 
 violation of the terms or conditions of the 
 agreement ; that on receipt of the first pay- 
 ment plaintiff will turn over to defendants the 
 property and all apparatus owned and used 
 by him in working the mine, and thereupon de- 
 fendants shall have the right of mining the 
 property for their own benefit ; and that a de- 
 fault in payment of an installment at the stipu- 
 lated time, or a default in other matters stipu- 
 lated to be done by defendants, shall at once 
 abrogate the agreement, and its provisions shall 
 no longer bind plaintiff, and he may re-enter and 
 assume possession of the mining property and 
 all improvements made or placed thereon by 
 defendants, and the same and all payments on 
 account of purchase price shall be forfeited to 
 plaintiff as liquidated damages for use and oc- 
 cupation of the property — is not a continuing 
 option, renewed as each payment is made and 
 continuing until the next payment, but on the 
 first payment being made it becomes a contract 
 of sale.— Reed v. Hickey, 109 P. 38. 
 
 VENDOR AND PURCHASER. 
 
 I 23. Execution. 
 
 See 48 Cent. Dig. Ven. & Pur. § 28. 
 
 [a] (Cal. App. 1910) 
 
 Though a contract, constituting an agree- 
 ment by plaintiff to sell land to defendants, is 
 signed only by plaintiff, defendants by going 
 into possession of the property, and making 
 payments under the contract, accept its terms, 
 and become bound by it. — Reed v. Hickey, 109 
 P. 38. 
 
 § 302. Right of action. 
 
 See 48 Cent. Dig. Ven. & Pur. §§ 845-850. 
 
 [a] (Cal. App. 1910) 
 
 A contract of sale of land providing that 
 default in payment of an installment shall abro- 
 gate it, and the vendor may re-enter and as- 
 sume possession, and all improvements put on 
 the property by the -sendees, and all payments 
 on account of purchase price, shall be forfeited 
 to the vendor as liquidated damages for use 
 and occupation of the property, does not limit 
 the vendor to his right of repossessing himself 
 of the property, but he may recovm- the unpaid 
 installments.— Reed v. Hickey, 109 P. 39. 
 
 172 
 
Ch. X) TJSB OF DIGESTS FOR EXHAUSTING AUTHORITIES § 8 
 
 These paragraphs, and especially that under Mines and Minerals, 
 give us an extremely full synopsis of facts, from which we are able to 
 judge accurately whether it is in point with the proposition which we 
 are briefing. 
 
 It canrlot be too emphatically' stated that this method of ascertaining 
 facts is not suggested as a substitute for examining the report of the 
 case itself when possible, but it will often prove of assistance to the 
 attorney who has not the use of a complete set of reports. 
 
 § 8. Conclusion 
 
 The reader will have perceived that, since all the cases on a given 
 point are classified under the same section or black letter line of the 
 standard Key-Number Classification, or in the Century Digest under 
 one or more sections which correspond to that Key-Number section, it 
 follows that the brief maker's first object, when approaching the digest, 
 must be the identification of the Key-Number which covers the particu- 
 lar limited phase of the law in which he is interested. 
 
 We have discussed two important methods by which this object may 
 be accomplished. When the digest is approached at the very start of a 
 search for authority, the Key-Number is found by the descriptive-word 
 method — selecting and using words which describe the salient essential 
 facts of the client's case, and locating them in the Descriptive-Word 
 Index. 
 
 But when we have already found a first case in point, the Decennial 
 Table of Cases and the similar tables in the Key-Number Series oiifer 
 the easiest and simplest possible method of identifying the desired 
 Key-Number. 
 
 When the Key-Number is located, its use makes the work of ex- 
 hausting the law in point a purely mechanical process. 
 
 A third method of entry into the digest remains to be considered — 
 that of the classification ; but as it closely resembles the method ap- 
 plied by most investigators in the past in using the encyclopaedias and 
 the usual method of using text-books, it may best be left to a later 
 chapter. Meantime, we shall turn our attention to the use of the Na- 
 tional Reporter System, which is closely allied to the use of the Digest 
 System. 
 
 173 
 
§ 1 HOW TO FIND THE LAW (Part II 
 
 CHAPTER XI 
 HOW TO FIND THE LAW— USE OP THE REPORTERS 
 
 § 1. Introduction. 
 
 2. Tables. 
 
 (a) Tables of Cases Reported. 
 
 (b) Tables of Cases on Rehearing. 
 
 (c) Tables of Cases Transferred to Court in Banc. 
 
 (d) Tables of Cases in Which Writ of Error was Denied. 
 
 (e) Tables of Statutes Construed. 
 
 3. Parallel Citation Tables. 
 
 4. Same — The Reporter Blue Books. 
 
 (a) Purpose and Use of Blue Books. 
 
 (b) Blue Table Continuations. 
 
 5. Same — Reverse Front Tables. 
 
 6. The Reporter Indexes. 
 
 7. Reporter Annotations. 
 
 8. Same — Century Annotations. 
 
 9. Same — Key-Number Annotations. 
 
 (a) Use in Connection with Digests. 
 
 (b) Same — When Only State Report Citation Is Known. 
 
 (c) Use in Connection with Other Volumes of the Reporters. 
 
 10. Early Reporter Cases Which are Not Annotated Either by Key-Numbev 
 
 or Century Reference. • 
 
 11. Use of Reporter Indexes to Supplement Digests. 
 
 12. Use of Key-Numbers in Text-Books. 
 
 § 1. Introduction 
 
 As a system of law reports the National Reporter System requires 
 specific and detailed explanation, not merely because it furnishes 
 complete, early, and accurate reports of all cases decided by the 
 appellate courts in the various states and by the federal courts, 
 but also because the various parts of the system contain devices 
 by which the cases there reported can be used as clews to other 
 like cases, and by which the Reporters can be connected directly 
 with the American Digest System and with each other. 
 
 These special features of the Reporters are important, and are 
 so closely connected with the advantageous use of the System 
 that a lawyer who owns or has access to the Reporters should 
 be familiar with them, in order that he may use them intelligently 
 and with the maximum benefit to himself. Therefore the reader 
 should make his knowledge of the Reporters specific. The more 
 exact his knowledge, the easier will be his work as a practicing 
 lawyer and brief maker. 
 
 A general description of the National Reporter System is given 
 in Chapter III, § 6, where also the use of certain of the tables was 
 explained. It may be well for the reader to refer again to that 
 portion of the chapter which treats of the Reporters, in order that 
 he may understand what follows. In this chapter, our attention 
 will be given to those features of the Reporter System which ren- 
 
 174 
 
Ch. XI) USE OF THE REPORTERS § 2 
 
 der it especially valuable in the search for authorities, and we shall 
 explain and illustrate how they may be used to the best advantage. 
 
 § 2. Tables 
 
 In the first place, there are found in the various Reporters — 
 both in the advance sheets and in the bound volumes — a number 
 of valuable tables, each of which has its peculiar use and in its 
 own way conveys to the brief maker valuable information.^ 
 
 (a) Tables of Cases Reported 
 
 In each number of the advance sheets of the Reporters, and 
 in each bound volume, will be found a Table of Cases Reported in 
 that particular volume or advance sheet. (See Reference Book, 
 pp. 19 and 63). These tables constitute, of course, a table of con- 
 tents of the number or volume, and enable the brief maker to find 
 a case of which the title and volume is known, but not the page. 
 When, however, only the title of a case is known, it is better to 
 use the Decennial Table of Cases to find the reporter citation (and, 
 for that matter, the state report or Selected Case Series citations) 
 of any case prior to 1907. Subsequent to that date, the tables of 
 cases digested in the various volumes of the Key-Number Series 
 serves' as a means of finding a citation to the Reporter and in 
 many instances to the state reports.^ 
 
 In addition to these complete Tables of Cases Reported in each 
 Reporter bound volume, there is prepared for the convenience of 
 attorneys and inserted in each volume of the Reporter a table 
 of cases decided by the Supreme Court of their state which are 
 reported in that particular volume. This table is printed on pink 
 paper, and is pasted on the inside of the back cover of the volume. 
 It enables the attorney to locate quickly the cases decided in his 
 own state, and reported in the volume.* 
 
 (b) Tables of Cases on Rehearing 
 
 Another table that aids the brief maker, not so much in find- 
 ing the law, as in valuing his authorities when he has found them, 
 is the Table of Cases on Rehearing — tables which show in what 
 cases rehearings have been granted or are pending. (Reference 
 
 1 Some of these tables, like the Tables of Cases Keported, are common to 
 all reports. Others are peculiar to the Reporters. As the scope of this vol- 
 ume does not permit of our dealing with the state reports Individually, the 
 reader is advised, after reading this chapter, to go through a recent volume 
 of the state reports of his own state carefully, in order to learn what features 
 are represented therein. 
 
 2 It often happens, however, that as a case is digested in the Key-Number 
 Series before it is reported either in the State Report or has found its way 
 into any Selected Case Series, these tables in the Key-Number will not give 
 that parallel citation, and resort must be had to the special parallel citation 
 tables referred to in Chapter VI, § 7g. 
 
 3 Reference Book, p. 87. 
 
 175 
 
8 2 HOW TO FIND THE LAW (Part II 
 
 Book, p. 94.) They are useful in assisting the brief maker to dis- 
 cover whether the decision which he has found, and on which he 
 wishes to rely in his brief, is final. When he learns from this table 
 that his case is on for rehearing, he is put on notice to ascertain 
 the result of such rehearing from other sources, such as the Tables 
 of Cases Affirmed, Reversed, or Modified. 
 
 The necessity and value of this sort of information will be re- 
 ferred to when we tarke up the subject of weighing and valuing 
 authorities. 
 
 (c) Tables of Cases Transferred to Court in Banc 
 
 In some states, as Missouri, the Supreme Court, in order to 
 expedite business, sit in divisions, two or three judges being as- 
 signed to each division to hear the cases, thus enabling the court to 
 dispose of the cases more rapidly. Under certain circumstances 
 cases heard and decided in division may be transferred to the 
 whole court, or, as it is called, "the Court in Banc," for decision. 
 A table showing in what cases petitions for transfer have been 
 filed is put in the Reporter advance sheets, in order that the brief 
 maker may be informed as to the finality of a decision in the divi- 
 sion.* 
 
 (d) Tables of Cases in Which Writ of Error Was Denied 
 
 In Texas a writ of error will lie in certain cases from the Courts 
 of Civil Appeals (which are intermediate appellate courts) to the 
 Supreme Court. In the advance sheets and bound volumes of the 
 Southwestern Reporter there will be found a table showing the 
 cases in which writs of error have been denied without the rendi- 
 tion of a written opinion, since the publication, in previous vol- 
 umes of the Reporter, of the original decision of the Court of Civil 
 Appeals. (Reference Book, p. 72.) This information has, of 
 course, a decided bearing in determining the finality, and therefore 
 the value as a precedent, of the decision in the Court of Civil 
 Appeals. 
 
 (e) Tables of Statutes Construed 
 
 In each number of the advance sheets and in each bound volume 
 of the Reporters will be found a Table of Statutes Construed. 
 These tables give the citation of the statute by title, chapter, arti- 
 cle, or section as the case may be, and indicate where the case may 
 be found in which such statute was construed. (Reference Book, 
 pp. 83 and 95.) The need of such a table in determining the application 
 of statutes to the case under investigation is pointed out in Chapter 
 VII, in treating of the examination of statutes. 
 
 In many states there are annotated editions of the statutes. The 
 Reporter Tables furnish a means of supplementing these statute 
 
 * Reference Book, p. 95. 
 
 178 
 
Ch. XI) USE OF THE REPORTBES § 4 
 
 annotations, and bringing them down to date, and of supplying 
 their place in those states where the collected compilations are 
 not annotated. 
 
 § 3. Parallel Citation Tables 
 
 Attention has been called in Chapter VI, § 7 (d-h), to the conven- 
 ience and even the necessity of tables of parallel citations, the purpose 
 of which is to enable the brief maker, when the state report is the 
 only one cited and is not available, to locate the case in some other 
 series of reports. 
 
 ■As already pointed out, one of the important characteristics of 
 the Decennial Table of Cases is that it serves as a complete and 
 general Table of Cases reported and so of parallel citations to all 
 cases prior to 1907. 
 
 At the same time, there are special Tables of Parallel Citations 
 for each series belonging to the National Reporter System. 
 
 § 4. Same — The Reporter Blue Books 
 
 The parallel citation tables for the National Reporter System are 
 contained in the Blue Books, a separate volume being published for 
 each Reporter. These books contain tables showing the citation of 
 each case reported in the state or other official reports, and in con- 
 nection therewith the volume and page of the Reporter in which 
 the case will also be found. These tables are printed on blue paper, 
 and are often referred to as the "Blue Tables." 
 
 These tables are compiled in two forms: (1) A skeleton table, 
 which gives merely the volume and page of the official report, 
 without the title of the case, arranged in the numerical order of 
 the pages, together with the volume and page of the Reporter in 
 which the case will be found ; and (2) a full table of cases, arranged 
 in alphabetical order by titles, with the citation to the Reporter. 
 Specimens of these tables will be found in the Reference Book, pp. 
 765 to 787. 
 
 (a) Purpose and Use of Blue Books 
 
 The purpose of the Blue Books is to afford a means of translating 
 an official citation into a reporter citation. It often happens that 
 cases are cited in text-books and in the official reports to the state 
 reports only. The state report may not be available to the brief 
 maker, or, even if it is available, he may desire to secure the ad- 
 vantage of the annotations in the Reporter System. To do this 
 he must translate this official citation into the Reporter citation, 
 in order to locate the case in the proper Reporter. 
 
 : Suppose, for example, that the brief maker has been cited to the 
 
 case of Heffington v. Jackson & Norton, 43 Tex. Civ. App. 560, and 
 
 he has not access to that series of reports, but has access to the 
 
 Southwestern Reporter. He should resort to the Southwestern 
 
 Bkief Mak.(.3d Ed.)— 12 177 
 
§ 4 HOW TO FIND THE LAW (Part II 
 
 Blue Book, turn to the table for 43 Tex. Civ. App. and locate the 
 case in the table of cases. Following the title, in parenthesis, is 
 the Reporter citation (96 S. W. 108).= 
 
 He may, if he chooses, use the skeleton table at the top of the 
 page instead of the alphabetical table of titles. In this table, the 
 citations are arranged in columns. In the column headed "Tex. Cv. 
 A. Rep." he locates the number of the page of the official report, 
 "560." Exactly opposite, in the column headed "S. W. Rep.," he 
 finds the volume and page of the Reporter given "96 108." When 
 the title of the case is known, it is usually best, however, to use 
 the alphabetical table. 
 
 The skeleton table may, of course, be used when the title of a 
 case is not known. It sometimes happens that a case will be cited 
 by the volume and page of the official report, but without the title. 
 So, too, the title may be forgotten, or in making notes hastily the 
 brief maker may neglect to put down the title. In such instances 
 the case can nevertheless be easily located in the Reporter by the 
 skeleton table — the title being unnecessary. 
 
 (b) Blue Table Continuations 
 
 The Blue Books are supplemented and kept up to date by tables 
 of cases inserted in the back part of the various Reporter volumes, 
 and referred to as the "Blue Tables." The particular Reporter vol- 
 umes which contain these supplementary tables are indicated by a 
 third blue label near the bottom of the back of the volume. On 
 this label is shown the official volumes for which tables will be 
 found in that particular Reporter. For this reason those tables of 
 parallel citations are sometimes called. "Blue Label Tables," and 
 sometimes "Third Label Tables." 
 
 New editions of the Blue Books are issued at frequent intervals. 
 In each new edition, the third label tables which have accumulated 
 since the previous edition are inserted. 
 
 § 5. Same — Reverse Front Tables 
 
 The brief maker should, out of courtesy to the court, give the 
 official citation when possible, and in some states the rules of court 
 require him to do so. To enable him to do this there is a special 
 table prepared for the purpose of translating a Reporter citation 
 into an official or state report citation. 
 
 This table is a skeleton table, showing volume and page of the 
 reports, without the titles. The Reporter pages on which the re- 
 ports of cases begin are given in one column in their numerical or- 
 der, and directly opposite is given the official or state report cita- 
 tion. These tables are printed on white paper, and should be 
 
 6 ReferMice Book, p. 766. 
 
 178 
 
Ch. XI) USE OF THE REPORTERS § 7 
 
 pasted on the inside of the front cover of the bound volumes. An 
 illustration of the table will be found in the Reference Book, p. 789. 
 The use of the Reverse Front Table has been shown in Chapter 
 VI, but another illustration can do no harm. The brief maker 
 wishes to cite in his brief the case of Hefifington v. Jackson & Nor- 
 ton, 96 S. W. 108. He desires to give the official citation of the 
 case. He goes to volume 96 of the Southwestern Reporter, turns 
 to the Reverse Front Table pasted on the inside of the front cover, 
 and in the column headed "Reporter Page" finds the page number 
 of his citation, "108." Directly opposite, in the column headed 
 "State Report," he will find the oihcial citation "43 Tex. Civ. App. 
 560." « 
 
 § 6. The Reporter Indexes 
 
 The indexes to the various advance sheets and bound volumes 
 of the Reporters are digest-indexes; that is to say, they consist of 
 digest material and are compiled like a digest, and,- moreover, they 
 are on the Standard Classification. The same main titles are used 
 as headings, under which are distributed all the digest paragraphs 
 showing the points of law decided in the cases reported in their 
 respective volume, and a reference to the case in which the point 
 is decided is given at the end of each paragraph. Each index-digest 
 is cross-referenced in the same manner and according to the same 
 rules as the American Digest System. Thus, these indexes are 
 in reality miniature digests compiled on the Standard Classification, 
 and each covering the cases reported in the volume or advance 
 sheet in which it appears. 
 
 Furthermore, in the later volumes (those published since No- 
 vember, 1908), they are Key-Number Digests. The digest para- 
 graph covering each point in these digests is classified to the Key- 
 Number section of the Standard Key-Number Classification un- 
 der which such digest paragraph is later to appear in the Amer- 
 ican Digest. Therefore any point of law in a case reported in 
 one of these Reporter volumes, and so digested in the index-di- 
 gests of such volume, becomes the key by which all cases in point 
 can be reached in the American Digest System. The brief writer 
 needs only to note the Key-Number and follow the method of 
 exhausting the law described in Chapter X, to locate all the cases 
 on his question. Having the Key-Number already, he has no 
 need to refer to the Tables of Cases Digested which we have ex- 
 plained in Chapter X, § 6, in order to find such Key-Number. 
 
 § 7. Reporter Annotations 
 
 Though in some of the early volumes of the National Reporter 
 System a few cases were annotated, the practice was abandoned 
 
 « See table in the Reference Book, pp. 793 and 794. 
 
 179 
 
§ 7 HOW TO FIND THE LAW (Part II 
 
 in 1890, and it cannot properly be said that the reporters were an- 
 notated prior to 1902. However, in 1902, a regular system of an- 
 notations — that of annotating to the Century Digest — was adopted 
 and rapidly extended. At first these annotations were confined to 
 the important cases, and to the principal point in the case. Gradu- 
 ally, however, with the completion of the Century Digest, the an- 
 notation of cases was extended, until practically all cases were in- 
 cluded, though not all points. 
 
 But, with the adoption of the fixed section lines in the Decennial 
 Digest and American Digest Continuations, and the invention of 
 the Key-Number, it became possible to annotate exhaustively every 
 point in every case, with the result that in November, 1908, the 
 Key-Number system of annotation was put in operation, giving the 
 brief maker a quick and accurate reference to every case, past, pres- 
 ent, and future, involving the same principle as the annotated case. 
 The method of using these annotations is illustrated in the follow- 
 ing sections. 
 
 § 8. Same — Century Annotations 
 
 As explained above, the Century Digest annotations alone were 
 in use from May, 1902, up to November, 1908, when the invention 
 of the Key-Number made a better system possible. These early 
 Century annotations took the form of an editorial note appended to 
 the headnote of the case, or to a specific paragraph of the head- 
 note, indicating where cases in point could be found in the Century 
 Digest. An example of this form of annotation will be found in 
 the Reference Book, p. 113, where appears a report of the case of 
 Hefifington v. Jackson & Norton, 96 S. W. 108. It will be noticed 
 that paragraph 2 of the headnote involves the question as to what 
 constitutes necessaries for which an infant's contracts are valid. 
 Appended to this headnote,, inclosed in brackets, is an editorial 
 note, as follows: 
 
 [Ed. Note. — For cases in point, see vol. 27, 
 Cent. Dig. Infants, §§ 114, 118.] 
 
 This note obviously directs the brief maker to the specific topic 
 and sections in the Century Digest where similar cases will be 
 found. This can be verified by turning to vol. 27, Century Digest, 
 and topic Infants (Reference Book, p. 287), and examining §§ 114, 
 118, where will be found many cases involving the question at issue. 
 
 But this does not represent the limit of usefulness of the Century 
 Annotations, for, as explained in Chapter X, the Century reference 
 may be used as the means of ascertaining the corresponding Key-Num- 
 ber, and so of reaching cases subsequent to the Century Digest. 
 Turning to the topic Infants in the Pink Table (Vol. 21 Decennial; 
 see Reference Book, p. 402), and running down the _column of Cen- 
 tury section numbers, we find that the Key-Number § 50 corresponds 
 
 180 
 
Ch. XI) USB OF THE REPORTERS § 9 
 
 to and covers both the black letter lines for §§114 and 118 in the Cen- 
 tury. 
 
 This Key-Number leads us to all cases in point in the Decennial and 
 Key-Number Series. It may incidentally be remarked that, as our 
 case of Hefifington v. Jackson & Norton was decided in June, 1906, we 
 very naturally find it digested in the Decennial under section 50 (see 
 paragraph [q]).^ 
 
 § 9. Same — Key-Number Annotations 
 
 As already mentioned, with the invention of the Key-Number, a 
 complete and exhaustive system of annotation became possible, known 
 as the "Key-Number Annotation." As the syllabus paragraph is the 
 basis of the future digest paragraph, it is_possible, by simply marking 
 each syllabus paragraph with the topic and section under which it will 
 eventually appear in the American Digest System, to lead the brief 
 maker from that syllabus to the exact place in the Digest where other 
 cases on that same point will be found. This is the Key-Number An- 
 notation. As the section numbers in the Decennial Digest and the 
 American Digest, Key-Number Series, are identical, any annotation 
 which refers directly to the Decennial Digest topic and section in which 
 cases like the annotated case may be found is in effect a perpetual an- 
 notation — an annotation to all future cases, as well as all past cases. 
 
 Stated exactly, the first catchword for each syllabus paragraph in 
 the now numerous Key-Numbered volumes and in the current Ad- 
 vance Sheets of the Reporters invariably designates the topic, and the 
 parenthetic number following this catchword invariably indicates the 
 section of the topic, to which that and every similar point in future 
 cases will be classified under the Standard Classification; i. e., under 
 which it will be indexed in the Advance Sheets and bound volumes 
 of the Reporters, and will be digested in the American Digest System. 
 
 For example, let us take a paragraph from the headnotes to Gibbs 
 v. Poplar Bluff Light & Power Co., 125 S. W. 840, a case involving, 
 among other points, the question whether physicians' services are nec- 
 essaries for which an infant may be held liable. The fifth paragraph 
 of the headnotes is as follows :* 
 
 6. Infants (§ 50*)— Necessaries — Physi- 
 cians' Services. 
 
 Physicians' services are necessaries for 
 
 which an infant is liable. 
 [Ed. Note. — For other cases, see Infants, Cent. 
 
 Dig. § 117; Dec. Dig. § 50.*] 
 
 In the first place, it will be noticed that the Editorial Note calls at- 
 tention to the place in the Century Digest and Decennial Digest where 
 similar cases can be found, thus annotating to all past cases. 
 
 1 This section of the topic Infants in the Decennial will be found in the 
 Reference Boole, pp. 380 and 381. The corresponding Century sections also 
 appear in the Eeference Book, pp. 287 to 289. 
 
 « See Reference Book, pp. 99 and 100. 
 
 181 
 
§ 9 HOW TO FIND THE LAW (Part II 
 
 But the paragraph is also annotated to all future cases involving a 
 like question. The first catchword of the paragraph, "Infants," is the 
 title of that topic in which this paragraph will be digested. Following 
 that is the number of the particular section of the topic in which it will 
 appear, namely, § 50. Thus Infants, § 50, is the Key-Number and may 
 be used to exhaust all the case law in point, as already described. That 
 it is an annotation to the future as well as to the past has already 
 been stated. This particular case was decided in Texas on February 
 28, 1910, and was reported in the March 23 issue of the Southwest- 
 ern Advance Sheets. It was digested in Volume 8 of the Key-Num- 
 ber Series. Six volumes of that Series have been published since that 
 time, and Infants, § 50, appears in Volumes 9 and 12. Thus, the Key- 
 Number annotation to Gibbs v. Poplar Bluffs Light & Power Co. re- 
 fers to later as well as to earlier cases on the same point. The effect 
 of this is that the annotation, being perpetual, grows instead of de- 
 creases in value as time goes on and as the rule of law involved is ap- 
 plied to new and varied states of fact. 
 
 A detailed illustration of how to use the Key-Number Annotation 
 under varying circumstances may now be given. 
 
 (a) Use in Connection with Digests 
 
 Let us assume that, while investigating some other question, the 
 brief maker has stumbled on the case of McConnell v. McConnell, 74 
 Atl. 875, which involves a question as to the liability of an infant on 
 his contract for necessaries. He is interested in a case involving this 
 question, though not at the time engaged in briefing it. However, he 
 makes a note of the case for future reference. 
 
 When the time comes for him to take up the search for authorities 
 in the case relating to infants' contracts he finds in his commonplace 
 book the reference to McConnell v. McConnell, 74 Atl. 875, and turns 
 to that volume of the Reporter (Reference Book, p. 105) to read the 
 case. It is not quite what he wants. His specific question is whether 
 a physician's services are necessaries for which the infant will be liable. 
 
 Nevertheless, by virtue of the Key-Number Annotation attached to 
 the headnotes of the McConnell Case he can easily go to the proper 
 place in the digests where the specific authorities may be found. The 
 first catchword of the headnote, "Infants," tells him the topic. The 
 Key-Number section inclosed in parenthesis (§ 50) tells him the sec- 
 tion in which cases involving the liability of an infant for necessaries 
 will be found in the Decennial Digest and in all subsequent American 
 Digest Continuations. 
 
 Turning to section 50 of the topic Infants in vol. 10 Decennial Di- 
 gest (Reference Book, p. 380), he finds there numerous cases involving 
 the question of an infant's liability for other things as necessaries, but 
 none "on, all fours" with his case — i. e., none as to physician's serv- 
 ices. He finds under the black letter line, however, a reference to 27 
 Century Digest, to the topic Infants, and to sections 114, 115, 117-127. 
 
 182 
 
Ch. XI) USE OF THE REP0RTBR3 § 9 
 
 Examining the Century Digest, and the topic and sections indicated 
 (Reference Book, p. 286), he discovers that section 117 covers four 
 cases passing on his particular question — none of them, however, of a 
 date later than 1892. 
 
 In order to get the later cases — those subsequent to the Decennial 
 period — he must search in the Key-Number Series. This, of course, 
 he does by means of his Key-Number — "Infants, § 50." The latest 
 issue of the Cumulative Table of Key-Number Sections " shows that 
 section 50 appears in Key-Number Volumes 1, 3, 7, 8, 9, and 12, and 
 the fact that it does not appear in the other seven volumes indicates 
 that during the periods which they severally cover, no cases were de- 
 cided involving an infant's liability for necessaries. 
 
 In Volume 1 (see Reference Book, p. 444), the only case under In- 
 fantS; § 50, deals with whether a contract for a course in stenography 
 is a contract for necessaries. In Volume 3 ^^ there are four para- 
 graphs under § 50, and they come from two cases only, and the con- 
 tracts were not for physician's services. The same is true of the single 
 case under § 50 in Volume 7. 
 
 In Volume 8, we find the original case from which we started, name- 
 ly, McConnell v. McConnell, and also Gibbs v. Poplar Blufifs Light & 
 Power Co., from 125 Southwestern. The latter is directly in point, 
 since it involves the liability of an infant for physician's services. In 
 the case of Harris v. Crawley, in volume 9, we find an infant held 
 liable for medicine. In Volume 12, there are two cases, in the second 
 of which the alleged necessaries were attorney's services, whereas the 
 first deals with the question of the price of articles contracted for, 
 and does not go into that of what constitutes a necessity. 
 
 This completes the investigation in the Key-Number Series. To 
 bring it nearer to date, search should be made in the three issues of 
 the Monthly Digest subsequent to the close of Volume 14, Key-Num- 
 ber Series. However, we find that Infants, § 50, does not appear in 
 any of these issues, thus indicating that they contain no cases in 
 point. ^^ 
 
 We have now, by pursuing the steps pointed out in the foregoing 
 paragraphs, exhausted the cases on the point in issue so far as the 
 digests are concerned. ^^ 
 
 (b) Same — When Only State Report Citation is Known 
 
 As a corollary to the foregoing description of the method of 
 using the Century and Key-Number Annotations, and the explana- 
 tion of the Blue Books contained in an earlier section of this chap- 
 ter, attention is called to the fact that, even if the state report cita- 
 
 9 Reference Book, p. 429. 
 
 10 Reference Book, pp. 433 through 634, contain the tonics Infants and Inn- 
 keepers from Volumes 1 through 14 of the Key-Number System. 
 
 11 Reference Book, pp. eSo to 648. 
 
 12 But see Section 11, below. 
 
 183 
 
§ 9 HOW TO FIND THE LAW (Part II 
 
 tion of the case is the only one known to the brief maker, he can, 
 nevertheless, avail himself of these annotations, if he has at hand 
 the Reporter containing the case and the Blue Books. 
 
 For example, suppose the brief maker, interested as above in a 
 case involving the validity of an infant's contracts for necessaries, 
 has discovered, in any manner, the case of Heffington v. Jackson & 
 Norton, 43 Tex. Civ. App. 560. It is a case in point, but the brief 
 maker desires to find cases from some other other jurisdiction, and, 
 if possible, some later Texas cases on the question at issue. Clear- 
 ly, as the case was decided in 1906, he can avail himself of the 
 Century Annotation, if he can locate it in the Reporter System. 
 
 He proceeds, therefore, to consult the Southwestern Reporter 
 Blue Book (Reference Book, p. 766) by the method already ex- 
 plained. He finds that the Heffington Case is reported in 96 S. W. 
 108. Going to the Reporter volume, he discovers that the case as 
 reported in that volume is annotated to the Century Digest, and by 
 following the methods already discussed the Century reference is 
 made the means of obtaining the Key-Number also. 
 
 Even simpler is the situation with a case decided since Novem- 
 ber, 1908, as it will be found to be Key-Numbered in the Reporter." 
 
 (c) Use in Connection with Other Volumes of the Reporters 
 
 The use of the Key-Number Annotation is not limited to use 
 in connection with the American Digest System. It constitutes 
 also a complete annotation to all volumes of the National Reporter 
 System subsequent to November, 1908 — the date when this sys- 
 tem of annotation was begun. As stated already, the Key-Number 
 applies, not only to the American Digest System, but also to all 
 Reporter volume indexes and Advance Sheet indexes and to some of 
 the Reporter Digests. Consequently, even if the digest is not available 
 to the brief maker, he can at least trace the authoritiea since Novem- 
 ber, 1908, if he has a recent case in point. 
 
 To illustrate: Let us assume that the brief maker is interested 
 in the same question of an infant's liability for necessaries and has 
 identified the case of McConnell v. McConnell as involving his spe- 
 cific point. 
 
 Turning to this case in 74 Atl. 875 (Reference Book, p. 103), 
 he finds that the Key-Number covering his point is Infants, § 50. 
 Therefore, if he wishes to examine other volumes of the reports for 
 similar cases, it is merely necessary for him to go to the index in 
 each reporter volume published since November, 1908. Remem- 
 bering that each such index is a miniature Key-Number Digest of 
 
 IS This procedure is necessary only if, as may happen, an investigator who 
 has the Reporter does not have the Decennial Digest. Of course, if the De- 
 cennial is available, there is no necessity of going to the Reporter to identify 
 the Key-Number. Decennial Table of Cases offers an easy and simple way of 
 finding the Key-Number under such circumstances. See Chapter X, § 6, above. 
 
 184 
 
Ch. XI) USB OF THE REPORTERS § 10 
 
 the contents of the volume, he simply looks therein for Infants, § SO. 
 Thus, when he turns to Volume 125 Southwestern, he finds that 
 this section appears in the index (see Reference Book, p. 82), and 
 under it an index paragraph, appended to which is a citation to 
 the case of Gibbs v. Poplar Bluffs Light & Power Co., reported on 
 page 840. 
 
 A similar examination of the index in other Key-Numbered vol- 
 umes of the reporter will bring to light the same cases we located 
 by referring to Volumes 7, 8, 9, and 12, of the Key-Number Series 
 (covering those published since November 1908), in a preceding il- 
 lustration :^* 
 
 Gibbs V. Poplar Bluffs Co., 125 S. W. 840; 
 
 McConnell v. McConnell, 74 Atl. 875 ; 
 
 Harris v. Crawley, 126 N. W. 421, 17 Detroit Legal 
 
 News, 303; 
 Appeal of Ennis, 80 Atl. 772 ; 
 Sutton v. Heinzle, 115 Pac. 560. 
 
 Of course, this particular Key-Number does not appear in the 
 indexes to the other Key-Numbered volumes of the Reporters, for 
 the simple reason that such volumes contain no cases to be digested 
 or indexed under it.^^ 
 
 § 10. Early Reporter Cases Which are Not Annotated Either by 
 Key-Number or Century Reference 
 
 In the preliminary descriptions of the system of annotating the 
 Reporters, it was remarked that between May, 1902, and November, 
 1908, the annotation by Century reference was inaugurated and 
 soon extended until it finally applied to all points of all cases. It 
 follows that there is a corollary of this statement that a diminish- 
 ing number of cases or points were not so annotated.^" It was 
 also remarked that between 1890 and 1902 there was no system of 
 annotation whatever, and that prior to 1890 only spasmodic at- 
 tempts were made to annotate the Reporters. 
 
 Where a case is not annotated, either by the Key-Number or by 
 the Century reference, it is nevertheless possible to carry the search 
 
 14 Except International Text Book Co. v. Alberton, 30 Ohio Olr. Ct. R. 352, 
 which was decided in the Ohio Circuit Conrt, not in the Ohio Supreme Court, 
 and therefore is not covered by the Northeastern Reporter. 
 
 15 The use of the Key-Number will prove of assistance even where the reader 
 has access to a single Reporter only. Suppose he has only the Southeastern 
 Reporter and the Southeastern Digest. If he has the Key-Number for his 
 proposition, he should first look for cases under it in Vol. 4 of the Southeast- 
 ern Digest. The search should then be carried back into Vols. 1, 2, and 3 of 
 the Digest, by topic, division, and subdivision. For cases since Vol. 4 of the 
 Southeastern Digest reference is made to the Key-Number in the index-digests 
 in Vols. 71 et seq. of the Southeastern Reporter Itself. 
 
 16 The Key-Number Annotations, inaugurated in 1908, annotate, of course, 
 all points of every case. 
 
 185 
 
§ 10 HOW TO FIND THE LAW (Part II 
 
 for authorities into the digest by finding- the proper Key-Number 
 through the Tables of Cases Digested. The method of doing this 
 has already been explained in Chapter X, § 6, but a specific illustra- 
 tion may be given here. 
 
 Illustration. Suppose the brief maker is interested in the question 
 of what constitutes necessaries of an infant, and on a contract for 
 which he is liable. Suppose, also, that he has a reference to the 
 case of Kilgore v. Rich, 83 Me. 305, 22 Atl. 176. By examining the 
 report of the case, he identifies the particular point in which he is 
 interested. He further learns that the case was decided in 1891, 
 and will therefore be found digested in the Century. Turning to 
 the Decennial Table of Cases (Volume 23 Decennial; Reference 
 Book, p. 417), he locates his case on page 1311. The citation is fol- 
 lowed by a reference to "27 C. Infants §§115 and 123." Examining 
 the black letter lines for these sections in the Century, he finds 
 that the one covering his point is section 115, To complete his 
 search by means of the Key-Number, he has only to refer to the 
 Pink Table in Volume 21 Decennial, and, finding the Key-Number, 
 to follow it through the Decennial and the Key-Number Series. 
 
 Where a case is reported during the period between the close 
 of the Decennial and November, 1908, the Key-Number must be 
 located by means of the Tables of Cases Digested in Volumes 1 
 to 4, respectively, of the Key-Number Series. 
 
 The method here set forth of obtaining the Key-Number for a 
 case not annotated in the Reporter System may be applied with 
 equal success to any case in the state or federal reports. For in- 
 stance, if we desire to find authorities on an early case, such as 
 that of Hoe v. Tuthill, an early federal case reported in Fed. Cas. 
 No. 6,573, we have only to turn to the Decennial Table of Cases, ^^ 
 where we find a reference to "38 Century Digest, Patents 370." 
 
 § 11. Usfe of Reporter Indexes to Supplement Digests 
 
 It has already been explained how, when the proper Key-Num- 
 ber has been found, its use, supplemented by that of the Century 
 reference, enables the searcher to locate all cases in point in the 
 Century, Decennial, and Key-Number Series, and the Monthly Di- 
 gest. But this is not quite all, for the search may be brought even 
 nearer to date. After the authorities in the Digests have been 
 exhausted down through the latest issue of the Monthly Digest, 
 there still remains a period of about two months during which cases 
 may have been decided involving the point at issue. 
 
 Since there are always a few volumes and advance sheet numbers 
 covering the period since the latest issue of the Monthly Digest, 
 and since the index-digests of both bound volumes and advance 
 
 17 Reference Book, p. 416. 
 
 186 
 
Oh. XI) USB OF THE REPORTERS § 12 
 
 sheets are digests compiled on the Key-Number plan, the search 
 may be brought down through the very latest issues of the Advance 
 Sheets. The same method applies here. The process simply in- 
 volves looking for the particular Key-Number already fixed upon.^' 
 
 § 12. Use of Key-Numbers in Text-Books 
 
 One more application of the Key-Number System may be men- 
 tioned here, though it will not be discussed until later. 
 
 The Key-Number Annotations are inserted in a small, but in- 
 creasing, number of text-books. The Key-Number section is cited 
 along with specific cases which appear in the notes, and enables the 
 reader of such text-books to supplement the regular text-book an- 
 notation by cases decided since the text-book in question was pub- 
 lished. 
 
 18 At the date of writing of this chapter, no cases on the question of what 
 constitutes necessaries for an infant have been decided since that covered in 
 Vol. 12, Key-Number Series. Accordingly the foregoing illustration cannot be 
 carried through this section of the chapter. 
 
 187 
 
§ 1 HOW TO FIND THE LAW (Part II 
 
 CHAPTER XII 
 HOW TO FIND THE LAW— USE OF TEXT-BOOKS 
 
 § 1. Introduction. 
 
 2. Use of Text-Books in General. 
 
 3. Selection of a Text. 
 
 4. Mechanical Features of Text-Booka. 
 
 5. Use of Analysis. 
 
 (a) Illustrations. 
 
 6. Use of the Index. 
 
 (a) Illustrations. 
 
 7. Use of Table of Cases Cited. 
 
 (a) Illustrations. 
 
 (b) Use of Table to Supplement Search for Authorities. 
 
 8. Supplementary Text-Books. 
 
 9. Same — By Means of American Digest System. 
 
 10. Same — Use of Century and Key-Number Annotations in the Reporters. 
 
 (a) Illustration — Century Annotations. 
 
 (b) Same — Key-Number Annotations in Reporters. 
 
 § 1. Introduction 
 
 At the very beginning of this second division of the book it was re- 
 marked that it is not the purpose of these chapters on "How to Find 
 the Law" to lay down any hard and fast rules of procedure, or to in- 
 sist that this or that method should be pursued to the exclusion of any 
 other. Attention was called to the fact that some practitioners, in 
 searching for authorities, depend largely on text-books, others on the 
 encyclopsedias, while those of a third class turn usually to the digests. 
 It has already been observed that generally text-books and encyclo- 
 paedias are better adapted to the study of principles than are digests, 
 and that conversely a digest serves the purpose of an index to prec- 
 edents better than a text-book or encyclopaedia. 
 
 Though text-books or encyclopaedias are not so well adapted to use 
 as indexes to cases as is a digest, nevertheless they are not infrequently 
 used for that purpose, although they require to be supplemented by the 
 digest in order to locate the recent cases, and to ascertain the facts of 
 the cases cited in the notes. This chapter and the one following it, 
 therefore, cover both the independent use of text-books and their use 
 in connection with the digests. 
 
 The work of running down the law, whether the search is for prin- 
 ciples or authorities, is by no means easy. Attention has already been 
 called to the necessity of system — of adopting at the outset a plan of 
 search and of following it methodically. But it is not only in the gen- 
 eral plan that method must be observed. Each step should be taken 
 with a strict adherence to the general system or method. The absolute 
 necessity of formulating a statement of facts before beginning any 
 search may be emphasized again, for on it must be based a preliminary 
 
 188 
 
Oh. XII) USE OP TEXT-BOOKS § 3 
 
 hypothesis or theory of the case, which will give definite direction to 
 the search for precedents or discussions of principles. But it is just 
 as necessary that before the brief maker begins to search a particular 
 book — to use a particular tool, — he should study that tool for the pur- 
 pose of discovering the method of its use, its purpose, and its limita- 
 tions. In other words, if he intends to use a text-book as the starting 
 point in his search for principles or precedents, he should use it me- 
 thodically. He should make himself acquainted with the book — its 
 plan and its purpose — before attempting to find in it the precise point 
 upon which information is desired. A mere haphazard search for 
 some statement in the text that will cover the point will result in loss 
 of time, and in all probability in failure. 
 
 § 2. Use of Text-Books in General 
 
 In discussing the use of digests, we made a distinction between an 
 original search, where one has yet to locate a first case, and a search 
 based upon a case discovered or known before resort is had to the di- 
 gest. As will shortly appear, the same distinction may be made as re- 
 gards the use of text-books. 
 
 § 3. Selection of a Text 
 
 The first question which presents itself is the selection of an appro- 
 priate text — one which will cover the principle of law involved in the 
 client's case. This offers little difficulty. In a digest or encyclopaedia 
 the whole law must be covered and duplication must be avoided. But 
 a text-book is limited to one — usually very broad and general — branch 
 of the law, and at the same time covers matter which in a digest or en^ 
 cyclopaedia would fall under many specific rather than general topics. 
 Thus, a work on Contracts must cover at least briefly the capacity of 
 various classes of persons to contract — as Infants, Corporations, In- 
 sane Persoits — and it must set forth certain equitable rules which apply 
 to Contracts. This means that the scope of a text-book must be much 
 broader than that of the Digest topic or encyclopedia article which 
 corresponds to it in title. It means, also, that text-books on different 
 subjects overlap very considerably, with the result that, as the lawyer 
 has usually gained his legal education from text-books (or casebooks 
 corresponding thereto), he usually has little difficulty in selecting a 
 text-book which will cover his case. Indeed, he may find two or three 
 on different subjects. For instance, suppose that we are concerned 
 with the liability of an infant on his promissory note. This is an im- 
 portant phase of the law of Contracts and will at least be referred to 
 in any work on Contracts. It also comes within the scope of books on 
 Persons and Domestic Relations, wherein the law relating to Infants 
 is dealt with, and again a book on Negotiable Instruments will take up 
 the capacity of an Infant to bind himself by a contract of this specific 
 kind. 
 
 189 
 
§ 3 HOW TO FIND THE LAW (Part II 
 
 Under these circumstances, the selection of the text-book to be used 
 is the easiest part of the problem. It is the use of the books chosen 
 with which we must concern ourselves in the following explanation. 
 
 § 4. Mechanical Features of Text-Bo 3ks 
 
 Text-books are very numerous, and they, like other classes of 
 books, vary greatly, not only in the quality of the text itself, but 
 in the excellence of their mechanical features. Among the me- 
 chanical features of text-books which are common to most, if not 
 all, books of this class, and which may be utilized to advantage in 
 a search for precedents are: (1) The Table of Contents, or Anal- 
 ysis; (2) the Index; (3) the Table of Cases Cited. 
 
 The first two are appropriate for use in an original search, 
 whereas the last may be used to advantage where the brief writer 
 already has one or more cases in point. 
 
 § 5. Use of Analysis 
 
 The Table of Contents of a text-book presents the general out- 
 line of the subject, showing the manner in which the author has 
 divided or analyzed it, as indicated by the chapter headings and 
 section headings. Roughly speaking, it corresponds to the analysis 
 in a digest, for it is the author's scheme of arrangement of his 
 matter. 
 
 Generally speaking, the brief maker should, as a preliminary step 
 in his use of a text-book, examine carefully the table of contents, 
 for the purpose of determining, from the analysis of the contents 
 there presented, under what heads or divisions the author has 
 probably discussed the particular principle under investigation. 
 If the subject is one with which the lawyer is reasonably familiar, 
 he will probably have in mind a general analysis of the subject. 
 But the author's analysis may not correspond to that with which 
 the lawyer is familiar. Therefor^, by a careful study of the table 
 of contents of the text-book, he should seek to learn the general 
 theory on which the author has treated the subject, and, correlat- 
 ing the author's analysis with his own knowledge of the law, gov- 
 ern his search accordingly. 
 
 (a) Illustrations 
 
 In using the analysis — i. e.. Table of Contents — of a text-book 
 the same method is followed as in using the analysis of a digest or 
 encyclopaedia topic, when such topic has been fixed on as the one 
 most likely to cover the point under investigation. 
 
 (1) Let us assume that the brief writer is interested in a case 
 involving the liability of the owner of a dog to a person who has 
 been bitten by the animal. Recognizing that such a case is gov- 
 erned by some principle of the law of torts, he turns to Cooley on 
 Torts (Third Edition), and examines the analysis or table of con- 
 
 190 
 
Oh. XII) USE OF TEXT-BOOKS § 6 
 
 tents. He soon finds the chapter heading (Chapter XI) "Injuries 
 by Animals," the analysis of which shows him that injuries by 
 vicious animals is discussed in this chapter, beginning on page 690. 
 Turning to the chapter and page indicated, there is found a dis- 
 cussion of the subject of injuries by vicious animals, covering about 
 fourteen pages, a part of the discussion relating to injuries to the 
 person. 
 
 (2) A concrete illustration which the reader may follow out by 
 using the proper divisions of the Reference Book may well be giv- 
 en : Let us assume that the brief maker is interested in a case in- 
 volving the question whether board is one of those necessaries for 
 which an infant would be liable on his contract. For the purpose 
 of reviewing the principles that probably underlie such a case, and 
 of discovering some precedent, if possible, the brief maker resorts 
 to Tiffany on Persons and Domestic Relations (Second Edition). 
 (Reference Book, pp. 131-152.) It is evident from the title that the 
 book covers rather a wide range. Examining the Table of Con- 
 tents or Analysis of the subject, he finds that it is divided into sev- 
 eral parts. Part I treating of Husband and Wife, Part II of Parent 
 and Child, Part III of Guardian and Ward, and Part IV of Infants, 
 Insane Persons, and Aliens. The first chapter under Part IV 
 (chapter XIV) is, however, confined to Infants. Examining the 
 analysis under that chapter, he finds that the liability of an infant 
 for necessaries is discussed in §§ 200-203, pp. 393-400. Turning 
 to page 393, he finds there a statement of the general principles of 
 the law, followed by a discussion of these principles. Reading the 
 text, he finds on page 395 the statement that, in the application of 
 the general principles previously set forth, an infant has been held 
 liable for various specific things as necessaries, including among 
 them board, as well as lodging and clothing. Following this state- 
 ment is a further discussion of the general principles of law apply- 
 ing to contracts for necessaries. 
 
 § 6. Use of the Index 
 
 If the brief maker is in the habit of tracing precedents from the 
 standpoint of the facts, he will usually go directly to the index of 
 the text-book for the purpose of finding where the law relating to 
 the principal subject-matter of his problem is discussed. The use 
 of the index in a text is analogous to the use of the Descriptive- 
 Word Index. The search is based primarily upon the facts of the 
 client's case. In deciding what words to look under in the index,. 
 it is well to choose words which are more or less general. If the 
 index is properly compiled and reasonably full, it will often offer 
 an easier means of approach than the Analysis, as being more 
 likely to lead the brief maker to the specific page or section in the 
 book where he will find a statement of the law and its application. 
 
 191 
 
§ 6 HOW TO FIND THE LAW (Part II 
 
 Even one who traces precedents by the principle will usually be 
 able advantageously to supplement his examination of the analysis 
 by freely consulting the index. 
 
 It is always well to examine the analysis after locating the de- 
 sired discussion by means of the index, for the purpose of learning 
 its relation to the whole scheme of the volume. 
 
 (a) Illustrations 
 
 (1) In the first hypothetical case mentioned in section 3 above, 
 the brief maker might well have gone to the index in Cooley on 
 Torts. Under the index word "Animals" he would have found an 
 index line to the effect that the subject of injuries by vicious an- 
 imals is discussed on pages 690 to 705. So, too, the word "Dogs" 
 would have furnished a similar reference. Had the question been 
 more specific, as involving the question whether the wife was lia- 
 ble for injuries committed by the husband's dog kept on her prem- 
 ises, the index words "Dogs" and "Married Women" would have 
 furnished references to the place where this specific question is 
 discussed. 
 
 (2) We may also take a concrete illustration, based on Tiffan}^ 
 on Persons and Domestic Relations, which the reader may follow 
 in the Reference Book. Assuming again, that the brief maker is « 
 interested in the question whether board comes within the cate- 
 gory of necessaries upon a contract for which an infant is liable, he 
 may go to the index of the text-book named and look for the index 
 word "Necessaries" ; that being the subject-matter of the contro- 
 versy. Under the index word he finds the index line, "Liabilit}^ 
 of infants, 393." Turning to the page indicated, he finds there the 
 beginning of the discussion of the general rules as to the liability 
 of an infant on contracts for necessaries. So, too, he might use 
 the index word "Infants," under which he will find the index line, 
 "Contracts for necessaries, 393." 
 
 In general it is well to examine index or analysis quite exhaust- 
 ively, as cross-references are comparatively rare in text-books (the 
 index serving much the same purpose), and different phases of the 
 subject may be covered in widely separated parts of the text. 
 
 § 7. Use of Table of Cases Cited 
 
 In every good text-book there is a Table of Cases Cited by the au- 
 thor. This table gives the title of the case, and indicates the page 
 or pages on which the case has been cited in support of some state- 
 ment in the text. In some tables it also gives the volume and page 
 of the reports in which the case is found. Though this is a great 
 convenience, it is not absolutely necessary to the satisfactory use of the 
 table. This table affords the brief maker a shorter and simpler 
 way of tracing a principle in a text-book, if he has already in mind 
 a leading case involving the proposition in which he is interested. 
 
 192 
 
Ch. XII) USB OF TEXT-BOOKS § 7 
 
 This additional method is especially valuable when the index and 
 table of contents are imperfect. If, as said before, the brief maker 
 has in mind some leading case on the question at issue, he may, 
 by reference to this Table of Cases Cited, find the place in the text- 
 book where such leading case is cited and discussed, thus opening 
 up the whole discussion, together with other cases involving the 
 same proposition. 
 
 (a) Illustrations 
 
 (1) For example, the brief maker may know that the case of 
 Woolf V. Chalker, 31 Conn. 121, 81 Am. Dec. 175, is a leading case 
 as to the liability of the owner of a vicious dog to a person injured 
 thereby. Examining the table of cases in Cooley on Torts, he finds 
 that the case is cited on pages 695, 703, 706, and 845, and on re- 
 ferring to those pages he is led to a full discussion of the subject 
 and to a number of additional cases. 
 
 (2) To use another illustration, suppose the brief maker knows 
 that a leading case on the liability of infants on their contracts for 
 necessaries is Tupper v. Cadwell, 12 Mete. (Mass.) 559, 46 Am. 
 Dec. 704. He turns to the table of cases cited in Tiffany on Per- 
 sons and Domestic Relations, and in its proper place in that table 
 he finds the citation Tupper v. Cadwell, and immediately following 
 it the page numbers, 397, 398. Referring to those pages in the 
 text-book, he finds that they fall within the section dealing with 
 the liability of an infant for necessaries, and is thus led to a discus- 
 sion of the subject, and to numerous other cases involving that 
 question. 
 
 (b) Use of Table to Supplement Search for Authorities 
 
 The use of the Table of Cases in the manner pointed out is also a 
 valuable method of supplementing a search for authorities, how- 
 ever such search may have been pursued in the first instance. The 
 use of the table for this purpose will be referred to again in a sub- 
 sequent chapter. 
 
 Meantime, a word of caution must be added. There are few text- 
 books in which the citations are complete even to the date of pub- 
 lication, and often (particularly in the class known as students' 
 texts) only leading or illustrative cases are cited. Therefore, if, in 
 supplementing a general search made elsewhere, the brief maker 
 refers to a text-book for a general discussion of the question under 
 consideration, he will not infrequently find that the first case on his 
 list of precedents will not appear in the Table of Cases Cited. Un- 
 der such circumstances, he should try his next case and so proceed 
 until he has located what he is after or has exhausted his cases. 
 
 Indeed, his precedents may be sufficiently diverse in character, 
 so that several may be cited in different parts of the text, and ac- 
 Bbief Mak.(3d Ed.)— 13 193 
 
§ 8 HOW TO FIND THE LAW (Part II 
 
 cordingly it is well to look up all that are directly in point with 
 the facts of his client's case. 
 
 § 8. Supplementing Text-Books 
 
 Though text-books may be used as indexes to the case law, their 
 use for this purpose is attended by two disadvantages. In the first 
 place, as already explained, very few text-books make any attempt 
 to cite all, or even a large part, of the cases that have been decided 
 involving the point in question, up to the date of publication of 
 the book, and therefore in most instances the brief maker finds that 
 none of the cases cited are in his jurisdiction. In the second place, 
 if even a year or more has elapsed since the author completed his 
 work, there exists a probability that new cases on the subject have 
 been decided. See Chapter X, § 1. When a text-book has become 
 three or four years old, this peculiarity becomes a very serious 
 drawback to its use as an index to precedents. Naturally the brief 
 maker desires to secure, if possible, cases in his own jurisdiction 
 and also the latest decisions on the point in issue. To do this he 
 must have some way of supplementing his text-book — of bringing 
 it down to date. This he may do through the American Digest 
 System, if he can locate in the digest one of the cases cited in the 
 text-book. The methods to be pursued, though following one gen- 
 eral plan, will vary according to the digest at his command. These 
 various methods are illustrated in the following sections. 
 
 § 9. Same — By Means of the American Digest System 
 
 It has already been seen in Chapters X and XI above how one 
 case in point may be made the key to all other cases in point from 
 the beginning down to date of the search, because it may be made 
 the means of identifying the Key-Number of the black letter line 
 in the Standard Classification under which such case will be found. 
 When the investigator finds in his text-book the statement of 
 law which applies to his client's case, he will usually find in a 
 footnote citations to one or more cases which support that state- 
 ment. This gives him a "first case." He has only to look in the 
 proper table of cases, in order to find the Key-Number for his prop- 
 osition, or the Century section number which may afterwards be 
 translated into such Key-Number by means of the "Pink Table" 
 of parallel Century and Key-Number sections. 
 
 It may happen that the text writer's statement is far broader and 
 more general than the Key-Numbered black letter line which will 
 cover the searcher's case. This will often be true when the text- 
 book used is brief, and particularly in such text-books as are com- 
 piled primarily for teaching purposes. The authors of these works 
 usually cite cases which will illustrate the statements made, in 
 
 194 
 
Oh. XII) USE OP TEXT-BOOKS § 9 
 
 a picturesque and striking manner, so as to be easily remembered. 
 When the principle stated is broad and general/ it will frequently 
 happen that the cases cited are not closely enough in point with 
 that on which authorities are sought, to serve the brief writer's pur- 
 pose. However well they illustrate, the main principle, they must 
 be in point as to the facts, if they are to be cited in a brief. Ac- 
 cordingly, if one of the text-writer's citations is used as a means 
 of locating additional and particularly later cases by finding the 
 Key-Number, it is important to take one or both of the following 
 precautions: 
 
 After looking up the known (i. e., cited) case in the Table of 
 Cases and so finding the Key-Number, not only the black letter 
 line for that Key-Number, but all the analysis lines of the division 
 or subdivision within which it falls, should be carefully examined, 
 and also the cross-references under them. It may well be that in 
 this way a Key-Number more closely corresponding to the search- 
 er's own case will be found. 
 
 It is also well to learn the facts of the "first case — that cited 
 in the text-book — before exhausting the authorities by means of the 
 digest, and so ascertain how closely it is in point. For it must never 
 be forgotten that it is the facts as well as declarations of the law in a 
 case which will make it a precedent that can be cited in a brief. 
 
 A few brief illustrations of supplementing a text-book by means 
 of the Key-Number may be given. 
 
 Illustrations 
 
 (1) Let us suppose that the point under consideration is the 
 liability of a bank which has paid out money on a forged check. 
 For the purpose of getting at the general principles in such a 
 case we consult Daniel on Negotiable Instruments (Sth Ed.) pub- 
 lished in 1903. In section 1655 we find this statement: "As a gen- 
 eral rule if a bank pays out money on a forged check, it cannot re- 
 cover back the amount from the party to whom it was paid ; but 
 where the bank discovers the forgery immediately and demands 
 restitution, offering to return the check before the holder has lost 
 anything by regarding the matter as all right, we cannot but help 
 thinking that it should be entitled to recover back the amount." 
 Among other cases the author cites First National Bank of Mar- 
 shalltown v. Marshalltown State Bank, 77 N. W. 1045. As the 
 text-book was published in 1903, we wish to discover if there are 
 any later cases covering this same proposition. 
 
 1 For instance, a text-book statement may correspond to the analysis line 
 for a subdivision or even a division of a topic in the Standard Classification, 
 instead of a black letter line, whereas a case properly cited to support it might 
 fall under the first section in that subdivision, and the client's case might fall 
 in the last. 
 
 195 
 
§ 9 HOW TO FIND THE LAW (Part II 
 
 This case falls within the Decennial period.^ Turning to the De- 
 cennial Table, we find that one of the points decided is digested in 
 the Decennial, topic Banks and Banking, § 147 [1] ; and another in § 
 147 [2] of the same topic. Therefore, the black letter line for Banks 
 and Banking, § 147, reads "Payment of Forged or Altered Paper," 
 and subsection line [1] under it is "Right of bank to recover back 
 money paid" ; subsection [2] , "Right of bank paying paper to bona 
 fide holder " These facts and the character of the digest paragraphs 
 covering our main case show clearly that Banks and Banking, § 147, 
 is the desired Key-Number. By means of it we may exhaust the cases 
 on the specific point involved in the case on which we desire authori- 
 ties. 
 
 But the Decennial Table gives a third reference which should 
 be investigated — i. e., to Bills and Notes, § 377. This proves to be 
 a 2-em dash line, reading "Forgery," the preceding full line of 
 which it is a subdivision being "Defenses as against bona fide pur- 
 chasers." This black letter line is therefore inappropriate to the 
 specific point under consideration, as this is a question of recovering 
 money paid, not of defenses to an action brought against the bank 
 on a forged check. 
 
 The importance of looking up each reference in the table which 
 appears likely to bring results is nevertheless illustrated by the 
 related character of these two black letter lines. 
 
 (2) Suppose once more that the brief maker is interested in the 
 question as to the liability of an infant for necessaries, and has been led 
 through the analysis, index, or Table of Cases as outlined in the forego- 
 ing paragraphs to a discussion of the subject in Tiffany on Persons and 
 Domestic Relations (2d Ed.). He finds on page 397 a statement to the 
 effect that the term "necessaries" includes only such- things as concern 
 the person of the infant and not his estate. On page 398 it is said that 
 an infant cannot be bound by contract for repairs made on his real 
 estate, though necessary to prevent immediate injury. There is a refer- 
 ence in the footnote to the case of Tupper v. Cadwell, 12 Mete. 
 (Mass.) 559, 6 Am. Dec. 704, and three other cases. The text- 
 book he is using is not an exhaustive work, and he will naturally 
 assume that there are probably a number of other cases illustrat- 
 ing this principle, which are not cited in the text-book. Moreover, 
 the text-book was published in 1909, and he is anxious to discover 
 whether there are an}^ later cases involving the point. It is evident 
 that, if he can find where the case of Tupper v. Cadwell is digested, he 
 will be led to all other cases on the subject. 
 
 Familiafity with the Massachusetts reports and their chi-onology 
 tells him that this case is digested in the Century Digest. The 
 
 2 This Illustration can be followed by use of the Reference Book. 
 
 196 
 
Ch. XII) USE OF TEXT-BOOKS § 9 
 
 -Decennial Table of Cases indicates that the case of Tupper v. Cad- 
 well is digested in 27 Century Digest, topic Infants, § 122.^ The Cen- 
 tury black letter line for this section proves to be "Improvements 
 and repairs on realty," and the subdivision within which it falls is 
 "Contracts for Necessaries," from which it apf)ears that the appro- 
 priate section has been located. Under § 122 in the Century, 
 seven digest paragraphs are found. 
 
 From the "Pink Table" in 21 Decennial it is ascertained that 
 Key-Number Infants, § 50, covers the same phase of the law as § 122 
 in the Century. The black letter line for this Key-Number sec- 
 tion is "Necessaries," and coming with the same main division [IV, 
 Contracts] is seen to correspond with subdivision C in the Cen- 
 tury. 
 
 Having ascertained the Key-Number, the brief maker pursues 
 his search through the Decennial, the Key-Number Series, Month- 
 ly Digest, and Reporter indexes, and so brings it down to date, ac- 
 cording to the Key-Number method of search heretofore illustrated 
 in Chapter X.* 
 
 Illustration 
 
 (3) Let us assume that the problem under consideration is the 
 same as in the preceding illustration — infant's necessaries. 
 
 If the case cited by the text-writer and selected by us for the 
 purpose of getting into the digest is one which does not fall within 
 the Century or Decennial Digests, we must, of course, resort to 
 the American Digest Continuations, and must therefore locate our 
 case through the Table of Cases Digested in those later digests. 
 To do so we must first determine in what volume of the digest his 
 case is digested. This is done by referring to the Tables of Reports 
 which is to be found in the front part of the several volumes of the 
 American Digest Continuations, or by the date of the decision, if that 
 is known. 
 
 One of the cases cited in the footnote to the statement in Tiffany 
 on Domestic Relations already referred to is International Text- 
 Book Company v. Doran, 80 Conn. 307, 68 Atl. 255. Reference to the 
 Table of Reports (see Reference Book, p. 389) contained in the Cen- 
 tury and Decennial Digests apprises him of the fact that the Decennial 
 contains cases from the Atlantic Reporter down to Vol. 64 only. 
 Examining the Table of Reports in the subsequent Key-Number 
 Series, he finds finally that Vol. 68 Atl. is digested in Vol. 3.^ 
 Turning, then, to the Table of Cases Digested, he locates in that 
 table the citation — International Text-Book Co. v. Doran — and 
 
 3 See Reference Book, p. 290. 
 
 * This illustration may be followed step by step in the Reference Book, ex- 
 cepting as to use of the Reporter indexes. 
 ■'■ See Reference Book, p. 477. 
 
 197 
 
§ 9 HOW TO FIND THE LAW (Part II 
 
 finds that it is digested in the topic Infants, §§ SO, 55, 58, and 102." 
 An examination of these sections shows him that section 50 is the 
 one that contains the point he is interested in, as the black letter 
 line of that section is "Necessaries." 
 
 Accordingly, Infants, § SO, is the Key-Number desired. 
 
 § 10. Same — Use of Century and Key-Number Annotations in 
 Reporters 
 
 If the text-book used is a recent one, and the case selected is a 
 recent decision, examination of the syllabus of the case in the Re- 
 porter System will discover a Century reference and (since No- 
 vember, 1908) a Key-Number Annotation. This saves the necessi- 
 ty of referring even to the Tables of Cases. 
 
 (a) Illustration — Century Annotations 
 
 Let it be supposed that the brief maker is interested in a case 
 involving the question wliether an infant is liable on the purchase 
 of a horse as on a contract for necessaries. In the course of his 
 investigation he turns to Tiffany on Persons and Domestic Rela- 
 tions. On page 395 he finds the statement that an infant has been 
 held liable, as for necessaries, for a horse, where horseback riding 
 had been prescribed by a physician. Of two cases cited in the 
 footnote, one is an English case and the other an early Illinois case. 
 But a third case is cited to a variation of the principle, namely, 
 Heffington v. Jackson, 43 Tex. Civ. App. 560, 96 S. W. 108. 
 
 Turning to the report of the case in Vol. 96 Southwestern Re- 
 porter, he finds the case is annotated to the Century Digest; the 
 reference being to 27 Cent. Dig. Infants, §§ 114, 118. Following 
 out this direct reference he discovers under section 118 a number 
 of cases involving the question as to the liability of an infant on 
 the purchase of a horse. 
 
 Reference to the Pink Table in 21 Decennial shows that the 
 corresponding Key-Number section is Infants, § SO, and this enables 
 him to bring his search down to date, in the manner already refer- 
 red to a number of times. 
 
 (b) Illustration — Key-Number Annotations in Reporters 
 
 A similar method would be followed if the case cited in the text- 
 book is one which in the Reporters is annotated on the key-number 
 system. 
 
 Suppose we are interested in a case involving the constitutional 
 question as to impairing the obligation of contracts, the specific 
 question being whether a judicial decision can be considered a law 
 impairing the obligation of a contract within the constitutional 
 prohibition. 
 
 e See Reference Book, p. 488. 
 
 193 
 
Ch. XII) USB OF TEXT-BOOKS § 10 
 
 In Black's Constitutional Law (Third Edition) page 722 (Ref- 
 erence Book, p. 153), we find a statement to the effect that the de- 
 cision of a court is not a law, within the meaning of the Constitu- 
 tional provision. 
 
 Several cases are cited in the footnote (note 4), including Mason 
 V. A. E. Nelson Cotton Co., 148 N. C. 492, 62 S. E. 625. Turning 
 to the report of this case in 62 S. E.,-we find that it is annotated on 
 the key-number system, thus throwing open to the brief maker 
 every case, past, present, and future. 
 
 199 
 
§ 1 HOW TO FIND THE LAW (Part II 
 
 CHAPTER XIII 
 
 HOW TO FIND THE LAW— USE OF ENCYCLOPEDIAS 
 
 § 1. Introduction. 
 
 2. Mechanical Features of Encyclopfedlas. 
 
 3. Use of Analysis. 
 
 4. Cross-Reference System. 
 
 (a) Character and Arrangement of Cross-Keferences. 
 
 (b) Use of Cross-Keferences. 
 
 (c) Definitions. 
 
 5. Cyc. Index and Concordance. 
 
 (a) Contents and Construction. 
 
 (b) Use of the Index. 
 
 6. Supplementing Bncyclopsedlas. 
 
 7. Same — Use of Cyc. Annotations. 
 
 8. Same — By Means of the American Digest 
 
 9. Finding the Facts of a Case Cited. 
 
 § 1. Introduction 
 
 In Chapter V the similarity which encyclopaedias of law bear to 
 text-books on the one hand and to digests on the other was pointed 
 out. As was there explained, all three classes of books are in their 
 final analysis composed of material of the same character, and the 
 differences lie in the manner in which that material is treated and in 
 the construction of the books. ^ 
 
 As was remarked in the general description of encyclopedias in 
 Chapter V above, although possessing many of the characteristics of 
 digests, they partake of and serve the same general purpose as text- 
 books. However, especially since the publication of the new Cyc. 
 Index and Concordance, the methods of search applied to the use of 
 encyclopaedias follow much the same lines as those applied in the use 
 of digests, excepting that, as there are no tables of cases cited, the 
 method based on the use of such tables is not available. 
 
 § 2. Mechanical Features of Encyclopaedias 
 
 Since "Cyc." has definitely superseded other general encyclopaedias 
 and is now better known and more widely used than any other, we shall 
 confine our references to it exclusively. 
 
 The features of it to which special reference may be made, in view 
 of their relation to the methods of finding the law, are (1) the dis- 
 cussion of specific subjects in separate articles; (2) the full analysis 
 prefixed to each article ; (3) the system of cross-references ; and (4) 
 the new Index and Concordance published in 1913. Excepting the 
 fourth these features are common to all encyclopaedias of the law. The 
 Cyclopaedia of Law and Procedure possesses an additional feature in 
 the shape of annotations to the Century Digest. 
 
 1 See Chapter V, § 11. 
 
 200 
 
Ch. XIII) USE OF ENCYCLOP-liDIAS § 3 
 
 The encyclopaedia method of treating the law in specific subjects 
 makes this class of books readily available in a search by principle. 
 For instance, while in an ordinary text-book on Torts the law relating 
 to the liability of the owner of a dog to a person bitten by the animal 
 would be treated only incidentally, as illustrating some principle of 
 the law of torts, the encyclopsedia method permits the treatment of 
 such a subject fully in a specific article dealing with the law relating 
 to animals. Of course, this difference is not so marked if an ex- 
 haustive treatise on the law of torts is used. In such a treatise the 
 subject will be treated as exhaustively and with greater vvcalth of il- 
 lustrations in the text than in an encyclopaedia, though the citations 
 in the former are seldom so numerous or exhaustive as in the latter. 
 
 The fact that in an encyclopaedia, as in a digest, duplication must be 
 avoided so far as possible, makes it necessary to identify with accuracy 
 the particular title under which is discussed the phase of the law af- 
 fecting the client's case. The titles are numerous, and this fact raises 
 the same difficulty that is found in approaching a digest by means of 
 the classification. Like the digest, Cyc. contains both general and 
 specific titles, and it is often difficult to tell whether to look under a 
 general topic or under a specific topic where a special phase of a gen- 
 eral rule is considered. 
 
 It has been said that Cyc. follows the American Digest or Standard 
 Classification, and this is true in a general way, though there are nu- 
 merous differences, especially in detail. It is more accurate to say that 
 the analysis of the law in Cyc, is based upon that Classification, modi- 
 fied to meet the requirements of encyclopaedic treatment. In proba- 
 bly 99 per cent, of the points that actually arise for investigation, the 
 brief maker will find his matter under the same topic and usually un- 
 der the same main division thereof in Cyc. as in the American Digest 
 System. The resemblance will be seen if the reader will compare the 
 analysis of the article on Infants in Cyc. with the analysis of the topic 
 "Infants" in the Century Digest, examining the lesser as well as the 
 larger divisions of both." 
 
 § 3. Use of Analysis 
 
 When the brief maker has selected the appropriate title in the ency- 
 clopaedia, either by means of the cross-references or through personal 
 knowledge of the plan of the compilation, he examines the analysis of 
 the encyclopaedia article under that title, to find the specific matter he 
 is looking for. 
 
 It is one of the excellent features of the encyclopaedia that there is 
 prefixed to every article — no matter how comprehensive or how spe- 
 cific it may be — a full, detailed analysis of the topic, similar to and 
 serving the same purpose as the topic analyses in the digest. It shows, 
 
 2 See the topic Infants from C\vc. and the Century Digest in the Reference 
 Rook, pp. 209-213 and pp. 2S5-2SU. 
 
 201 
 
§ 3 HOW TO FIND THE LAW (Part II 
 
 not only the general subdivisions of the subject, but also the more 
 specific and peculiar variations of the principles that go to make up the 
 body of law on that subject. 
 
 The real problem in searching any encyclopsedia by means of these 
 topic analyses is to select the proper topic. Once that difficulty is 
 solved, the success of the search becomes largely a question of careful 
 examination of the analysis of the topic. 
 
 Illustration 
 
 (1) Suppose that the brief maker is interested in a case involving 
 the liability of the owner of a vicious dog to a person bitten by such 
 dog. It will be observed that this question might reasonably be dis- 
 cussed under any one of three topics, namely, Torts, Negligence, or 
 Animals. By careful examination of the analysis of these different 
 topics he finds that the law relating to animals is treated in an article 
 entitled "Animals" in Volume 2 of Cyc. Examining the analysis pre- 
 fixed to that title, he finds that the subject of Animals has been treated 
 under sixteen main divisions, corresponding to chapter headings in a 
 text-book and that Division XI covers the question of injuries by ani- 
 mals. The analysis of the division shows him that liability for injuries 
 by dogs is discussed in subdivision A, 1, a, (II), (B), with a reference 
 to the page where the discussion begins.* 
 
 (2) Let us assume that the brief maker is interested in a case involv- 
 ing the liability of an infant on his contract for necessaries. The ar- 
 ticle in Cyc. which covers the law of infants is entitled Infants (see 
 Reference Book, pp. 209 to 223). Examining the analysis at the head 
 of the article, we observe that the subject of infant's contracts is dis- 
 cussed in Division V. The sub-analysis under this Division shows that 
 contracts for necessaries are dealt with in Subdivision B 9, with a ref- 
 erence to page 590 (see Reference Book, p. 215). On that and the suc- 
 ceeding pages is found a discussion of the rules involved, together 
 with citations to numerous cases and authorities supporting the vari- 
 ous statements made in the text. 
 
 § 4. Use of the Cross-Reference System 
 
 In a search in Cyc. based upon the topic analysis, as in a similar 
 search in the digests, the difficulty of selecting the proper topic offers 
 obstacles. There are almost always several topics under any one of 
 which the searcher might with about equal reason expect to find the 
 matter for which he is looking. This uncertainty, for a brief maker 
 not possessed of an intimate knowledge of the classification, is prac- 
 tically unavoidable in a search in either class of books. In Cyc, as 
 in the American Digest System, however, a system of cross-references 
 was introduced to meet the difficulty. These cross-references require 
 detailed explanation. 
 
 * See Reference Book, pp. 177 to 100. 
 
 202 
 
Ch. XIII) USE OF ENCYCLOPEDIAS § 4: 
 
 (a) Character and Arrangement of Cross-Refenences 
 
 The character of cross-references in general was set forth in the ex- 
 planation of the mechanical features of the digests (see chapter VIII, 
 §§ 5-7, above), and a restatement here would be superfluous. In pur- 
 pose and general nature the cross-references in Cyc. are like those in 
 the digest system, and the differences which exist, however noticeable, 
 are dili'erences in detail rather than in the fundamental idea of cross- 
 referencing. 
 
 The Cyc. cross-references are to be found both under main titles 
 (topic titles) and under cross-reference titles.- 
 
 Immediately following the analysis of each topic title the reader 
 will find a collection of cross-reference lines which serve as detailed 
 "exclusions" from the topic, indicating under what other titles matter 
 which the reader might expect to find treated in the topic to which he 
 first resorts, are in fact discussed. These cross-reference lines are ar- 
 ranged alphabetically (as in the digests)." 
 
 Besides these cross-references under the main titles, additional 
 cross-references have been inserted under cross-reference titles. Such 
 titles are interspersed among the main or topic titles in their alphabet- 
 ical order. As in the digest, they serve as index words, and are usual- 
 ly descriptive of things in regard to which litigation is frequent. There 
 is no difference in character between the cross-references found under 
 the main titles and those under the cross-reference titles (see Reference 
 Book, pp. ■ 193, 194, 224, and 239 to 240). 
 
 In the first thirty volumes of Cyc. all the cross-references are gen- 
 eral ; that is to say, they are not specific, for they refer the brief maker 
 only to a topic, and not to the particular division or subdivision of the 
 topic, where the matter indicated will be found. As to these volumes, 
 the cross-references simply serve to assist one in fixing on the right 
 topic by making it unnecessary to wander from topic analysis to topic 
 analysis until he has guessed the proper one. Beginning with Volume 
 31, however, the references were made specific, and lead one to the 
 particular topic, volume, and page where he will find the desired dis- 
 cussion. 
 
 (b) U&e of Cross-References 
 
 The method of using the cross-references is akin to the Descriptive- 
 Word Method of search as applied directly to the digests. Two illus- 
 trations will therefore be sufficient to indicate the proper procedure. 
 
 Illustrations 
 
 Case 1. Let us suppose that we wish to find a discussion of the 
 principles and the authorities governing the liability of the owner of 
 a dog to a person bitten by the animal. Following the rules as to de- 
 scriptive words given in Chapter IX, we select "dog" as describing the 
 
 3 See Reference Book, pp. 182, 213, and 2.33, where pages containing cross- 
 references under topic analyses from different volumes of Cyc. will be found. 
 
 203 
 
g ^ HOW TO FIND THE LAW (Part II 
 
 subject-matter. This word proves to be a cross-reterence title in Vol- 
 ume 14 of Cyc. (i. e., a title under which only cross-references appear). 
 A reference is given to the encyclopjedia article "Animals" in Volume 
 2. To find the specific portion of the article covering the question at 
 issue, recourse must be had to the analysis, as explained in the pre- 
 ceding paragraph. Running through this we find that Main Division 
 XI is "Injuries by Animals." Of this Subdivison I reads "In Gen- 
 eral," 1 "Nature and Extent of Liability for," (a) "Generally," (II) 
 Domestic Animals, (B) "Dogs," (1) "Liability of Owner or Keeper." 
 This smallest subdivision is followed by a reference to page 370 of 
 the text, where we find our question discussed.* 
 
 Case 2. Again, if the question on which information is desired is the 
 liability of an infant on his contracts for necessaries, the brief maker 
 may go to the cross-reference head "Necessaries," 29 Cyc. 376. There 
 he will find, among various other cross-references, one reading, "Con- 
 tracts of infants for, see Infants." Thus, the cross-references in Cyc. 
 are references to particular articles wherein the law relating to the 
 things described by the cross-references are discussed. They are de- 
 signed to assist the investigator in selecting his topic, though (except- 
 ing in the last ten volumes) they do not undertake to go beyond that, 
 by giving specific reference to the particular part of such topic. 
 
 (c) Definitions 
 
 A peculiar feature of Cyc, and one which adds materially to its 
 value, consists of the definitions which are included in such a way 
 as to make possible the use of Cyc, to a considerable extent, as a law 
 dictionary, as well as a general compendium of the law. These defi- 
 nitions are so intimately related to the cross-reference system that they 
 may best be considered in connection with the latter. 
 
 Under every rnain title, following the cross-references and consti- 
 tuting the beginning of the first division of the title, are one or more 
 definitions relating to the subject of the topic. The first of these is 
 usually a definition of the legal meaning of the word or phrase which 
 constitutes such title. As, for instance. Infants,. Receivers, Pleading, 
 or Railroads. Following this there are sometimes included definitions 
 of its synonyms or of related words. Thus in the topic Wharves (see 
 Reference Book, pp. 233 and 234) we find that Division I is entitled 
 "Definitions" and that it includes in the following order definitions of 
 the words Wharf, Pier, Ship, Wharfage, and Wharfinger. 
 
 But the definitions given under main titles form only a small percen- 
 tage of the total number of definitions included in Cyc. Many words 
 are inserted as titles in Cyc, in their regular alphabetical order along 
 with the main titles and cross-reference titles, solely for the sake of 
 definition. The title Visit, 40 Cyc. 212 (see Reference Book, p. 230) 
 
 i This illustration may be followed in detail by means of the Reference 
 Book, pp. 194, and 179 to 190. 
 
 204 
 
Ch. XIII) USB OF BNCTCLOPiEDIAS § 5 
 
 is ail illustration of this. The reader will observe that this title is ac- 
 companied only by a definition, to which is appended a footnote con- 
 taining one or more citations to cases. 
 
 " Lastly, there are given definitions of many of the words used as 
 cross-reference titles — that is, words which are inserted as titles for 
 the double purpose of definition and of carrying index or cross-refer- 
 ence lines. For illustration, the title Infeclious, 22 Cyc. 712, is fol- 
 lowed by a definition and list of words of similar meaning, and then, 
 in parenthesis, by cross-references to those titles where questions of 
 infection are discussed. Again, Whisky, 40 Cyc. 926-927, shows the 
 combination of definitions and cross-references, but here the cross- 
 references are placed in a footnote to the word "Cross-References," 
 which follows the definition in parenthesis, and are specific by volume 
 and page of Cyc." Incidentally, the reader's attention is called to the 
 title Whistles which follows it. That it will be observed, is inserted 
 purely as a cross-reference title. 
 
 Among the titles in Cyc. are many legal maxims, which are defined 
 briefly, and some of which carry cross-references." 
 
 § 5. Cyc. Index and Concordance 
 
 More important than the cross-reference system and of greater prac- 
 tical utility is the newly published Cyc. Index and Concordance, or, as 
 it is sofhetimes called, the Cyc. Desk Book. This volume bears the 
 same relation to Cyc. that the Descriptive-Word Index does to the 
 Decennial and other Key-Number Digests. Accordingly, careful ex- 
 planation of its construction and use is desirable. 
 
 (a) Contents and Construction 
 
 Like the Descriptive-Word Index, the Cyc. Index consists of a large 
 number of index words, under which are placed index lines. These 
 index words are similar to the cross-reference titles in Cyc. itself. 
 They include (1) all the 440 main titles of Cyc. (i. e., the titles of all the 
 encyclopaedic articles or topics) ; (2) all the cross-reference titles (those 
 which carry cross-references in Cyc. itself) ; (3) many, but by no 
 means all, of the titles inserted solely for the purpose of definition 
 (i. e., what may be referred to as the dictionary feature of Cyc.') ; and 
 (4) large numbers of additional titles of the same character as the true 
 cross-reference titles. 
 
 The index words are arranged in their alphabetical order, as also 
 are the index lines placed under each. These index lines include (1) 
 
 6 See § 4 (a) above. 
 
 6 See 29 Cyc. 376 (reproduced in Reference Book, p. 227) the maxim "Nee 
 cum sacco tedire debet." 
 
 7 These words defined are very naturally and properly omitted in large part 
 from the Index, since it is designed as an Index to the encyclopn?dia matter 
 contained in the articles or topics, and the inclusion of titles which are only 
 defined would merely serve to increase the bulk without adding to the use- 
 fulness of the volume. 
 
 205 
 
§ 5 HOW TO FIND THE LAW (Part II 
 
 all the cross-reference lines in Cyc. (though it would appear that many 
 of them have been recast) ; and (2) a large quantity of new lines of 
 the same character. It should be observed particularly that the analy- 
 sis lines or classification matter, as we have occasionally referred to the 
 framework of digest and encyclopaedia topics, is not included. This 
 omission has an important bearing on the manner of using the Index, 
 as will be explained hereafter. 
 
 Each index line is followed by a reference, and these references are 
 divisible into two classes, namely, specific and general references. 
 
 (1) By general references are meant such as the following: 
 
 IWHAEF. 
 
 Generally, see Wharves, post. 
 
 This is not the reference to the topic Wharves in Cyc, but to the 
 index title Wharves in the Index. 
 
 (2) The vast majority of references are specific, each one referring 
 directly to the place in the text of Cyc. where the matters indicated 
 are discussed. They are references by volume and page number of 
 Cyc. (instead of by topic and section as in the Descriptive-Word In- 
 dex). 
 
 If the reader will turn back to Chapter VIII, § 17, above, he will 
 see how close a resemblance exists in character, plan, arrangement, 
 and purpose between the Descriptive-Word Index and the Cyc. Index.* 
 This similarity extends to the use of the two books, each of which is 
 designed to avoid the great labor and loss of time involved in selecting 
 the topic and section which covers the matters in which the brief maker 
 may for the moment be interested, and then plodding through the long 
 topic analyses in order to find the desired subdivision. 
 
 (b) Use of the Index 
 
 The methods of search applied to the Cyc. Index are much the same 
 as the Descriptive-Word Method of search. The search is based large- 
 ly upon the facts of the brief maker's case, and not upon his individual 
 notions as to the logical classification of law. As in every search, the 
 brief maker must first analyze his facts and formulate his problem by 
 drawing up a provisional hypothesis. From careful study of the essen- 
 tial and significant facts of the case, he can select words descriptive of 
 them. If they are properly selected, one or more of these words, when 
 located in the Index, should produce a reference which will lead to the 
 statement of the desired rule of law in the text of Cyc, and so to cita- 
 tions to cases which are regarded as supporting such statement. 
 
 This brief explanation of the method of search may best be elaborat- 
 ed in connection with a few illustrations. 
 
 8 There are, however, differences vyhich it Is important to remember in 
 order to avoid mental confusion. Those differences which have a bearing on 
 the manner of using the books are : il) The omission in the Cyc. Index of the 
 iinalysis lines; and (2) the use therein of references by volume and page, as 
 just mentioned in the text. 
 
 206 
 
Ch. XIII) OSB OF ENCTCLOPiEDIAS § 5 
 
 Illustrations 
 
 Case 1. A., the plaintiff, is bitten by a vicious dog of which B. is 
 the owner, and he sues B. for damages for the personal injury. 
 
 Let us apply the Descriptive-Word Method to this case. Injury and 
 Personal Injury are both descriptive of the cause of action; 0-vimer 
 is descriptive of a party concerned ; and Dog or Animal of the subject- 
 matter. Let us take these words in their order. Injury appears as a 
 title in the Cyc. Index on page 881, and under it at the top of page 882 
 is an index line "By Animals Generally. See 2 Cyc. 367" (see Refer- 
 ence Book, p. 249). Turning to the place indicated (see Refer- 
 ence Book, p. 185) we find that the reference is to the topic Animals, 
 Division XI Injuries hy Animals. The specific injury, in which we are 
 interested, is one inflicted on a person by a dog. Subdivision II of 
 Division XI proves to be Injuries by Domestic Animals, and in this 
 subdivision (B) deals with dogs. Beginning here on page 370, we find 
 two or three pages of the text devoted to the liability of the owner for 
 injuries done by his dog. 
 
 The same results might have been obtained by using some of the 
 other descriptive words. Thus in the Index we find the following: 
 
 ©■WNEB. OF ANIMAL. 
 Liability : 
 Of: 
 
 For: 
 
 Injury by Animal: 
 Generally, 2 Cyc. 268. 
 
 And, again, under Dog an even more specific reference appears : 
 
 DOG. 
 
 Owner's liability for injury by see 2 Cyc. 370. 
 
 Thus, in three ways we have been led to the same part of the text 
 of Cyc. by following the Descriptive-Word Method of search, with 
 which the reader must by this time be thoroughly familiar from his 
 study of the use of digests. 
 
 The word Animal is another descriptive word. It is the title of a 
 topic in Cyc, and also a title in the Index. Examining the lines under 
 Animals in the Index, we find no line which in any way suggests that 
 our subject is covered in 2 Cyc. under the title of Animals (where we 
 already know it to be covered). This requires special explanation. 
 The reader will remember that the analysis lines of the Cyc. topics are 
 not included as index lines under the topic titles (which are all inserted 
 as Index Words). In place of them will be found, immediately follow- 
 ing every such title in the Index, a note printed in italics and similar to 
 the following one under Animals: "Main title in Cyc. See 2 Cyc. 288, 
 for complete analysis, which must always be consulted for matters 
 treated within this topic." 
 
 Therefore, all the index lines under Animals in the Index will be 
 found to refer to matters which relate to animals, but which, for one 
 editorial reason or another, are treated under topics other than An- 
 
 207 
 
§ 5 HOW TO FIND THE LAW (Part II 
 
 imals in Cyc. And in using the Index the brief maker, who finds that 
 his descriptive word is a topic title, should either drop it entirely and 
 use one of his other words, or he should supplement his examination 
 of the references under that title in the Index by careful study of the 
 analysis of the Cyc. article or topic of which it is also the title. 
 
 Case 3. A., the owner and master of a steam vessel, arranged with 
 B. to land a cargo at the latter's wharf. After the vessel had been 
 brought to its berth upon the south side of the wharf, it proved neces- 
 sary to move it in order to make room for another vessel. The moving 
 was done by A. himself, under the direction of B.'s dock master, C, 
 whom B. had only recently engaged, and who was not familiar with 
 the wharf or its immediate surroundings, although A. was not aware 
 of this fact. The vessel, while being moved to the north side of the 
 wharf, struck upon a sharp rock projecting several feet from the bot- 
 tom, but considerably submerged even at ebb tide. Its presence was 
 not known or suspected either by A. or C, and was not actually known 
 to B. himself. What are A.'s rights? 
 
 The salient facts of this case are the Ship or Vessel, the Wharf, and 
 the Obstruction, and we may reasonably base our search upon any one 
 of them. 
 
 In the Cyc. Index, under Vessel, we find the following: 
 
 VESSEL. 
 
 Injur}' to, by wharf, 40 Cyc. 913. 
 
 This proves to be a reference to the topic Wharves, Division V In- 
 juries to vessels or persons, (A) Liability in General, (1) Injuries to 
 Vessels. The paragraph contains a clear statement of the law, and in 
 the footnotes we find citations to cases where vessels have been in- 
 jured by obstructions, etc. 
 
 Again, an Obstruction having caused the injury, we may reasonabh- 
 hope to find that word as an Index title, and under it an appropriate 
 reference. This hope is justified by the following : 
 
 OBSTRUCTION. 
 
 Of: 
 Wharf: 
 Liability for injury to vessel caused by, 40 
 Cyc. 914. 
 
 This reference leads us to the same place under Wharves in Cyc, 
 and is even more specific than our first references, being to a smaller 
 division of the topic (included in the one referred to under Vessel). 
 
 The word Ship, being a synonym of Vessel, may also be tried. It is 
 an index word, but under it there are no specific references appropriate 
 to our problem. However, there is given the following: 
 
 SHIP. 
 
 Generally, see Shipping, post; Vessel, post 
 
 This is what has been described as a general reference, and leads tis, 
 not into the text of Cyc, but to the Index title Vessels, and there we 
 will find the reference already described above. 
 
 208 
 
Ch. XIII) USE OP ENCYCLOPEDIAS § 7 
 
 It is always important to follow out any promising general reference 
 whenever the index title first examined fails to bring forth a specific 
 reference to Cyc. The importance of following such leads as this was 
 emphasized in the explanation of the use of the Descriptive- Word In- 
 dex in Chapter IX, 6 (c), and what was said in that connection applies 
 equally to the Cyc. Index. 
 
 Finally, let us suppose that we had first looked under Wharves as 
 our descriptive word. All that appears under this title is the following : 
 
 W^HARVES. 
 
 MAIN TITLE IN CYC. See JfO Cyc. 892, for 
 complete analysis, which must always he con- 
 sulted for matters treated within this title. 
 
 For references, see Wharf, ante. 
 
 Neither here nor under the Index title Wharf, as referred to, does 
 any reference to our matter appear. This is natural, for, as already 
 explained, the references under a Cyc. topic title which appears as an 
 Index title always have reference to matters relating to that subject, 
 which are treated under other topics in Cyc, and, for the matter actu- 
 ally treated under that topic, resort must be had to examining the topic 
 analysis in Cyc. itself. 
 
 § 6. Supplementing Encyclopaedias 
 
 Though an encyclopaedia is often exhaustive or nearly exhaustive in 
 its citations of authorities up to the date of publication, it possesses 
 the disadvantages of all text-books, in that it needs to be supplemented 
 in some way in so far as the latest cases are concerned. 
 
 The methods of supplementing text-books, described above in Chap- 
 ter XII, §§ 8, 9, may also be used to supplement any encyclopaedia. 
 Little further illustration of these methods is necessary. The Cyclo- 
 pedia of Law and Procedure may, however, be supplemented in other 
 ways, and to these attention is now directed. 
 
 § 7. Same — Use of Cyc. Annotations 
 
 In Chapters V and VI mention was made of the "Cyc. Annotations." 
 These are cumulative," and annual volumes in which the decisions re- 
 ported since the volumes of Cyc. were published are by typographical 
 devices related to the proper page and note in the appropriate article.^" 
 These annotations serve to annotate the article in Cyc. to cases decided 
 between the time the article was completed and the date of preparation 
 of the volume of annotations. 
 
 The references, under which citations to cases are placed in "Cyc. 
 Annotations," are arranged by the title of the articles (in their usual 
 
 1 Up to the present time the Annual Annotations have been cumulative ev- 
 ery year. The 1913 issue, however, is labeled "Permanent." In other words, 
 its contents will not be included in the 1914 issue, ovring to the excessive bulk 
 of the volume which would result. However, it is to be presumed that the 
 1914 Issue will be cumulated in the 1915 Issue, etc. 
 
 10 Reference Book, pp. 737 to 744. 
 
 Brief Mak.(3d Ed.)— 14 209 
 
§ 7 HOW TO FIND THE LAW (Part II 
 
 alphabetical order), and refer to the page of the volume containing the 
 article and to the note number on such page. 
 
 The Cyc. Annotations consist almost entirely of bare citations to 
 cases, as will be seen by examination of the exhibit in the Reference 
 Book (p. 742). Occasionally, however, two or three Hues of text are 
 inserted. It will be observed, also, that when a new development of 
 some phase of the law covered in the text of the Cyc. article is rep- 
 resented by a late decision, an annotation is added — marked "New" 
 — and a brief text statement precedes the citation in Cyc. Annotations. 
 An instance of this may be observed in Reference Book, p. 743. The 
 statements of law on page 600 of the volume of Cyc. containing the 
 article on Infants is there supplemented by an annotation marked 
 "New," as follows: 
 
 600-New. In alisence of fraud, 
 
 etc. ; equity will not require affirmance 
 or disaffirmance by infant. Watson v. 
 Ruderman, 79 Conn. 687, 66 Atl. 515. 
 
 The method of using the annotations is simple and may best be 
 shown by an illustration. 
 
 Illustration 
 
 ■ Suppose that, wishing to get authorities on the question whether 
 horses and vehicles are necessaries for which an infant will be liable, 
 we have located the point in 22 Cyc. by methods explained in § 7, 
 above. On page 595 it is stated that horses, vehicles, and the like are 
 not ordinarily considered necessaries ; note 64 containing' the cases 
 relating to vehicles. As 22 Cyc. was pubHshed in 1906, it' is desirable 
 to bring this note down to date. 
 
 To supplement the note, we go to the latest volume of Cyc. Annota- 
 tions (for example, the volume for 1913), and turning to the title In- 
 fants, search the columns for the number of the page and note, viz., 
 "595 — 64." There we will find this reference on page 2471. (Refer- 
 ence Book, p. 743.) In connection therewith is given the citation of a 
 fairly recent case, Heffington v. Jackson, 43 Texas Civ. App. 560, 96 
 S. W. 108. We may now take this case, and by methods explained in 
 Chapter X, § 6 (b), carry our search into the American Digest Sys- 
 tem and the later Reporters, thus assuring ourselves that we have 
 obtained all the latest cases. 
 
 § 8. Same — By Means of the American Digest 
 
 Even when Cyc. Annotations are available and have been used to 
 get cases later than the date of the Cyc. article examined, the brief 
 maker will wish to bring his search down to an even more recent date, 
 and so get the very latest cases upon his point. And, of course, when 
 for any reason the Annual Annotations cannot be used, some alterna- 
 tive way of supplementing the use of Cyc. is especially desirable. Un- 
 der any circumstances, the brief maker can do this by resorting to the 
 American Digest System, finding the Key-Number, and following it 
 
 210 
 
Ch. XIII) USE OF ENX'YCLOP.TIDIAS § 9 
 
 down through the latest volumes of the Key-Number Series and the 
 subsequent issues of the Monthly Digest. To find his Key-Number 
 he will select, from the note appended to the statement of his rule in 
 Cyc. itself, one of the cases cited, and, in doing so, it is important to 
 make certain that the case cited and selected is itself reasonably closely 
 in point as to fact with the brief maker's own case, as well as sup- 
 porting the main rule. He will then use the Decennial Table of Cases 
 and the Tables of Cases Digested in the several volumes of the Key- 
 Number Series to find where a particular point of such case is digested. 
 No detailed explanation or illustration of this mode of supplementing 
 Cyc. is necessary, as this manner of using digests has already been ex- 
 plained in Chapter XI, on Exhausting the Authorities, and has been 
 illustrated again in Chapter XII in connection with text-books. 
 
 § 9. Finding the Facts of a Case Cited 
 
 In encyclopaedias, as in text-books, little or no effort is made to give 
 the facts of the individual cases cited in the notes, and even where 
 facts are given they are merely indicated in a brief way. The neces- 
 sity of examining, if possible, the report of any case to be cited in a 
 brief, has already been dwelt upon, and requires no further emphasis 
 at this point. It often happens, however, that such report is not avail- 
 able, and in such instance the brief maker can obtain a synopsis of 
 the facts of the case by resorting to the American Digest System. 
 
 This method of ascertaining facts of a cited case was explained in 
 Chapter X, § 7, and we will simply give here a single illustration 
 of its application in connection with Cyc. 
 
 Illustration 
 
 Let us assume that the brief maker is looking up authorities on the 
 case used as an illustration in § 5 (b), Case I, above, where the plain- 
 tiff's vessel was damaged by an obstruction concealed by the water, 
 while it was being moved from one side of a wharf to the other. He 
 has located under the topic Wharves in 40 Cyc. on page 914 a statement 
 to the effect that "the wharfinger is liable for any damage done to the 
 vessel by reason of his neglect of duty to notify vessels using his wharf 
 of the existence and position of any dangerous obstacles, inequalities 
 in the bottom, or shallow water." To this statement is appended a note 
 in which are listed a few cases decided by the state courts and a con- 
 siderable number of cases by the United States courts. No facts are 
 given in connection with any of these citations. Some of these cases 
 will be more closely in point than others. In order to select the most 
 valuable, the brief maker must have at least an outline of the facts of 
 each case. The United States cases cited are all reported either in the 
 Federal Reporter or in Federal Cases, which we will assume that the 
 brief maker has no means of reaching. The first case cited is that of 
 The Manhattan, 169 Fed. 222. The cases reported in Volume 169 Fed- 
 eral are all digested in Volume 7 Key-Number Series. Turning to the 
 
 211 
 
§ 9 HOW TO FIND THE LAW (Part II 
 
 Table of Cases Digested in that volume, we find the case of The Man- 
 hattan listed in the first column on page 2936, with the information 
 that the three points decided are digested, one under Collision, § 95, 
 one under Shipping, § 140, and one under Wharves, § 20. Reference 
 to these three sections of the digest bring to light the following para- 
 graphs : 
 
 COLLISION. 
 
 § 95. Towing vessels and vessels in toir. 
 
 See 10 Cent. Dig. Collision, §§ 200-202. 
 
 [a] (U.S. C.C.A., N.Y., 1909) 
 
 A steam lighter, proceeding up the Bast 
 Kiver on the Brooklyn side with a barge in 
 tow, held solely in fault for a collision between 
 ■ her tow and a steamer coming down the river, 
 caused by her turning across the river in front 
 of the steamer without having signaled her in- 
 tention, and for stopping directly ahead of the 
 steamer when her signal, given after she chang- 
 ed her course, was not answered. The steam- 
 er held not in fault for failing to sooner re- 
 verse, where she had already stopped her en- 
 gines, and a reversal did not appear necessary 
 until too late to prevent the collision. Decree 
 (D. C. 1907) 153 F. 6.35, reversed.— The Maine, 
 170 F. 915, 96 C. C. A. 131; The Manhat- 
 tan, Id. 
 
 SHIPPING. 
 
 § 139i Limitation of liability by con- 
 tract or bill of lading. 
 
 See 44 Cent. Dig. Ship. §§ 493-499. 
 
 § 140. In general. 
 
 See 44 Cent. Dig. Ship. §§ 493-495. 
 
 [a] (U.S. C.C.A., Jf.Y., 1909) 
 
 A contract by a lighterage company to car- 
 ry the product of a manufacturing company 
 in and about New York Harbor, furnishing the 
 full capacity of its vessels, made it a private 
 carrier ; and a provision of its contract that 
 it should not be liable for goods lost or dam- 
 aged, but requiring the owner to insure against 
 such loss, is valid. Decree (D. C. 1907) 153 
 F. 635, reversed.— The Maine, 170 F. 915, 96 
 C. C. A. 131; The Manhattan, Id. 
 
 WHARVES. 
 
 § 20. Injuries to vessels or cargoes. 
 
 See 48 Cent. Dig. Wharves, §§ 35-43. 
 
 Liability of United States for acts of officers or 
 
 agents, see United States, § 78. 
 
 [a] (U.S. D.C.. N.Y., 1909) 
 
 Where a wharf for hire is so located as to 
 have a very small amount of water in a berth 
 at low tide, so that boats lying there necessarily 
 rest on the bottom, the owner must be held re- 
 sponsible for injuries resulting from anything 
 in the nature of permanent obstructions in the 
 bottom.— The Manhattan, 169 F. 222. 
 
 Where those in charge of a scow, in a berth 
 where she was injured by an obstruction on the 
 bottom at each succeeding low tide, allowed her 
 to remain after knowledge of the obstruction 
 and when the boat's position could have been 
 changed, the owner is entitled to recover from 
 the wharf owner only for the injury received be- 
 fore they had such knowledge. — Id. 
 212 
 
Ch. XIII) USB OF BNCYCLOP.TIDIAS § 9 
 
 These three paragraphs, especially if taken together, constitute a 
 very full synoptical statement of facts. Incidentally we will find that 
 § 20 of Wharves is the Key-Number covering the main question, and 
 we shall find paragraphs for the other cases cited in Cyc. under § 20 
 in the several volumes of the Key-Number Series, under Wharves, § 
 20 in the Decennial, or under Wharves, §§ 35-43, in the Century Di- 
 gest. 
 
 213 
 
§ 1 HOW TO FIND THE LAW (P^rt II 
 
 CHAPTER XIV 
 
 HOW TO FIND THE LAW— USE OP SELECTED CASES 
 
 § 1. Introduction. 
 
 2. Use of Selected Case Series in General. 
 
 (a) Starting an Original Search in Selected Case Series. 
 
 3. Search by Means of Digests of the Series. 
 
 4. The Use of Indices to Notes. 
 
 5. Relative Scope of Reported Cases and Notes. 
 
 6. Search Based on a Known Case. 
 
 7. Supplementing the Use of Selected Case Series. 
 
 8. Subsidiary Aids to Use of Selected Cases Series. 
 
 (a) L. R. A. Cases as Authorities. 
 
 (b) Notes on the American Decisions and American Reports. 
 
 (c) L. R. A. Red Book. 
 
 § 1. Introduction 
 
 There now remains for consideration only one important class 
 of books of either primary or secondary authority, namely, the Se- 
 lected Case Series of Reports. As to the general plan and purpose 
 of the Selected Case Series, the reader is referred to Chapter III, 
 § 7, above, where they are treated in connection with other im- 
 portant series of law reports. The methods of search to be applied 
 in the use of these books, and the manner of supplementing such 
 use, form the subject of this present chapter. 
 
 § 2. Use of Selected Case Series in General 
 
 In the use of any of the important series of selected cases, as in 
 that of digests and text-books, the methods of search divide them- 
 selves naturally into two classes : 
 
 (a) Those methods applicable when reference is had to a se- 
 lected case series in the first instance. 
 
 (b) Those methods applicable when he already has a "first case" 
 — a single case in point with his main case. 
 
 Although in the following explanation we shall for convenience 
 refer chiefly to the Lawyers' Reports Annotated, the course to 
 be pursued is practically the same with any other Selected Case 
 Series. 
 
 (a) Starting an Original Search in a Selected Case Series 
 
 When the investigator begins his initial search by going to the 
 Lawyers' Reports Annotated, two distinct, but similar, methods of 
 procedure. offer themselves. This is because, like any other anno- 
 tated Selected Case Series, the L. R. A. consists of two distinct 
 portions, namely: 
 
 (1) The reports of cases ; and 
 
 (2) The notes appended to such reports. 
 
 Now, what he desires is some case on his subject reported in 
 L. R. A., and perferably a case accompanied by a note also upon 
 
 214 
 
Ch. XIV) USE OF SELECTED CASES § 3 
 
 that subject. Accordingly, he may begin either by looking for an 
 ly. R. A. reported case or by looking for a note. His method of 
 search will depend upon which of these alternative courses he pur- 
 sues. 
 
 Let us assume, first, a search for a case reported in the Series. 
 This will be carried on in a digest. 
 
 § 3. Search by Means of the Digests of the Series 
 
 The cases reported in the L,. R. A. are, of course, primary authority 
 like any other law reports. The notes may be disregarded and the 
 Series approached like any other reports. Each decision is head- 
 noted, and all the cases reported in the series are digested in the index- 
 digests contained in each volume. There are also digests covering all 
 the cases reported in each series. Thus, for L. R. A. there is a three- 
 volume digest covering under a single alphabet all the cases in the 70 
 volumes of the original Series. Another digest has been issued for 
 Vols. 1 through 24 of the New Series, and temporary supplements 
 cover the later volumes. 
 
 Accordingly, a search may be originated in the digests for the Se- 
 ries, and an L,. R. A. reported case located in this way. 
 
 Illustration 
 
 Case. X., a guest at an inn, is injured by the collapse of a chair in 
 which he is sitting, and he sues the innkeeper. The question is raised 
 whether the mere proof of the injury to the guest establishes a prima 
 facie presumption of negligence on the part of the innkeeper, so that 
 the burden of proof rests upon the innkeeper of proving freedom from 
 neglect. 
 
 Turning to the digest for 1-24 L. R. A. (N. S.), and recognizing 
 that our question will most probably be covered by the topic Innkeep- 
 ers, we look for such title. ^ 
 
 The brief analysis of the topic shows us that Division III covers 
 "Rights of, and Liability to. Guests," of which subdivision (c) reads 
 "For injuries to persons or indignities to guest." Turning to the sub- 
 division indicated we find a case — that of De Wolf v. Ford, 21 L. R. 
 A. (N. S.) 860 — which involves a forcible entry by an innkeeper's 
 servant into the room of a woman guest, whereas the question in 
 which we are interested is that of negligent injuries. Moreover, this 
 case is not indicated as being annotated.^ 
 
 However, immediately preceding this paragraph are a number of 
 cross-references, including one which reads as follows : "Presumption 
 of negligence from injury to guest. See Evidence, 240." Following 
 this cross-reference we find that paragraph 240 of Evidence appears 
 under the section line "Of Innkeeper" and reads as follows : "An inn- 
 
 1 Reference Book, p. 696. 
 
 2 See Reference Book, pp. 696 to 607. 
 
 215 
 
I 3 HOW TO FIND THE LAW (Part II 
 
 keeper has the burden of absolving himself from negligence when a 
 guest shows a personal injury from the fall upon him of the upper 
 portion of a folding bed which he is occupying. Lyttle v. Denny, 20 ; 
 1027, 71 Atl. 841, 222 Pa. 395." 
 
 Turning to the report of the case in 20 L- R. A. (N. S.) we find 
 that the note is entitled, "Presumption of negligence of innkeeper from 
 injury to guest or his property." See Reference Book, pp. 39 and 40. 
 
 Of the cases cited, 25 involve loss of or injury to property of a 
 guest, indicating that most of the litigation has been upon the ques- 
 tion of property rather than that of personal injuries. However, one 
 case (Weeks v. McNulty) deals with the presumption of negligence 
 arising from an injury to the person of the guest. The citations for 
 this case show that, among other places, it is reported in 43 L. R. A. 
 185. This reference should be followed out, for it may lead to an 
 earlier note upon our point. However, on turning to 43 L. R. A. 185, 
 we find that the annotation to the case of Weeks v. McNulty is a 
 cross-reference note, which will lead the investigator to notes upon the 
 question of the "duties as to fire escapes," which do not bear directly 
 upon our problem. 
 
 It will be noticed that in locating the case of Lyttle v. Denny we 
 followed a cross-reference in the digest preceding a case which, though 
 not in point, dealt with a subject closely related to that under investi- 
 gation. This envphasizes the importance, already pointed out, of ex- 
 amining the cross-references under the analysis lines to which one first 
 turns in searching any digest. 
 
 The foregoing illustration of the method of finding the law in L. R. 
 A. by a search beginning in the digest does not purport to represent a 
 complete or thorough search, even as to that method. It only indicates 
 the procedure which should be followed and which should be applied 
 to each of the successive digests of the series in order. These digests 
 are as follows : 
 
 Digest of 1-70 L. R. A. 
 
 " i_24 " " " New Series. 
 
 " 25-36 " " " " " (Pamphlet Sup.'). 
 
 " 37-42 " " " " " (Pamphlet Sup.=). 
 
 It hardly seems necessary to remind the reader that the American 
 Decisions, American Reports, American State Reports, American An- 
 notated Cases, and American and English Annotated Cases each have 
 their own digests, and that these may be used in the same manner as 
 
 3 Eventually these temporary pamphlet supplements will be compiled to 
 form a permanent bound digest, as In the past. The latest supplement is al- 
 ways cumulated upon the issue of each new volume of L. R. A. until six vol- 
 umes are covered, when a new cumulative supplement is started. After two 
 six-volume digests have accumulated since the latest twelve-volume digest, 
 they are merged into a new twelve-volume digest 
 
 216 
 
Ch. XIV) USE OF SELECTED CASES § 4 
 
 those of L. R. A. They will be found listed in the Appendix, Chapter 
 6, List (e). 
 
 Having discussed the use of the digests as a means of locating the 
 law in a Selected Case Series, we come now to the consideration of the 
 second method available in an original search in such a series. 
 
 § 4. The Use of Indices to Notes 
 
 It has already been pointed out that the notes vary greatly in length, 
 and that the longer ones are in effect small topical digests, each cover- 
 ing a more or less narrow subdivision of the law. It follows from this 
 that the notes in L. R. A., considered collectively, are in effect a digest 
 of cases, the various sections of which are scattered through a large 
 number of volumes of reports. 
 
 Of course, as we have already seen, after a case to which a given 
 note is appended has been located through the L. R. A. Digests, in the 
 manner above described, the matter in the note is thereby made avail- 
 able indirectly ; but a direct method is also provided. 
 
 This consists of indices to notes for L,. R. A. A new Index has 
 just been issued (November, 1913) which, superseding all of the pre- 
 vious series of indices, covers under a single alphabet all the notes in 
 Volumes 1-70 L,. R. A. and 1^2 L. R. A. (N. S.). It will undoubted- 
 ly be supplemented by small pamphlet indices to the notes in later 
 volumes, and these in turn cumulated, as has been done in the past. 
 
 Let the reader regard the notes in L. R. A. as a digest in which 
 each note corresponds roughly to a section in the digest, and the new 
 Index to Notes as a subject index to that digest, and he may then ap- 
 ply methods of search similar to those that he has already used in the 
 use of digests and encyclopaedias. Stated somewhat differently, the 
 notes in L. R. A. are to be regarded as the sections of a general digest, 
 such sections being scattered through the various volumes of L. R. A. 
 The "indices to notes" have the same relation to the notes that a di- 
 gest index has to a digest, and are to be used in approximately the 
 same manner. 
 
 Illustrations * 
 
 Assuming once more that the brief maker is looking up the question 
 whether proof of injury to a guest at an inn raises a presumption of 
 negligence on the part of the innkeeper, let us turn to the new Index 
 to Notes for L. R. A. The word Innkeepers describes a party to the 
 suit, as well as being a regular title to almost any digest or index. It 
 appears as a title on page 731 of the Index to Notes and is followed 
 by an analysis. Division IV in which deals with "The Duty and Lia- 
 bility of Innkeepers," and refers us to §§ 6-12. Turning to these sec- 
 tions, we find that § 10 covers "Injuries to Person or Sensibili- 
 ties of Guest." The last Index line under this section reads as fol- 
 
 4 This illustration may be followed in the Reference Book, pp. 39, 40, and 
 
 eS7 to 689. 
 
 217 
 
§ 4 HOW TO FIND THE LAW (Part II 
 
 lows : "Presumption of neglect of innkeeper from injury to guest." 
 This is followed by a reference to 20 L,. R. A. (N. S.) 1027. The case 
 thus cited proves to be that of Lyttle v. Denny, and we find attached 
 to it a case note, with which we are already familiar, on the subject en- 
 titled "Presumption of neglect of innkeeper from injuries to guest or 
 his property." (See illustration in § 3, above.) 
 
 In connection with the Trinity Series, also, indices to notes have 
 been brought out at various times. _ 
 
 For the American Reports and the American Decisions a small 
 volume was published containing (1) an alphabetical table of all 
 the cases reported in these series, the titles being arranged under 
 a single alphabet; ° (2) an index to notes in both series. 
 
 In the back of Volume 5 of Green's Digest of the American State 
 Reports (a supplement which covers 121-140 Am. St. Rep.) an 
 index is found which covers the longer notes in that series (i. e., 1-140 
 Am. St. Rep.). 
 
 In addition to the foregoing, a volume containing a complete 
 list of cases in the American Reports, American Decisions, and 
 American State Reports, arranged alphabetically under the several 
 states, was published in 1911. This shows in black-faced type "the 
 cases to which notes are appended, and the subject of such notes," 
 and whether, down to date of writing, the cases had been affirmed, 
 reversed, or dismissed, on appeal from the state courts to the United 
 States Supreme Court.* Included as an appendix at the back of 
 the volume is an index to the "important notes," by which is ap- 
 parently meant those notes which were written by Mr. A. C. Free- 
 man, or under his direction.'^ This index to notes has recently been 
 brought down to date, so as to cover through Vol. 140 American 
 State Reports, and has been issued separately in pamphlet form. 
 The specimen pages in the Reference Book, pp. 673 to 678, are taken 
 from this pamphlet, not from the original publication. All the 
 smaller temporary indices to notes issued from time to time for 
 the Trinity Series have been superseded by one or another of those 
 which we have described above, and therefore no specific mention 
 need be made of them. 
 
 As regards the Selected Case Series not yet referred to, an index 
 to notes in Volumes 1-20 of the American and English Annotated 
 Cases was published in the front of the digest for the same vol- 
 umes. An index to notes has also been issued to cover notes in 
 Volume 21 American and English Annotated Cases and the first 
 six volumes of the new series, which continues both the American 
 
 » This list also appears at the back of Vol. 3 of Rapalje's Digest of the 
 American Decisions and American Reports. 
 
 See Reference P.ixjk, pji. 669 to 672, where specimen pages of this part of 
 the volume are reproduced. 
 
 7 See the dedication of the volume, which is reproduced on p. 670 of the 
 Reference Book. 
 
 218 
 
Ch. XIV) USE OF SELECTED CASES § 5 
 
 and English Annotated Cases and the American State Reports — 
 namely, the American Annotated Cases 1912A-1913B. This is in 
 pamphlet form, and it appears to be the intention of the publishers 
 to cumulate it from time to time, so as to cover, under a single 
 alphabet, the present notes and the notes issued hereafter. 
 
 The character, purpose, construction, and use of all the above- 
 mentioned indices to notes being the same as that of L. R. A. In- 
 dex to Notes, they require no further explanation. 
 
 § 5. Relative Scope of Reported Cases and Notes 
 
 The scope of a note in L,. R. A. is usually broader, and in many 
 instances much broader, than the point of the main case to which 
 it is appended. This statement applies with greatest force to the 
 subject notes in L. R. A. New Series. To illustrate, let us examine 
 the subject note which accompanies Whitehouse v. Jones, 12 L. R. 
 A. (N. S.) 49 (see Reference Book, p. 43). As pointed out else- 
 where, this note is in effect a small digest, covering "the effect of 
 a remedy at law upon the jurisdiction of equity to remove a cloud 
 on title." The analysis at the head of it shows that the note in- 
 cludes, in Division IVa, cases upon the "effect of federal statutes 
 enlarging equitable jurisdiction." On the other hand, the head- 
 notes of Whitehouse v. Jones, which this note annotates, show 
 that the case does not itself involve any question of statutory con- 
 struction or application. 
 
 One of the effects of the broader scope of the notes upon search- 
 ing a Selected Case Series by means of its digest may be noted 
 here. If the brief maker finds in such digest a paragraph which, 
 though not in point with his own case, yet covers matters collateral 
 to it, and if such paragraph in the digest is marked "annotated," 
 he should examine the note appended to the case. For, particu- 
 larly if it proves to be one of the larger notes, it may cover, not 
 only the phase of the law illustrated by the case annotated, but also 
 the collateral subject with which the brief maker is himself con- 
 cerned. 
 
 Again, where the scope of the note corresponds exactly with 
 the specific rule of law set forth in the syllabus of the main case, 
 it will often digest a considerable number of cases in which that 
 rule has been held to apply or not to apply, and these cases will 
 sometimes present widely varied states of fact. Accordingly, if 
 the rule of law applies to the brief maker's case, some of the cases 
 cited may be closely in point with it, even though the facts of 
 the annotated case are so different that it cannot itself be regarded as 
 in point as to fact with the brief maker's case. 
 
 There is another difference in the scope of the notes and that 
 of the reported cases which should be considered. The note at- 
 tached to a case normally grows out of a single point of such case 
 
 219 
 
8 5 HOW TO FIND THE LAW (Part II 
 
 as represented by the syllabus.* Thus ih the case of Lyttle v. 
 Denny the note annotates the first headnote, but not the second, 
 which last deals with a question of depositions. Thus many points 
 decided in the cases reported in L. R. A. do not come within .the 
 scope of the notes to such cases. These points are, of course, di- 
 gested in the several L. R. A. Digests. The same may be said of 
 those cases in the old series which are marked "not annotated," and 
 of those cases which in either series are annotated by cross-reference 
 notes only. 
 
 It follows that there are phases of the law covered by cases re- 
 ported in L. R. A. which do not come within the scope of the notes, 
 as well as phases of the law touched upon by the annotations, but 
 not represented among the cases reported. From a comparison of 
 the new Index to Notes with a digest of the Series, it seems clear 
 that, collectively, the regular text notes in the Series cover a broader 
 range of law than, collectively, do the cases reported in the Series. 
 Upon the cover of this new Index is a direction indicating that the 
 investigator should begin every search of L. R. A. therein. At 
 the same time any search which is to exhaust the possibilities of 
 a Selected Case Series should include the joint use of both the 
 index or indices to the notes thereof, and of the successive digests 
 of the cases reported in such series. 
 
 § 6. Search Based on a Known Case 
 
 The two methods of searching a Selected Case Series for prece- 
 dents, either by locating a case in point or a note upon the subject 
 under consideration, are both applicable to an initial search — the 
 pursuit of a first case. In many instances, however, the investi- 
 gator will have his first case before he turns to a Selected Case 
 Series. If the case is reported in L. R. A., but he has not a direct 
 citation to volume and page of that Series, he may obtain the de- 
 sired citation in one of several ways:" 
 
 (1) By use of the D. R. A. Parallel Tables (see Chapter VI, 
 
 (2) By means of the Tables of Cases Digested in the L. R. A. 
 
 Digests; or 
 
 (3) By reference to the Decennial Table of Cases, if his first 
 
 case was decided prior to 1907. 
 
 8 This statement requires a possible quallfloation that although, If several 
 of the syllabi are closely similar (as, if they would both fall under the same 
 Key-Number In a standard di^'est), the note may be so broad as to include all 
 points which they cover. This, however, does not often happen. 
 
 Reference is here made only to L. R. A., but the same means are avail- 
 able for the American Decisions, American Reports, and American State Re- 
 ports. And for locating a known case in the "Trinity" series there is another 
 and more convenient means at hand — the "Alphabetical Tables of Cases Re- 
 ported," referred to in the preceding subsection (illustrative pages from which 
 appear in Reference Book, pp. 6(i9 to 672). 
 
 220 
 
Ch. XIV) USB OP SELECTED CASES § 7 
 
 Having obtained his citation by one of these means, he will next 
 turn to the report of the case in L. R. A., which may or may not 
 prove to be annotated. If the case is annotated, the annotation 
 may be an extensive or limited note covering his point, or a refer- 
 ence to some other L,. R. A. case on the same point which has been 
 annotated. In many instances, the annotation will be on some 
 other point of the main case than that in which he is interested. 
 
 If a long note on his point is found, it will usually cover, not 
 only cases strictly in point, but analogous cases which may be of 
 considerable value, as rounding out the view of the whole subject 
 under investigation. 
 
 Illustration. To illustrate, let us suppose once more that we are 
 interested in the question whether an innkeeper is liable for a per- 
 sonal injury to a guest, and that we have in one way or another 
 located the case of Lyttle v. Denny, 222 Pa. 395, as being in point. 
 To get the L. R. A. citation to this case, we turn to the L. R. A. 
 Parallel Citations (see Reference Book, p. 760), where we find that 
 the case is reported in 20 L. R. A. (N. S.) 1027 (for report of case, 
 see Reference Book, p. 39). In the "case note" to this case we 
 find a statement of the ancient rule of common law holding an inn- 
 keeper liable as insurer for the safety of the property of his guests, 
 and about 25 cases cited on that point. The cases on injury to 
 the guest's property, though not strictly in point, are nevertheless 
 of value, in the absence of other cases directly on our question. 
 
 § 7. Supplementing the Use of Selected Case Series 
 
 Let us suppose that in any of the foregoing ways the brief maker 
 has reached a case in the Selected Case Series. Assuming that the 
 case is annotated, and again selecting the Lawyers' Reports Anno- 
 tated for purposes of illustration, it is obviously important to sup- 
 plement the annotation by a search for later cases in point. In 
 other words, it is necessary to find, by some means, cases as 
 follows : 
 
 For every note, long or short, the latest cases on the sub- 
 ject — those decided since the note was prepared. 
 For "case notes" in the new series, and starred notes in 1-70 
 L. R- A. (that is, for those notes which do not undertake 
 to be exhaustive), the cases not included in such notes. 
 
 The note may best be supplemented in the same way that a text- 
 book or encyclopaedia is supplemented — by making the information 
 found therein a key to similar and later cases in the American 
 Digest System. Let us take an illustration. 
 
 Suppose that we are interested in the liability of an innkeeper 
 
 221 
 
§ 7 HOW TO FIND THE LAW (Part II 
 
 for personal injury to a guest at his inn, and that we have begun 
 our search by going to L,. R. A. 
 
 Having located the case of Lyttle v. Denny, 20 L. R. A. (N. S.) 
 (see Reference Book, p. 39) as in point, we find appended to the 
 report of the case a "case note" of which the scope is indicated as 
 "Presumptions of Negligence of Innkeeper from Injury to Guest 
 or his Property." The date of the case being given as January 
 4, 1909, we may assume that it is digested in Vol. 5 or 6 of the 
 Key-Number Series. On turning to the Table of Cases Digested in 
 Vol. 6, we find that our point of the case is digested under the topic 
 Innkeepers, § 10 (see Reference Book, pp. 529 and 534). This key- 
 number refers us to the Decennial Digest (and so, indirectly, to the 
 Century Digest), where the earlier cases not included in the L. R. 
 A. "case note" may be found. 
 
 Turning, now, to the Cumulative Table of Key-Number Sec- 
 tions,^" we find that there are cases under Innkeepers, § 10, in Vols. 
 1, 2, 3, 5, 6, 8, 9, 11, and 12 of the Key-Number Series. And for 
 the very latest possible cases on the question we may trace the 
 Key-Number into the late volumes and advance sheets of the dif- 
 ferent Reporters. 
 
 § 8. Subsidiary Aids to Use of Selected Case Series 
 
 As explained elsewhere, there are certain subsidiary aids to the 
 use of the Selected Case Series, the use of which must be consid- 
 ered at this point. These books are designed to assist the inves- 
 tigator in judging by external facts the value of cases found re- 
 ported in the Selected Case Series which he has consulted. 
 
 (a) L- R. A. Cases as Authorities 
 
 This four-volume compilation shows in what later cases (down 
 to 1905) the various cases reported in 1-50 D. R. A.^^ have been 
 cited. The matter relating to each L. R. A. case is arranged under 
 the title of such case, and the titles appear in the same order in 
 which the cases themselves are found in L. R. A. itself. 
 
 This publication is in the nature of a citation book, but, unlike 
 the usual citation book, it indicates by a brief text statement the 
 character of the citing case. 
 
 The purpose and manner of using it is, however, precisely the 
 same as that of a citation book. 
 
 To illustrate: Let us assume that we are interested in the ques- 
 
 10 See Reference Book, p. 430. 
 
 11 A new edition of L. R. A. Cases as Authorities is now in course of prep- 
 aration. It Is announced as a six-volume work, and will cover 1-70 L. E. A., 
 Instead of the first fifty volumes only. The sixth volume will include a new 
 Issue of the Red Book, covering down to and including Vol. 42 L. R. A. A'ew 
 Series. 
 
 222 
 
Ch. XIV) USB OP SELECTED CASES § 8 
 
 tion of what are necessaries for which an infant will be held liable 
 on his contract, and that in one way or another we have found the 
 case of Kilgore v. Rich, 12 L. R. A. 859, as one of our authorities 
 on the question. 
 
 Desiring to learn the weight to be assigned to this case, we 
 turn to L. R. A. Cases as Authorities, in volume 2 of which we 
 find the titles of cases reported in 12 L,. R. A. Running through 
 these cases until we come to the citation "12 L. R. A. 859," we find 
 it followed by the title Kilgore v. Rich — with the parallel citations 
 to other sets of reports. Under this citation are three short para- 
 graphs, the first of which shows that on the question of "what are 
 necessaries" Kilgore v. Rich has been cited in three cases. (See 
 Reference Book, p. 748.) By turning to the reports of the citing 
 cases, we are able to get some light on the weight which the courts 
 have given in these later cases. 
 
 (b) Notes on the American Decisions and American Rcj^orts 
 Similar to the L,. R. A. Cases as Authorities, both in purpose and 
 
 arrangement, is a recent twenty-volume publication "Notes on 
 the American Decisions and American Reports." This compila- 
 tion was prepared by the editors of L. R. A. No additional ex- 
 planation or illustration of its use is necessary, as it is the same 
 as the use of L. R. A. Cases as Authorities. 
 
 It may be added that an "extra-annotated" edition of the Amer- 
 ican Decisions and American Reports has been published recently. 
 The extra annotations in this edition consist of the matter con- 
 tained in the aforesaid "Notes on the American Decisions and Amer- 
 ican Reports," the notes for each particular volume being published at 
 the back of that volume of reports. 
 
 Illustrative pages from the "Notes on the American Decisions" will 
 be found in the Reference Book, pp. 749 to 752, which the reader 
 should compare with those from L. R. A. Cases as Authorities (Ref- 
 erence Book, pp. 746 to 748.) 
 
 (c) L. R. A. Red Book 
 
 This is a brief name given to a volume the full title of which is 
 "L. R. A. Cases Cited in L. R. A. Notes." It covers 1-70 I.. R. 
 A. and 1-21 L. R. A. New Series.^^ 
 
 The Red Book, though not a citation book, is similar in char- 
 acter. It is arranged in the same way as a citation book (by cita- 
 tion to volume and page in the order in which the cases are reported 
 in D. R. A.), and shows in what notes to later cases in the series, each 
 L. R. A. reported case has been cited. ^^ 
 
 12 Most of the matter in the Red Book is found also in the "L. R. A. Cases 
 as Authorities." 
 
 13 See Chapter VI, § 6 (d), above. 
 
 223 
 
§ 8 HOW TO FIND THE LAW (Part II 
 
 The purpose is obvious — i. e., to enable one who has identified 
 a case reported in L. R. A. as covering the point in which he is 
 interested to find, in later volumes, notes which touch upon his ques- 
 tion. (The Red Book does not indicate on which point of the 
 first case the note bears. The searcher must examine all notes re- 
 ferred to, in order to ascertain whether or not they have a bearing 
 on his question.) 
 
 No illustration of the use of the Red Book seems necessary, but 
 the reader is advised to examine the illustrative pages found in 
 the Reference Book, pp. 753 to 756. 
 
 224 
 
Ch. XV) SELECTING, VALUING, AND VERIFYING AUTHORITIES § 1 
 
 CHAPTER XV 
 
 SELECTING, VALUING, AND VERIFYING AUTHORITIES 
 
 § 1. Introduction. 
 
 2. Selection of Authorities. 
 
 3. Notes of Investigations. 
 
 4. Verification of Authorities. 
 
 (a) Illustration. 
 
 5. Determining Value of Authorities. 
 
 6. Same — Finality of Decision. 
 
 7. Same — Past Judicial History of Principle. 
 
 8. Same — Subsequent Judicial History of the Case. 
 
 (a) Citation Books or Citators. 
 
 (b) Shepard's Citators and Citation Books. 
 
 (c) Supplements for Each Citator of the Shepard Series. 
 
 (d) Miscellaneous. 
 
 9. Notes to Cases. 
 
 10. Same — Reference to Text-Books. 
 
 11. Use of Analogous Cases. 
 
 12. Conclusion. 
 
 § 1. Introduction 
 
 The preceding chapters have been designed to explain what may be 
 called the mechanical side of brief making; that is to say, to explain 
 the tools to be used by the brief maker and the methods of using them. 
 
 In the first division of the book, the reader's attention was con- 
 fined to a description of the various classes of law books — books of 
 primary authority, those that contain the law; books of secondary 
 authority, those that explain or summarize the law ; and search books, 
 books for finding the law. In this second division the uses of the var- 
 ious classes of books in finding the law have been discussed, together 
 with the various methods of finding a "first case," and, finally, of us- 
 ing that case as a clue to other cases in point. 
 
 The result of an exhaustive search for authorities is usually the 
 collection of a large number of citations of cases. It may be assumed 
 a priori that some of these are of greater value to the brief maker than 
 others, and that some of them, though apparently applicable to the 
 question at issue, will, on further investigation, prove to be so variant 
 in facts as to be of no value to him. Therefore there is presented to 
 the brief maker the problem of selecting from this mass of citations so 
 collected the particular cases that are of real value and influence as 
 authorities on the problem in hand. Just as a thorough analysis of 
 the facts was necessary preliminary to any search for authorities, so a 
 careful analysis, comparison, and weighing of the authorities is neces- 
 sary before the lawyer proceeds to the actual composition of his brief. 
 The third division of this book is devoted to a discussion of precedents 
 and statutes as authority and the rules which govern the weight to be 
 assigned to them. It is the purpose of this chapter to outline in a 
 general way the steps that should be taken by the brief maker in se- 
 Bkief Mak.{.3d Ed.)— 15 22.5 
 
§ 2 HOW TO FIND THE LAW (Part II 
 
 lecting, verifying, and valuing the authorities which he has collected, 
 and to explain the use of certain mechanical devices designed to aid 
 him in that branch of his investigations. 
 
 § 2. Selection of Authorities 
 
 As stated above, the search for authorities usually brings to light a 
 large number of cases, some of which are apparently on all fours with, 
 while others are more or less closely analogous to, the case under in- 
 vestigation. These cases may fall into three groups, namely: (1) 
 Cases supporting the brief maker's theory of the case ; (2) cases con- 
 trary to the brief maker's theory of the case ; (3) a few cases which, 
 perhaps, cannot be assigned to either side of the proposition without 
 close examination and study. 
 
 Out of the first and third groups of cases the brief maker must se- 
 lect the cases on which he intends chiefly to rely in his argument. As a 
 guide to the proper selection, he must not only verify these cases, but 
 he must also value them, in order to determine their weight as author- 
 ities. Similarly, he must weigh and value the cases that are apparently 
 against him, in order that he may correctly estimate the strength of the 
 forces opposed to him and prevent cases adverse to his views from be- 
 ing given any undue weight in the decision of the case. Before he en- 
 ters upon the final preparation of his brief, he should know the strength 
 of his own weapons of attack, and should have at least a reasonably 
 definite estimate of his adversary's weapons.^ 
 
 § 3. Notes of Investigations 
 
 The work of verifying, valuing, and selecting authorities is one of 
 some magnitude, and if the brief maker would avoid wasting his labor 
 and his time, that work should' be carried on according to some well- 
 arranged system, and memoranda should be made of all investigations.. 
 Otherwise, there is danger that the brief maker will materially increase 
 his labors by duplicating his work. 
 
 It is almost axiomatic that unnecessary duplication should be avoid- 
 ed. It should not be necessary to examine any statute or decision more 
 than once, unless it is unusually important or difficult. Consequently 
 
 1 There is a picturesque, but entirely authentic, story which illustrates the 
 importance of gathering all possible external, as well as internal, evidence as 
 to the value of a particular case. A lawyer in a AYestern state cited in his 
 brief a case (on all fours with that at bar) decided by the New York Court of 
 Appeals. His opponent, B.. cited the decision of the New Y'ork Supreme Court 
 in the same case, which was diametrically opposite to that of the New York 
 Court of Appeals. 
 
 In disposing of the case at bar, the court decided for R., specifically basing 
 its decision on the New York law as evidenced by the case cited by both 
 attorneys. Neither of the attorneys nor the court recognized or seemed aware 
 that the Court, of Appeals is the highest court of New York state, and that in 
 the case cited it was the Court of Appeals which reversed the decision of the 
 Supreme Court, and not the Supreme Court of New York which reversed the 
 Court of Appeals. (See List of Appellate Courts in Chapter 7 of the Ap- 
 pendix.) 
 
 226 
 
Ch. XV) SELECTING, VALUING, AND VERIFYING AUTHORITIES § 3 
 
 it IS advisable that the brief maker should keep a more or less com- 
 plete record of every citation examined. 
 
 This record of citations should contain a memorandum, however 
 short, indicating whether the case is valuable or valueless, and wheth- 
 er it is favorable to the brief maker's side of the argument or likely to 
 be used by his adversary. As the search for and investigation of au- 
 thorities proceed, the value of such memoranda will become manifest. 
 Moreover, memoranda of this sort, if preserved, may obviate the ne- 
 cessity of investigating the question anew at some future day. 
 
 Various methods of keeping such a record have been suggested. 
 Some writers on preparation for trial advise the use of notebooks 
 for preserving a record of citations of and comments on the cases 
 examined. The ordinary form of notebook is not good for the pur- 
 pose, because there is no way of arranging and correlating similar or 
 related cases, and, moreover, the memoranda on a single case may be 
 widely separated by reason of the intervening pages becoming filled 
 with memoranda relating to other cases. 
 
 We therefore suggest that either the loose-leaf notebooks, such as 
 can now be obtained in almost any size and shape, or a card plant, 
 be used. With either a loose-leaf notebook, or a card plant, all in- 
 formation regarding a case examined can be brought into juxtaposi- 
 tion, and furthermore, if a card or page be devoted to each case lo- 
 cated or examined, the cases may be arranged alphabetically, chrono- 
 logically, by points of law, or by jurisdiction, as may be desired. 
 
 If a card plant be used, each case found and investigated should be 
 placed on a separate card ; the title, date, and all parallel citations 
 being given. These cards are arranged alphabetically by the titles. In 
 making an exhaustive search for authorities, and using all sources of 
 information, a particular citation will probably turn up several dif- 
 ferent times. If the card plant is arranged alphabetically, it is easy to 
 check against it, and thus avoid duplication of citations. 
 
 On these cards should also be entered general memoranda indicat- 
 ing the value of the case — such as "Not in point," "Adverse," "Dis- 
 tinguished in Doe v. Rae, 215 111. 613," "Overruled in Smith v. Jones, 
 185 Mass. 216," "Overrules Brown v. Robinson, 151 Ind. 319," "De- 
 cided under Statute," "Construing Gen. Statutes, ch. 5, § 8," etc. 
 
 Whenever the case investigated proves to be of exceptional strength, 
 whether it is in one's favor or adverse, a brief memorandum of the 
 facts and holding, similar in character to a digest or index paragraph, 
 with perhaps a short quotation from the opinion, should be entered at 
 once on cards to be placed behind the title card. So, too, if valuable 
 comment on the case should be discovered in a case subsequently ex- 
 amined, or in a text-book, a memorandum thereof should also be en- 
 tered on a card to be placed behind or pinned to the title card of the 
 case commented on. These subsidiary cards may advantageously be 
 of a different color from the title card. 
 
 227 
 
§ 3 HOW TO FIND THE LAW (Part II 
 
 The notes obtained are thus preserved in a form admitting of easy 
 reference in preparing both the trial brief and the brief on appeal. 
 Moreover, by providing a proper receptacle, each group of cards can 
 be preserved indefinitely in shape for easy reference at any time 
 when it becomes necessary to investigate the same question anew for 
 another case. It will then be necessary to search for and verify au- 
 thorities only for the period since the date of the former investigation. 
 
 The details of these various methods may not be applicable to every 
 investigation, and, besides, one can usually make for one's own use a 
 plan the details of which are more satisfactory than any suggested by 
 another person; but, with these limitations, it may be said that the 
 brief maker should at the outset learn how to make with discrimina- 
 tion and accuracy the memoranda, short or long, which, when sifted, 
 expanded, corrected, and arranged, grow into a brief. 
 
 The suggestions as to keeping notes are made because very few per- 
 sons have any knowledge of the principles of indexing, and the mem- 
 oranda obtained during the examination of authorities practically serve 
 as an index of the law of the case under investigation. 
 
 § 4. Verification of Authorities 
 
 The brief maker must always bear in mind the fact that, though 
 text-books, encyclopaedias, digests, and the like are important aids in 
 looking up the law, they themselves are not authority. The fact that a 
 case is cited as supporting a certain principle in a text-book, encyclo- 
 paedia, or annotation, or even by a court in some later decision, is not to 
 be accepted as final. It is only the decision itself that is authority, and 
 in every instance the decision should, if possible, be examined for the 
 purpose of ascertaining whether it does in fact support the proposition 
 to which it is cited. 
 
 The "first case" obtained by the brief maker, which, as pointed out 
 in Chapter X, is to serve as the key to other cases, should be carefully 
 analyzed and verified at once, in order to determine whether it is in 
 fact, a case in point. Otherwise it may lead the brief maker astray, 
 because of its variance from the question under investigation. 
 
 It is almost unnecessary to say that, if the controversy for which a 
 brief is being prepared involves several different questions, necessitat- 
 ing as many independent searches for authorities, each set of au- 
 thorities must be examined and verified, and the memoranda obtained 
 on each set kept separate. 
 
 Too much stress cannot be laid on the importance of verifying the 
 authorities. There is a tendency on the part of the young brief maker 
 to regard those books which are in fact mere tools for finding the law 
 as authorities which can be relied on and cited as controlling. Un- 
 fortunately, too, a similar tendency may be observed in a few courts. 
 There is absolutely no justification for this practice, and the student 
 
 228 
 
Ch. XV) SELECTING, VALUING, AND VERIFYING AUTHORITIES § 4 
 
 or young lawyer should carefully avoid such unwarranted methods of 
 brief making. The day will surely come when it will spell disaster for 
 him. 
 
 The Table of Cases Digested in the volumes of the American Di- 
 gest Continuations may be used to advantage sometimes* to simplify 
 and reduce the labor of verifying authorities. 
 
 (a) Illustration 
 
 Let us suppose the brief maker is interested in the question whether 
 the appellate court will review the discretion of the trial court in rul- 
 ing that a witness tendered as an expert possesses the necessary qual- 
 ifications. By the descriptive words "discretion of court" a paragraph 
 is located in Vol. 4 Key-Number Series in Appeal and Brror, § 970, 
 to the effect that ''whether a witness tendered as an expert possesses 
 the requisite qualifications rests largely in the discretion of the trial 
 court, and its decision will not be disturbed unless clearly erroneous." 
 To this proposition three cases are cited, viz., Chicago Great Western 
 Ry. Co. V. McDonough, 161 Fed. 657, Mabry v. Randolph (Cal.) 94 
 Pac. 403, and Florala Sawmill Co. v. Smith (Fla.) 46 South. 332. Of 
 course, these cases are equally authority for this abstract proposition, 
 and the brief maker may very properly cite them all. But, recogniz- 
 ing that, if one of them involves the same kind of expert testimony 
 as does the case he is investigating, it is jiist as valuable to him as 
 all these cases, he would under ordinary circumstances note these 
 citations and proceed to the library to examine the cases. His case 
 involves expert testimony as to the value of land. He examines 
 these reports in the library, and discovers that the Mabry Case is the 
 only one that involves a similar question. Now, he could have dis- 
 covered that fact very easily without leaving his office, by using the 
 table of cases digested in Vol. 4 Key-Number Series. As has been ex- 
 plained elsewhere the method is as follows : 
 
 Turning to the table of cases digested, he locates in the table the 
 case of Chicago Great Western Ry. Co. v. McDonough, and finds that 
 it is also digested in the topic Master and Servant, § 217. Referring 
 to that topic and section, he learns that this is a personal injury case. 
 Pursuing the same method, he finds that Florala Sawmill Co. v. Smith 
 is also a personal injury case. Mabry v. Randolph is digested in sev- 
 eral topics, and among them Evidence, § 546. Referring to that sec- 
 tion, he finds that one of the questions involved therein is the compe- 
 tency of an expert to testify to the value of land. Consequently, while 
 all of the cases might be cited in his brief, the Mabry Case, being al- 
 most on all fours with his, is the best one to cite, and is sufficient in it- 
 self, though a memorandum of the other cases should also be pre- 
 
 * Also see Chapter X, § 7, on the use of digests for finding the facts of a 
 rase when no report of it is available. 
 
 229 
 
§ 5 HOW TO FIND THE LAW (Part II 
 
 served to insure against a duplication of labor by examining them 
 again. In other words, without leaving his office or resorting to an- 
 other book, he has been able, by using the table of cases digested, to 
 determine the facts in the case cited. This method can, of course, be 
 pursued in any instance when the digest paragraph is either wholly 
 or partially abstract, or whenever a number of cases are cited to an 
 abstract proposition as in some of the earlier digests and it is desired 
 to select the particular case or cases that are most nearly analogous to 
 the case at bar. 
 
 § 5. Determining Value of Authorities 
 
 The general rules by which the weight of a decision, as such, is to 
 be determined, will be stated and discussed in the third division of this 
 volume. There are, however, a few mechanical tests that can be ap- 
 plied, the results of which will not only aid the brief maker in estimat- 
 ing the value as authorities of cases developed by his search, but they 
 may lead him to a few additional cases corroborative of his general 
 theory of the case at bar, though not exactly in point as to the facts. 
 
 Moreover, cases discovered which are apparently opposed to the 
 brief maker's theory of the case, and hence likely to be used by his ad- 
 versary, should be carefully verified and valued, and full memoranda 
 made, in order that the advocate may be prepared to show their weak- 
 ness or inapplicability to the case at bar, without the necessity of mak- 
 ing an investigation during the progress of the trial or argument. 
 
 § 6.' Same — Finality of Decision 
 
 In view of the fact that in a number of states there are interme- 
 diate courts of appeal, and the further fact that in other states a 
 decision of the appellate court may be subsequently modified on 
 rehearing, it is necessary that the brief maker, before he adopts a 
 case as authority, should determine whether the decision is final. 
 Unless the case is a recent one, the necessary information to en- 
 able him to decide this fact will in all probability appear with the 
 citation of the case in the digest where the case was found. If, 
 however, the case is a recent one, he will probably be obliged to 
 resort to the Tables of Cases Affirmed, Reversed, or Modified, 
 found in each volume of the American Digest, Key-Number Series, 
 or to other tables contained in the volumes of the National Re- 
 porter System, which show whether a rehearing or writ of error 
 has been granted. 
 
 The Table of Cases Affirmed, Reversed, or Modified, contained 
 in the Key-Number Series, is especially valuable to the brief mak- 
 er. That table, as explained in Chapter VI, shows what cases have 
 been affirmed, reversed, or modified by decisions included in the 
 particular volume of the digest in which the table is found. The 
 
 L'."0 
 
Ch. XV) SELECTING, VALUING, AND VERIFYING AUTHORITIES § 6 
 
 purpose of the table is, of course, to guard the practitioner from 
 citing cases that have been reversed or modified by later decisions. 
 
 Illustration 
 
 For example, suppose that the brief maker is interested in a case 
 involving the liability of a vendor of diseased meats to one injured 
 by eating thereof. He has found in Vol. 2, Key-Number Series, 
 in the topic Food, § 25, the case of Tomlinson v. Armour & Co., a 
 case decided by the New Jersey Supreme Court and reported in 
 65 Atl. 883. (Reference Book, p. 457.) He desires to know wheth- 
 er this case can be cited safely as authority, and to determine that 
 he must know, first, whether it has been afifirmed, reversed, or 
 modified by the New Jersey Court of Errors and Appeals. He 
 therefore turns to Vol. 3, Key-Number Series, and consults the 
 Table of Cases Affirmed, Reversed, or Modified. He finds no cita- 
 tion of the Tomlinson Case in that table. He then consults the ta- 
 ble in Vol. 4, Key-Number Series.- He finds the Tomlinson Case 
 cited there, with the information that it was reversed in 70 Atl. 
 314, with references to the places in Vol. 4, Key-Number Series, 
 where the reversing decision is digested. He is thus guarded 
 against citing a case which has been reversed. 
 
 In determining the value of a recent decision, it is sometimes 
 necessary to know whether a rehearing has been granted, or wheth- 
 er a petition for rehearing is pending, in such case. This informa- 
 tion is conveyed to the brief maker by tables which appear in the 
 advance sheets and bound volumes of the Reporter System. So, 
 too, in the volumes of the Reporter System may be found corre- 
 lated tables showing those cases in which a rehearing has been 
 denied without a written opinion. These tables should, of course, 
 be consulted in order to determine whether the recent decision is 
 final or not. 
 
 Similarly there will be found in the volumes of the Reporters, ta- 
 bles showing in what cases decided by the Texas Courts of Civil 
 Appeals writs of error to the Supreme Court have been denied. 
 This information is also necessary to the brief maker, in order that 
 he may determine the finality of a recent decision of the Texas 
 Court of Civil Appeals. 
 
 Attention has also been called in Chapter XI, § 2, to the Table of 
 Cases in which petitions to transfer to court in banc have been filed. 
 This table applies especially to Missouri cases, and should be con- 
 sulted when a recent Missouri case is decided in division, because, 
 if it appears from this table that a petition has been filed in such 
 case to transfer it to a court in banc, the decision is not final, but 
 must await the result of the decision by the court in banc. 
 
 2 See Reference Book, p. 509. 
 
 231 
 
§ 7 HOW TO FIND ■ THE LAW (Part II 
 
 § 7. Same — Past Judicial History of Principle 
 
 After completing the search for authorities in the digests, text- 
 books, and encyclopedias, it is wise to check the list of authorities 
 thus obtained by the cases cited in the opinions of the cases relied 
 on. The cases thus cited should then be examined to trace the 
 past judicial history of the principle on which the decision rests 
 and which is presumably the one on which the brief maker relies. 
 Here, again, full and systematically arranged memoranda will save 
 much duplication of work. The origin and history of the principle 
 may throw additional light on its application to the facts in the 
 case at bar. 
 
 The past judicial history of the principle can also be studied to 
 advantage through the medium of an annotation in one of the series 
 of selected cases, if it is found that the principal case is published 
 in one of those series. 
 
 § 8. Same — Subsequent Judicial History of the Case 
 
 When the brief maker has completed his search by pursuing 
 the various methods of locating precedents, which have been de- 
 scribed in the foregoing chapters, it is important that he should 
 ascertain so far as possible the weight to be assigned to the various 
 cases he has located. This requires investigation of the subse- 
 quent history of each case. We have already seen, in section 6 
 above, how he may learn whether a decision has been reversed, 
 affirmed, or modified on a later hearing or on appeal in the same 
 case; but a careful brief maker will desire to know also how each 
 case in point has been regarded by the courts subsequently to its final 
 disposition, as indicated by judicial references to it in later cases. The 
 only sources of such information are Citation Books and Citators (and 
 similar books, such as Rose's Notes, Notes on Illinois Cases, etc., al- 
 ready mentioned). 
 
 (a) Citation Books or Citators 
 
 Although many improvements have recently been introduced, 
 and the preparation of this class of books has been developed and 
 reduced to a system in Shepard's Citations,'' the Citation Book is 
 by no means a new species of publication. In its simplest form it 
 consists of a list of cases that are reported in a particular series of 
 reports. Under each case are given the citations to all cases in 
 the same and often in other series of reports in which the main case 
 has been cited. In general, if the citing case affirms, reverses, over- 
 rules, approves or disapproves, criticises, or distinguishes the cited 
 case, even the older Citation Books will indicate that fact. 
 
 3 A list of tlie various Shepard's Citations will be found in Chapter 5 of 
 the Appendix. These books have also been described in a general way in 
 Chapter VI above. 
 
 232 
 
Ch. XV) SELECTING, VALUING, AND VERIFYING AUTHORITIES § 8 
 
 In most Citation Books the cases cited are arranged in the order 
 in which they appear in the reports, but in some, and more par- 
 ticularly in the earlier ones, the titles as well as the citations are 
 given, and in these instances the cases are often arranged alphabet- 
 ically. 
 
 Illustration 
 
 Suppose that in our search the investigator has located the case 
 of Campbell v. Phelps, 1 Pick. (Mass.) 62, as being in point. Turn- 
 ing to Williams' Massachusetts Citations we find that the full titles 
 of the cited cases are given and that they are arranged in their 
 alphabetical order (see Reference Book, p. 736). Campbell v. Phelps 
 appears on page 101, and under it appears the following paragraph: 
 
 Campbell v. Phelps, 1 Pick. 62. 
 
 See Pervear v. Kimball, 8 Allen, 200; El- 
 liott V. Hayden, 104 Mass. 181. 
 
 0. Eastman v. Winship, 14 Pick. 48; Par- 
 sons V. Winchell, 5 Gush. 594; Todd v. 
 Old Colony & Fall River R. E., 3 Allen, 
 20; Henderson v. Stamford, 105 Mass. 
 507; Byers v. Franklin Coal Co., 106 
 Mass. 137. 
 
 From this paragraph we learn that Campbell v. Phelps was distin- 
 guished or criticised in the first two citing cases, but as to the other 
 citing cases it shows only that they did cite the Campbell Case. (See 
 Table of Abbreviations, Reference Book, p. 734.) 
 
 (b) Shepard's Citation Books 
 
 Reference has already been made in a previous chapter to a series 
 of citation books known as "Shepard's Citations." Books of this se- 
 ries or system have already been issued for the Federal Reporter, for 
 several of ihe other Reporters, and for most of the individual state 
 reports. The citation book has reached its highest development in the 
 later issues of this series, to which we may therefore give special at- 
 tention. 
 
 Shepard's Dakota Citations and Key-Number Annotations, pub- 
 lished in 1912, will serve to illustrate the system. Illustrative pages 
 of this volume will be found in the Reference Book, pages 713 to 731. 
 
 The book is divided into four parts. 
 
 Part 1 covers the Dakota Territorial Reports, of which there are 
 six volumes. It shows where each case has been cited by the courts 
 of« North and South Dakota and Dakota Territory, or has been af- 
 firmed, reversed, or modified on an appeal to the United States Su- 
 preme Court. It further shows what cases have been cited in the 
 notes in L. R. A. 
 
 Part 2 covers 1-18 North Dakota Reports in the same manner; and 
 
 Part 3 covers 1-25 South Dakota Reports. 
 
 233 
 
§ 8 HOW TO FIND THE LAW (Part II 
 
 Illustration 
 
 The case of State v. Kent is reported in 5 N. D. 516. In Part 2 of 
 Shepard's Citations (as in the other three parts) the citations to the 
 cited cases are arranged by volume and page in the order in which they 
 appear in the reports. Titles are not given. Turning to page 12 (see 
 Reference Book, p. 720) we find the following: 
 
 Vol. 5 
 
 North Dakota 
 
 (page) — 516 — 
 
 s 67N.W. 1052 
 s 35L.R.A. 518 
 f 24 S.D. ^594 
 
 24 S.D. "599 
 
 14 N.D. "329 
 f 8 N.D. '°557 
 
 13 N.D. "326 
 
 14 N.D. "526 
 d 16 N.D. "439 
 f 18 N.D. '=595 
 
 62 L.R.A. '=202n 
 
 f 8 N.D. '°562 
 
 f 13 N.D. "558 
 
 7 N.D. =" 63 
 
 24L.N.S. ='780n 
 
 24 D.N.S. ='782n 
 
 This gives us the judicial history of the case reported in Volume 
 5 North Dakota Reports on page 516; i. e., the case selected for this 
 illustration. The column indicates the following facts: 
 
 In the first place, it gives the parallel citations ; that is, it shows that 
 it is the same case ("s") as 67 Northwestern Reporter 1052, and that it 
 is also reported ("s" same case) in 35 Lawyers' Reports Annotated 
 (Iv. R. A.) page 518. 
 
 The remaining lines show that the case has been cited many times 
 in both the North and South Dakota Reports and twice in the notes 
 in the Lawyers' Reports Annotated. 
 
 The reader will observe, from examination of the report of the 
 case in 5 N. D. (see Reference Book, pp. 11-16) that the court passed 
 upon a large number of points. It may be assumed that the brief mak- 
 er will be interested in only one or two points of the case. To save him 
 from wasting time in investigating cases upon any of the other points, 
 the citations have been carefully analyzed and the extent to which each 
 point has been regarded as an authority in the citing case is precisely 
 indicated. Thus : 
 
 As to the point covered in the first paragraph of the syllabus it has 
 been followed (f) in 24 S. D. page 594 and cited in 24 S. D. page 599. 
 
 As to paragraph 5 it has merely been cited in 14 N. D. 329. 
 
 As to paragraph 12 it has been distinguished (d) in 16 N. D. page 
 439, followed (f) in IS N. D. page 595, cited in 14 N. D. page 526 
 and cited in the notes (n) of the Lawyers' Reports Annotated, Vol. 62, 
 page 202. 
 
 234 
 
Ch. XV) SELECTING, VALUING, AND VERIFYING AUTHORITIES § 8 
 
 As to paragraph 24 it has been cited in the notes of the I^awyers' 
 Reports Annotated, New Series (L. N. S.) Vol. 24, page 780. 
 
 As to paragraph 25 it has been cited in the notes of the Lawyers' 
 Reports Annotated, New Series {h. N. S.) Vol. 24, page 782. 
 
 Same — Part 4. 
 
 The fourth part of Dakota Citations differs very materially from 
 the first three parts, in that it includes much editorial information. 
 It is entitled "Shepard's Northwestern Citations (Dakota Cases) with 
 Key-Number Annotations," and covers under the several Northwest- 
 ern Reporter citations all the cases covered in Parts 1-3, and also 
 those cases decided by the Dakota Territorial Court and the Supreme 
 Courts of North and South Dakota during the same period, which 
 were never reported in the official series. 
 
 The cases are, of course, arranged by volume and page in the order 
 in which they appear. in the Northwestern Reporter. The parallel ci- 
 tations to the official series are given underneath, and those to other 
 various selected case series are given for such cases as are reported 
 in one or other of those series. 
 
 The table then proceeds to show where each of these cases has been 
 cited in later cases in the Northwestern Reporter, the United States 
 Supreme Court Reporter (with parallel citations to the United States 
 Reports and the Lawyers' Edition), the Federal Reporter and in the 
 notes in L. R. A. or L. R. A. (N. S.). 
 
 Here again the citations to the citing cases are carefully analyzed, so 
 as to indicate the syllabus paragraph covering the particular point of 
 the main case upon which it is cited, this information being indicated 
 by numerals and appropriate letters as in Parts 1-3, already explained 
 and illustrated. 
 
 We now come to the new feature which is peculiar to this part of 
 the book — an important feature which has been introduced into recent 
 editions of the Shepard Citations in connection with the Reporter ci- 
 tations. This is the Key-Number Annotation. It is an innovation 
 which extends the scope and usefulness of the Shepard Citation Books, 
 by making it possible for the brief maker to locate all cases in point 
 with the main case regardless of whether or not such cases have been 
 cited by the court in its opinion,* and regardless of whether any later 
 case in point cites the main case. Preceding each citation or group 
 of citations in Part 4 is given the Key-Number which covers the point 
 of the cited case upon which such case is cited in the citing case or 
 group of citing cases. Being already fully acquainted with the use of 
 the Key-Number in the Digest and Reporters, no detailed explanation 
 of its use in this connection appears necessary. 
 
 4 Note, however, that the Key-Number Is given only for those points of the 
 case upon which It has at some time or another been cited in some ca.se. 
 
 lias 
 
§ 8 HOW TO FIND THE LAW (Part 11 
 
 Illustration 
 
 Let us again assume that we have in one way or another located the 
 case of State v. Kent as a leading case on the question under investi- 
 gation. It is reported in 67 Northwestern Reporter 1052. (See Refer- 
 ence Book, pp. 27 to 30.) Turning to page 76 of Shepard's Citations 
 (see Reference Book, p. 730) we find the following column: 
 
 Vol. 67 
 
 Northwestern 
 
 (page) —1052— 
 
 s 5 N.D. 516 
 
 s 35L,.R.A. 518 
 
 Judges (§51*) 
 f 124 N.W. '849 
 
 Trial (§18*) 
 
 124 N.W. '851 
 
 Statute (§227*) 
 
 103 N.W. "640 
 
 Ind. & Inf. (§34*) 
 fl28N.W. ni23 
 Crim. Law 
 (§11701/2*) 
 f 80 N.W. '"481 
 
 Witn. (§266*) 
 
 100 N.W. 
 
 "850 
 
 Crim. Law 
 
 
 (§11701/2*) 
 
 
 dllS N.W. 
 
 '"378 
 
 fl20 N.W. 
 
 "5531 
 
 fl24 N.W. 
 
 12 74 
 
 128 N.W. '■ 
 
 1035 
 
 62 L.R.A. '- 
 
 '202n 
 
 Witn. (§266*) 
 
 
 105 N.W. 
 
 '=615 
 
 Witn. (§306*) 
 
 
 f 80 N.W. 
 
 ">483 
 
 Evid. (§254*) 
 
 
 f 101 N.W. 
 
 "919 
 
 App. & E. (§263*) 
 
 72 N.W. 
 
 ==936 
 
 Crim. Law 
 
 
 (§854*) 
 
 
 24L.N.S. '■ 
 
 '780n 
 
 24 L.N.S. '■■ 
 
 ■782n 
 
 The first two lines under the main citation show that it is the same 
 case (s) as 5 N. D. 516, and that it is also reported ("s" same case) 
 in 35 Lawyers' Reports Annotated (L. R. A.) page 518. 
 
 As already stated, the citations which follow have been carefully 
 analyzed, so as to show the extent to which each point of the cited case 
 has been regarded as authority in each of the citing cases, and also the 
 title and Key-Number section of the American Digest Classification 
 which covers the point on which the main case is cited has been given. 
 
 Thus, as to the point covered by the first paragraph of the syllabus 
 for State v. Kent, it has been followed (f) in 124 N. \V. 849, and the 
 point decided is digested under the topic Judjes in section 51 of all 
 
 236 
 
Ch. XV) SELECTING, VALUING, AND VERIFYING AUTHORITIES § 8 
 
 Key-Number digests, and to the same paragraph in the syllabi it has 
 been cited in 124 N. W. 851, and digested under the head Trial,. § 18. 
 
 As to the fifth paragraph of the syllabus, it has been cited in 103 
 X. W. 640, and the point has been digested under the topic "Statute" 
 (Statutes) Key- Number, § 227; it has been followed (f) to the same 
 point of the syllabus in 128 N. W. page 1123, and digested under the 
 topic "Ind. & Inf." (Indictment and Information) § 34. 
 
 As to paragraph 10 of the syllabus, it has been followed (f) in 80 
 N. W. 481, and digested under the topic "Crim. Law" (Criminal Law) 
 § 11701/2. 
 
 As to the eleventh paragraph of the syllabus, it has been cited in 
 100 N. W. 850, the point decided being digested under the heading 
 "Witn." (Witnesses) § 266. 
 
 As to paragraph 12 of the syllabus, it has been distinguished (d) 
 in 113 N. W. 378, followed (f) in 120 N. W. 553 and 124 N. W. 74, 
 and cited in 128 N. W. 1035, and in the notes of the Lawyers' Re- 
 ports Annotated (L. R. A.) Vol. 62, page 202, and digested in the 
 topic "Crim. Law" (Criminal Law) § 11701^.. To the same point in the 
 syllabus it has been cited in 105 N. W. 615, the digest topic being 
 "Witn." (Witnesses) § 266. 
 
 As to the fifteenth paragraph of the syllabus, it has been followed 
 in 80 N. W. 483, and digested under the head "Witn." (Witnesses) § 
 306. 
 
 As to paragraph 19 it has been followed in 101 N. W. 919, the di- 
 gest topic and section number being "Evid." (Evidence) § 254. 
 
 As to paragraph 22 of the syllabus, it has been cited in 72 N. W. 
 936, the point decided being digested under the topic "App. & E." 
 (Appeal and Error) § 263. 
 
 As to paragraph 24 it has been cited in the notes of the Lawyers' 
 Reports Annotated, New Series (L. N. S.) Vol. 24, page 780, and di- 
 gested under the topic "Crim. Law" (Criminal Lazv) § 854. 
 
 As to paragraph 25 it has been cited in the notes of the Lawyers' 
 Reports Annotated, New Series (L. N. S.) Vol. 24, page 782, the point 
 referred to being digested under the topic "Crim. Law" (Criminal Law) 
 § 854. 
 
 (c) Supplements for Each Citator of the Shepard Series 
 Supplements are issued at intervals of three months, and these 
 
 supplements are cumulated, so that the brief maker need consult 
 only the particular citator covering his case and the latest sup- 
 plement thereto. 
 
 (d) Miscellaneous 
 
 In this section, reference has been made almost solely to the 
 regular Citation Book in which all the information is tabulated and 
 given by code signs, and of which Shepard's Citations have been 
 taken as typical. This series is the only series which is approx- 
 
 2?,i 
 
§ 9 HOW TO FIND THE LAW (Part II 
 
 imately national in its scope. It must, however, be remembered 
 that there is another similar, though smaller, series known as The 
 Citators (see Chapter VI, § 6 (c), above), and that many separate 
 publications, varying greatly in quality of editorial work and con- 
 sequently in usefulness, have been brought out in different states. 
 
 § 9. Notes to Cases 
 
 Similar to Citation Books in purpose, but more elaborate in their 
 makeup, are "Notes to Cases," or "Extra Annotations," as they 
 are sometimes called. These are in effect Citation Books expanded, 
 giving much of the information in form of text. The matter con- 
 tained in these books is arranged in the order in which the cases 
 annotated appear in the reports. Under the citation to each case 
 annotated are given, in the form of text, citations to the citing 
 cases followed, consisting of brief statements indicating the hold- 
 ings and facts in such cases. 
 
 These collections of "Notes to Cases" have been issued by different 
 publishers in connection with several different series of reports. The 
 effort has been made to include a complete list of them in Chapter 5 of 
 the Appendix of this volume, along with the list of citation books. As 
 various specific series of notes have been referred to elsewhere, and 
 their use explained in connection with the publications which they 
 supplement, no further attention need be given them here. Per- 
 haps the most important publications belonging to this class are 
 Rose's Notes on the American Reports and American Decisions 
 and L,. R. A. Cases as Authority. 
 
 § 10. Same — Reference to Text-Books 
 
 One of the tests of the value of a decision may be made by carry- 
 ing the search into leading text-books, for the purpose of discov- 
 ering what estimate well-known authors have put on the authorities. 
 This is done by selecting several cases which seem to be especially 
 favorable or unfavorable to the brief maker's theory of his case, 
 and by means of the table of cases contained in every good text- 
 book, finding the place where the author has cited such cases. It 
 may be that there will be found, if the text-book is a really merito- 
 rious treatise, valuable comment on one or more of the cases, giving 
 the brief maker a clear idea of their force, or of the extent to which 
 they should be limited. Their relations to other cases involving 
 the same principle may be pointed out, thus enabling one to form 
 an estimate of their relative value. 
 
 Any comment of value thus obtained should be at once noted in 
 the memoranda relating to the case. The importance of an elastic 
 system of notes, which admits of revisions and additions, is mani- 
 
 238 
 
Ch. XV) SELECTING, VALUING, AND VERIFYING AUTHORITIES § 12 
 
 fest, in view of the many sources of information to be consulted 
 by the brief maker. 
 
 § 11. Use of Analogous Cases 
 
 It may often occur that the problem under investigation presents 
 a comparatively new question, or is peculiar, so that very few cases 
 in point will be found, or the cases found may be decisions of little 
 weight, and consequently of little value as authorities. For any of 
 these reasons the brief maker may find it advisable to extend his 
 search into collateral lines for the purpose of tracing the principle 
 in analogous cases. 
 
 For this sort of search the brief maker will find the cross-refer- 
 ences in the Digest very valuable, especially the external cross- 
 references, following the analysis of the topic — the references to 
 other topics where analogous questions are digested. If one of 
 the authorities he has found is reported in one of the series of se- 
 lected cases, he may find it desirable to examine the annotation of 
 the case in such series. Such a note often leads the brief maker into 
 collateral lines of investigation that will yield results in the form 
 of analogous cases. A similar result can be attained by following 
 up and examining the references obtained through the citation 
 books. 
 
 § 12. Conclusion 
 
 If the methods explained in the preceding chapters have been 
 carefully and systematically followed by the brief maker, the cases 
 found being carefully verified and valued and full notes kept of the 
 results of his investigations, he should, at the close of his investiga- 
 tions, have in convenient form a mass of material ready for the 
 preparation of his brief. He should have not only all the cases 
 which support his theory of the case, but he should have found, 
 also, the cases on which his adversary will probably rely. These 
 he should weigh and value, just as-he did his own line of authorities, 
 so as to be prepared to meet and defeat the attack of his adversary. 
 
 239 
 
§ 1 HOW TO FIND THE LAW (Part II 
 
 CHAPTER XVI 
 
 RfiSUMfi OF EXHAUSTIVE SEARCH FOR AUTHORITIES 
 
 § 1. Introductory. 
 
 2. Preliminary Steps. 
 
 3. Examination of Statutes. 
 
 4. Searcli for Authorities. 
 
 5. Digests. 
 
 (a) U.se of the Topic Analysis. 
 
 (b) The Descriptive-Word Method of Search. 
 
 (c) Use of the Table of Cases. 
 
 6. Exhausting the Authorities by Means of the American Digest System. 
 
 7. Use of Text-Books. 
 
 8. Use of Encyclopaedias. 
 
 (a) By the Analysis. 
 
 (b) By the Cross-References. 
 
 (c) By the Index. 
 
 9. Use of Selected Case Series. 
 
 10. Getting the Latest Cases. 
 
 11. Verifying and Valuing Cases Located. 
 
 12. Finding the Facts of a Cited Case. 
 
 13. Conclusion. 
 
 § 1. Introductory 
 
 We have now explained in greater or less detail the purpose and 
 construction of each class of legal publication, and have indicated 
 the methods which should be followed in using each class in a 
 search for authority (i. e., cases in point) as illustrated by the most 
 important examples of it. Assuming that the reader now has a 
 clear idea of each kind of law book in general and of all the major 
 publications of each kind in particular, it seems likely that some- 
 thing in the nature of a summary review may serve to give him 
 a more comprehensive view of what may be called the law book 
 field. Accordingly, we shall devote this chapter to a brief resume 
 of the preceding chapters in the form of an outline of the proce- 
 dure which should be followed in an extensive search for author- 
 ities in all classes of law books, and shall indicate once more the 
 various steps in the collection of material which must precede the 
 preparation of a brief. 
 
 § 2. Preliminary Steps 
 
 Before beginning his search for authorities, the methodical and 
 careful brief maker will take certain preliminary steps. 
 
 The first of these consists in preparing a careful summary of 
 the facts, setting forth briefly all the essential facts of his own case 
 which can have any effect upon the problem in hand. 
 
 Next, by a careful and discriminating analysis of these facts 
 he will draw up a provisional hypothesis ; that is, he will formulate 
 the problem of law in dispute, the proposition which he hopes sub- 
 
 ?A0 
 
Ch. XVI) RESUME OF EXHAUSTIVE SEARCH FOR AUTHORITIES § 4 
 
 sequently to establish by the authorities for which he is to search. 
 Perhaps this may most advantageously take the form of a question 
 which his later search is to answer. Of course, if more than one 
 problem is presented by the facts, a separate hypothesis should be 
 prepared for each (like separate counts in a complaint), and each 
 question must be investigated and answered by a distinct search. 
 We shall assume, however, that his case presents only a single 
 problem. 
 
 In drawing a provisional hypothesis it is assumed that the brief 
 maker's general knowledge of the law is such that he will at once 
 recognize the principle or rule involved. If, however, the case falls 
 within some branch of the law with the general principles of which 
 he is not thoroughly familiar, he should first resort to some concise 
 text-book covering it, and review those principles sufficiently to 
 enable him to formulate a concise legal question, such as will give 
 direction to his search for authorities. 
 
 § 3. Examination of Statutes 
 
 With this provisional hypothesis clearly and concisely set forth, 
 the first books to be consulted are the statutes of the jurisdiction 
 which must govern the decision of the case. It is to the latest com- 
 pilation, revision, or code that resort should first be had; but this 
 must be supplemented by examination of the subsequent Session 
 Laws. In many instances the constitution of the jurisdiction must 
 also be referred to. 
 
 The statutes are approached either — 
 
 (a) By way of the Index, which, if properly made, will index, 
 under such titles as School Districts, Tax Receipts, Piers, or Locomo- 
 tive Engineers, the subject matter of each provision, as well as index- 
 ing it under the legal topic into which it naturally falls (as Contracts, 
 Pleading, Larceny, or Torts) ; or 
 
 (b) By way of the Table of Contents, which is usually analytical 
 in form, like a digest analysis, and represents and reproduces the 
 actual arrangement of the statutes themselves. 
 
 § 4. Search for Authorities 
 
 When a brief writer has satisfied himself that some particular 
 statutory provision applies to his case, or that there is no stat- 
 ute governing it, he next turns to the search for cases in point. 
 If there is a statute, he will wish for cases construing it, under 
 which circumstances Annotations to the Statutes and Tables of 
 Statutes Construed should be consulted, as they may give him a 
 "first case." On the other hand, if no statutory provision is in- 
 volved, his case is governed by the common law. Under any cir- 
 cumstances his search eventually becomes one for cases in point. 
 
 This search for cases may begin in a digest, an encyclopaedia, 
 Brief Mak.(.3d Ed.)— 16 241 
 
§ 5 HOW TO FIND THE LAW (Part II 
 
 a text-book, or a selected case series. In each instance the first 
 step in an original search is to find one single case "on all fours," 
 or as nearly so as possible, with the case under investigation ; i. 
 e., one in which the same question of law was raised upon essen- 
 tially the same facts — a case in point both as to law and as to the 
 facts to which the law was applied. With one such case, the pro- 
 cess becomes a matter of exhausting the authorities in the par- 
 ticular publication in which it was found, and, next, of supplement- 
 ing this by a search in other compendiums. 
 
 § 5. Digests 
 
 In an original search in a digest, as illustrated by the use of the 
 various integral parts of the American Digest System, three meth- 
 ods of locating a first case are available. 
 
 (a) Use of the Topic Analysis 
 
 The brief maker may search for the section covering his ques- 
 tion by means of the logical analysis. In following this method he 
 will fix upon that topic which, from his general knowledge of the 
 law or of the particular digest he is using, seems to him most 
 likely to cover his question. Turning to such topic, he will run 
 through the analysis or table of contents thereof, looking in turn 
 for the appropriate division, subdivision, and section. In most 
 instances the selection of the proper topic is a matter of consid- 
 erable difficulty, as the case may conceivably come under any one 
 of two or more topics. Under these circumstances he must exam- 
 ine each such topic until he has discovered that one which does, 
 in fact, cover his case. Noting the section number, he will then 
 turn to the section itself and examine the digest paragraphs found 
 thereunder. 
 
 This method of search has been practically abandoned by all 
 users of up-to-date digests in favor of the second method, namely: 
 
 (b) The Descriptive-Word Method of Search 
 
 This method disregards the principle of law involved, being 
 based simply upon careful study of the facts. In pursuing it the 
 searcher analyzes the facts to discover exactly what are the essen- 
 tial elements of his case. The essential facts of every case must 
 include — 
 
 (1) Subject-matter. 
 
 (2) Party or parties concerned. 
 
 (3) Cause of action or ground of defense. 
 
 (4) Object of action. 
 
 (5) Point in controversy (other than cause of action or ground 
 
 of defense). 
 
 Some of these elements will be salient, whereas others will have 
 little bearing upon the problem in hand. Selecting one or more 
 
 242 
 
Ch. XVI) RfjSUME OF EXHAUSTIVE SEARCH FOE AUTHORITIES § 5 
 
 words which describe those essential facts which are salient, the 
 brief maker turns to the Descriptive-Word Index in search of a 
 title corresponding to his first descriptive word. 
 
 A^''hen an index word corresponding to a descriptive word has 
 been found in the index, he will examine all the index lines under 
 it, and select therefrom any one which appears likely to cover 
 the point involved in the case. If the descriptive word shown does 
 not appear as an index word, try synonyms of it. For instance, if 
 meteor is the descriptive word but does not appear in the Index, try 
 aerolite. Again, if the word selected is a Verb or an adjective, it is 
 usually necessary to exchange it for the noun corresponding to it. 
 It is usually better to select descriptive words of specific rather 
 than general meaning. 
 
 The desired index line, when found, is always followed by a 
 black letter reference to the digest by topic and section. This leads 
 the searcher directly to the Key-Number section or sections, in 
 the Decennial or other Key-Numbered Digest, which include the 
 matter indicated by the index line. 
 
 If the black letter section line for a particular section referred to 
 proves to be a 2-em dash line, one should always examine the next 
 preceding full line of which it is a subdivision, and the other 2-em 
 dash lines, and any sub-lines following under such full line. This 
 process may lead to a line of analogous cases. 
 
 If the index line refers to two or more consecutive section lines 
 of the digest, it is well to examine the part of the topic analysis 
 within which they fall, in order to discover their relation to each 
 other and to the topic. Such reference to a number of consecutive 
 sections will often prove to be a reference to a subdivision of the 
 topic or to a full black letter line with various 2-em dash lines 
 under it. 
 
 In every instance, it is desirable to examine all such cross-refer- 
 ences as appear in the digest itself under the section or black letter 
 lines referred to, or under the division and subdivision of the topic 
 within which such black letter line falls. If the topic is a short 
 one, it is well also to run through the cross-references following 
 the topic analysis. 
 
 If the descriptive word chosen proves to be a main title of the 
 classification, as well as an index word, or to be an index word 
 under which several pages of index lines appear, it is well to try 
 out the other and more specific descriptive words before proceed- 
 ing to examine the index lines under the the first descriptive word, 
 as doing so may save time and labor. 
 
 (c) Usie of the Table of Cases 
 
 The third method of searching for cases in the digest is that 
 which assumes that the brief maker already has a first case in 
 
 243 
 
§ 5 HOW TO FIND THE LAW (Part 11 
 
 point before he goes to the digest. Under these circumstances he 
 may make such case the means of finding all the other cases in 
 point in the digest. Every good digest has a Table of Cases Di- 
 gested, but this feature has been most highly developed in the 
 American Digest System. 
 
 If the brief maker's first case was reported prior to 1896 it is 
 digested in the Century Digest. If, however, the case falls between 
 that date and October, 1906, it is digested in the Decennial Digest. 
 But both digests are covered by the Decennial Table of Cases. 
 Accordingly, if his first case was decided prior to October, 1906, the 
 brief maker can locate the title of it in the Decennial Table, and 
 under the title he will find a reference to the topic and section of 
 the Century or Decennial Digest where each point of the case is 
 digested. Turning to the section indicated, he should locate the 
 digest paragraph for his particular case. 
 
 On the other hand, if the case is since the close of the Decennial 
 period, instead of using the Decennial Table of Cases, the brief 
 maker will use the Table of Cases Digested in the various volumes 
 in the Key-Number Series. These he will use in the same way as 
 the Decennial Table. (To avoid the necessity of examining the 
 table in every volume, he should make use of the tables of reports 
 which are found in the front of the several volumes until he has 
 fixed upon the proper volume.) 
 
 As every case decided in the United States has been digested in 
 one or other part of the American Digest System, the brief maker 
 can, by means of the several Tables of Cases, identify the particu- 
 lar Century or Key-Number section which covers his question, no mat- 
 ter when his first case was decided. 
 
 § 6. Exhausting the Authorities by Means of the American Di- 
 gest System 
 
 Each of the three foregoing methods of search in the digest has 
 as its immediate object the discovery of a single case in point 
 under some Key-Number section. This is because by so doing he 
 will identify the Key-Number (or, perhaps, by the third method, 
 the Century) section which covers his case, and under which, by 
 reason of the uniformity of classification, he can locate all his 
 cases, not only in the particular digest where he finds his "first 
 case," but in all other digests of the system. 
 
 If his first case is in the Decennial Digest, he will, after exam- 
 ining the other cases under the same section in the Decennial, turn 
 to the same section of the same topic in the various volumes of 
 the Key-Number Series. (The Cumulative Table of Key-Number 
 Sections may be used to save him the trouble of examining vol- 
 umes in which there were no cases digested under his particular 
 Key-Number.) 
 
 244 
 
Ch. XVI) RESUME OF EXHAUSTIVE SEARCH FOR AUTHORITIES § 7 
 
 He will then search the issues of the Monthly Digest subsequent 
 to the last volume of the Key-Number Series in search of the same 
 Key-Number. 
 
 He has now covered all cases since 1896. The earlier cases are 
 all in the Century Digest, which is not a Key-Number Digest. 
 However, by means of the Century references, which are always 
 printed underneath the Key-Number sections, the investigator is led 
 directly to the earlier cases on this point. 
 
 Thus far it has been assumed that his first case was found in the 
 the Decennial or in the Key-Number Digest. If, however, it was 
 located in the Century Digest, it is only necessary to translate his 
 Century section into a Key-Number section in order to find all 
 the later cases. This is done by means of the Pink Table of cor- 
 responding Century and Key-Number sections, in Vol. 21, De- 
 cennial. 
 
 § 7. Use of Text-Books 
 
 If at the outset of his search a brief maker resorts to text-books, 
 he will first select a text-book upon the general subject which cov- 
 ers his question. In using it he will follow one of three methods 
 of procedure : 
 
 (a) The first of these is to use the table of contents. This cor- 
 responds to the topic analysis of a digest or encyclopaedia, and 
 represents the logical development and arrangement of the subject- 
 matter of the text itself. Running through the table of contents 
 he will look for the appropriate reference which will lead him to 
 the part of the text for which he is looking. 
 
 (b) The second method of using a text-book is by means of the 
 index. This is rather easier to use than the table of contents, be- 
 cause if it is well made it will index the subject-matter as v/ell as 
 the broader and more indefinite legal titles and divisions. In the 
 index the brief writer looks for an appropriate reference leading 
 him into the text where the rule which he is seeking is stated, and 
 where, perhaps, he may also find a discussion of the subject. A 
 footnote will usually be found in this way, in which cases will 
 be cited in support of the rule laid down in the text. 
 
 (c) Every good text-book contains a table of cases cited. There- 
 fore, if the brief maker, having already found his first case, desires 
 a text-book discussion of the principles involved, he can turn to 
 an appropriate text-book, where, if his particular case is cited, he 
 will find it listed in such table with reference to the particular place 
 in the footnotes or text where it is cited by the author. This will 
 lead him to the text discussion for which he is looking, and often 
 he will find additional cases cited in the footnote. It must be re- 
 membered that few text-books undertake to give even a large pro- 
 
 245 
 
§ 8 HOW TO FIND THE LAW (Part II 
 
 portion of the cases in point. From this it follows that a text-book 
 cannot be used to exhaust the law. 
 
 § 8. Use of Encyclopaedias 
 
 In beginning an original search in an encyclopsedia, the brief 
 maker finds much the same problem as with the digest. There 
 are three distinct methods of using an encyclopaedia. 
 
 (a) By the Analysis 
 
 This involves the selection of one or more topics which seem 
 likely to cover the point under investigation. Turning to the first 
 of these, the investigator examines the very full and detailed log- 
 ical analysis found in the front of the topic. If his first topic does 
 not bring results, he will try the second, and so proceed until he 
 locates a particular division line covering the point. Following 
 this will be found a reference to that part of the topic for which 
 he is searching. This will lead him to a statement of a rule of law 
 to which is appended a footnote citing the cases which are con- 
 ceived to support and apply such statement. 
 
 (b) By the Cross-References 
 
 The second means of entering an encyclopasdia consists of the 
 cross-reference heads. These are designed to assist the brief 
 maker in selecting his proper topic. In the first thirty volumes of 
 Cyc. the references under these cross-reference titles are not spe- 
 cific, but general. In the last ten volumes they are specific, and 
 refer to the volume and page where the matter is indicated or 
 discussed. The cross-reference titles are not ordinary legal titles, 
 but are usually descriptive of the subject-matter, and form a sort 
 of index to the encyclopaedia similar to the index to a text-book. 
 
 (c) By the Index 
 
 The third and most practical means of locating matter in Cyc. 
 is the Cyc. Index and Concordance. Its use practically supersedes 
 that of the cross-reference system above referred to. This Index 
 bears a strong resemblance in character, purpose, construction, and 
 use to the Descriptive-Word Index. In using it the brief maker 
 should base his search upon the facts of the case, and should apply 
 the descriptive-Word Method. When, however, the descriptive 
 word which he has selected proves to be a topic title in Cyc, as 
 well as an Index title, he should invariably examine the analysis 
 of such topic in Cyc, in addition to the references under the title 
 in the Index. 
 
 The notes in Cyc. are supplemented by Cyc. Annotations, a pub- 
 lication cumulated from year to year. In using this volume the 
 investigator notes the number of the volume, page, and footnote 
 where he has found his matter in Cyc. itself, and turning to the 
 Annotations locates the corresponding reference, which is followed 
 
 246 
 
Ch. XVI) RESUME OF EXHAUSTIVE SEARCH FOR AUTHORITIES § 10 
 
 by citations to later cases supporting the text statement to which 
 the original note is appended. 
 
 § 9. Use of Selected Case Series 
 
 As in the case of digests, there are three methods of searching the 
 selected case series for cases in point. The first two are adapted to 
 use where a general search is begun in the selected case series in the 
 first instance, whereas the last assumes that the brief maker has al- 
 ready located his first case in point. 
 
 (a) Any selected case series may, like other sets of reports, be ap- 
 proached via the digests of such series. In doing this the searcher 
 may use either the topic analysis (following the regular analytical 
 method) or the cross-references. As to the latter, he should treat 
 them as if they constituted the index to the digest (which in effect 
 they are). Assuming that a case in point with his own case is re- 
 ported in the selected case series, the brief maker can find it in this 
 way. It may or may not be annotated upon the particular point in 
 which he is interested ; but, if annotated on such point, the note will 
 contain references to other cases upon the question in hand. 
 
 (b) The second avenue of approach to a selected case series is 
 the index to notes. In following it, the investigator treats the notes 
 as a digest, and the index to notes as an index to such digest. 
 
 In order to exhaust the possibilities of a selected case series the 
 investigator should combine these two methods, and should carry 
 his search through the successive digests and indices to notes which 
 cover the series that he is examining. 
 
 (c) If he already has the citation to a case in point, and if it is 
 among the cases reported in the selected case series to which he 
 turns, he may locate it in such series by any one of several means : 
 
 (1) The numerical parallel tables issued for every case series. 
 
 (2) Tables of cases digested in the digests of the particular 
 
 series. 
 
 (3) The alphabetical lists of cases reported which have been pub- 
 
 lished separately for some of the selected case series. 
 
 (4) The Decennial Table of American Cases. 
 
 Having found the selected case series citation by one or other 
 of these means, he should examine the report of the case itself in 
 order to find an annotation upon his point. It may be added that 
 in doing so he may find simply a cross-reference note, which will 
 lead him to some case other than his original case. These refer- 
 ences should always be followed carefully. 
 
 § 10. Getting the Latest Cases 
 
 The notes in an encyclopaedia, text-book or selected case series 
 must be supplemented by use of other books, if one is to find the 
 cases decided since the notes were compiled. This is done by tak- 
 
 247 
 
§ 10 HOW TO FIXD THE LAW (Part II 
 
 ing one or another case, cited in the note under examination as 
 being in point, and locating it in the American Digest System by 
 means of the several Tables of Cases Digested, so as to find the Key- 
 Number. 
 
 With the Key-Number it is possible to get even the cases re- 
 ported since the latest issue of the Monthly Digest by searching 
 in the Key-Numbered Index-Digests found in the Reporter advance 
 sheets and bound volumes. 
 
 § 11. Verifying and Valuing Cases Located 
 
 When the brief maker has completed his search for cases, every 
 case which he has found should, if possible, be verified by actual 
 reference to one or another of the reports of such case, in order 
 to make certain that it is really in point. 
 
 Each decision should also be looked up in a citation book, or 
 in Notes to Cases, such as the Notes on the American Reports, or 
 other book of similar character, in order to find how it has been 
 regarded by the courts since it was decided. It should also be 
 looked up in either a citation book or Table of Cases Affirmed, Re- 
 versed, or Modified, to discover whether it has been directly af- 
 fected by some subsequent decision in the same case on rehearing 
 or appeal. 
 
 § 12. Finding the Facts of a Cited Case 
 
 When the brief maker has not access to a case for which he has a 
 citation, and is therefore unable to verify his citation by examin- 
 ing the decision itself, he may ascertain the facts as well as the 
 points decided through use of the American Digest System. He will 
 first determine by reference to the Tables of Reports Digested what 
 volume of the Digest System covers the case. In that volume he 
 will turn to the Table of Cases Digested, find the title of his case, 
 and following it the Key-Numbers under which the dififerent points 
 decided have been digested. The various digest paragraphs to 
 which he will thus be referred will, considered collectively, prove 
 to be a synopsis of the facts and law of the case. 
 
 § 13. Conclusion 
 
 The foregoing outline of a general search for authorities does not 
 purport to review this entire volume fully. It is intended simply 
 to indicate in a general way what steps should be taken, and the 
 reader must fill in the gaps and details from his memory of what 
 has been said in previous chapters. 
 
 248 
 
Ch. XVII) STANDARD CLASSIFICATION SCHEME 
 
 CHAPTER XVII 
 
 DIGEST CLASSIFICATION— STANDA BD CLASSIFICATION SCHEME- 
 GENERAL RULES OF CLASSIFICATION 
 
 § 1. Introduction. 
 
 2. The Standard Classification Scheme. 
 
 (a) Theorem. 
 
 (b) Categories. 
 
 (c) Main Titles or Topic Titles. 
 
 (d) Difficulties of Classification. 
 
 3. The Rule of Precedence. 
 
 4. Same — Application of the Rule of Precedence. 
 
 5. Same — Exceptions. 
 
 6. Distinction between General and Specific Main Heads. 
 
 (a) Matters Relating to Contracts. 
 
 (b) Matters Relating to Pleading and Practice. 
 
 (c) Matters Relating to Constitutional Law. 
 
 (d) Same — Police Power. 
 
 (e) Matters Relating to Statutes. 
 
 7. Same — Illustrations of Use of General and Specific Heads. 
 
 8. Use of Substantive and Remedial Heads. 
 
 9. Same — Illustration of Use of Substantive and Remedial Heads. 
 
 10. Same — Substantive and Remedial Subdivisions of Topics. 
 
 (a) Illustration. 
 
 11. The Basic Principle. 
 
 12. Importance of Careful Analysis of Facts. 
 
 13. Application of Principles of Classification in Finding the Law. 
 
 § 1. Introduction 
 
 In dealing with the use of digests in the preceding chapters we 
 have discussed the most practical methods of search, and have re- 
 ferred to matters of digest classification only in so far as was nec- 
 essary to a proper understanding of the character and structure 
 of digests. The Descriptive Word Method of search makes it un- 
 necessary for the lawyer, not engaged in the actual preparation 
 of digests, to have any detailed knowledge of the theory or appli- 
 cation of the rules upon which these books are constructed, or of 
 the way in which digest matter (i. e. digest paragraphs) is dis- 
 tributed among the different digest topics. 
 
 To the average practicing lawyer the rules of classification are 
 not of much practical interest, yet he may well find a limited 
 knowledge of them of advantage in using digests, as it will often 
 supplement and help out the practical application of the Descrip- 
 tive Word Method of search. For this reason, and because our dis- 
 cussion of law books would be incomplete without an explanation 
 of the theory and rules of classification, the present chapter and 
 the one following will be devoted to this topic. If the reader is 
 particularly interested in these matters, he will find that careful 
 study of both chapters will repay him for the time required to 
 master their contents. On the other hand, as has been said else- 
 
 249 
 
§ 2 HOW TO FIND THE LAW (Part II 
 
 where, the subject is an unusually difficult one, the preparation of 
 a proper digest being work which requires great editorial skill and 
 experience. Accordingly, the average reader will probably not 
 care to give much time to these chapters, and he may reasonably 
 content himself with mastering the general rules of classification 
 and of distribution of digest matter without endeavoring to re- 
 member the details which must necessarily accompany any ex- 
 planation of it."^ The two chapters which follow are written rath- 
 er from the point of view of one looking up the law and basing his 
 search upon the Classification, than from that of an editor occu- 
 pied with the actual preparation of a digest. 
 
 § 2. The Standard Classification Scheme 
 
 The Standard Classification Scheme is that used by Mr. Benja- 
 min Vaughan Abbott in the later volumes of the U. S. Digest, and 
 subsequently expanded and logically developed by Mr. John A. 
 Mallory for the Century Digest and its continuations. The prin- 
 ciple underlying both Mr. Abbott's scheme and its logical succes- 
 sor is that in every body of law there will be (1) a branch of law 
 fixing status governing personal relations; (2) a branch which has 
 for its principal object the regulation, ownership and transfer of 
 property; (3) a branch intended to secure the proper observance 
 of agreements modifying the preceding relations ; (4) a branch 
 providing for the redress of wrongs; (5) a branch relating to the 
 punishment of crime; and (6) these various objects are secured by 
 means of certain proceedings remedial in their nature ; (7) admin- 
 istered with the assistance and under the control of the state. In 
 1880, responding to a suggestion that his classification scheme 
 might be made the basis of a uniform system, Mr. Abbott ex- 
 plained his system briefly (22 Albany Law Journal, 179), stating 
 that his scheme of classification was founded on the following- 
 principle or theorem : 
 
 (a) Theorem 
 
 "Law is the effort of society to protect Persons including Cor- 
 porations, in their rights and relations, to guard them in their 
 Property, enforce their Conveyances and Contracts, and redress 
 or punish their Wrongs or Crimes, by means of judicial Remedies, 
 
 1 In law schools, where the time allotted to the study of Brief Making and 
 the Use of Law Books Is limited, the instructor may well find it desirable 
 entirely to omit this part of the subject from his course, and to devote the 
 time which it would require to the more practical phases of the use of books. 
 Indeed, it is open to doubt whether real advantage will be gained from giv- 
 ing instruction on the theory of classification in the class room. At the same 
 time, if the instructor desires to go into this question with his class, it is 
 thought that these chapters offer a sufficient basis for such work, although 
 he will find it expedient for his own purposes to supplement them by study 
 of the Scope Notes of the Standard Clnssificalion, a copy of which may be 
 obtained on request from the West Publishing Company. 
 
 2.'ifl 
 
Ch. XVII) STANDARD CLASSIFICATION SCHEME § 2 
 
 founded upon Evidence, and administered by the civil arm of 
 Government." 
 
 For the purpose of the Standard Classification Scheme Persons 
 is made to include Corporations, Property to include Convey- 
 ances which are necessarily incidental to property, and Remedies 
 to include Evidence, and the theorem is thus modified to read as 
 follows : 
 
 "Law is the effort of society to protect Persons in their rights 
 and relations, to guard them in their Property, enforce their Con- 
 tracts, hold them to their liability for their Torts, punish their 
 Crimes by means of Remedies administered by the Government." 
 
 (b) Categories 
 
 The scheme is based, therefore, on the arrangement of the con- 
 tents of the digest primarily under the following categories ; 
 
 1. Persons. 
 
 2. Property. 
 
 3. Contracts. 
 
 4. Torts. 
 
 5. Crimes. 
 
 6. Remedies. 
 
 7. Government. 
 
 The use of these terms for such primary classification involves no 
 general analysis of the law, but depends simply on their comprehen- 
 siveness and convenience for the arrangement under them of the di- 
 gest matter and of the heads thereof in common use. The terms are, 
 therefore, to be taken comprehensively, and not in any narrow or 
 technical sense. The single words denoting the categories are to be un- 
 derstood as if each was preceded by the words "Matters relating to." 
 Thus, category 1, as representing all matters relating to persons, in- 
 cludes everything incident to or connected with the existence and protec- 
 tion by the law of all persons, natural and artificial, and of every distinct 
 class of persons, their relations, rights and obligations of a personal na- 
 ture, combinations of persons in partnerships, associations, and compa- 
 nies and the various classes of personal occupations. So, too, category 
 2 includes, not only the subjects of rights of property, but also the 
 various estates therein, and rights and obligations in respect thereof, 
 and whatever is primarily incident to or connected with property, such 
 as conveyances and other modes of acquiring and transferring it. 
 
 But the use of one of these categories or its equivalent, such as 
 Persons or Remedies, as a broad title or main head, has been dis- 
 continued in later digests in favor of more specific heads. This is in 
 accordance with the general policy of showing the specific point or 
 practical application, rather than the general principle of the decision, 
 and also with the need of more minute subdivision arising from the 
 increased quantity of matter contained in the average digest. 
 
 251 
 
§ 2 HOW TO FIND THE LAW (Part II 
 
 (c) Main Titles or Topic Titles 
 
 The selection of titles for the various topics — which in the Standard 
 Classification Scheme are 412 in number — and the distribution among 
 them of the contents of the digests, are controlled chiefly by consid- 
 erations of practical convenience and usage, arising from the nature 
 and use of digests as books of reference in which lawyers look for 
 precedents relating to specific subjects under heads to which they have 
 become accustomed. Scientific or technical accuracy in the use of 
 terms as such titles, and in the division and arrangement of the mat- 
 ter, desirable as it may be in theory, is subordinated to these practical 
 considerations. Though some theory of classification is necessarily 
 implied in and is essential to any orderly and fixed arrangement of 
 digest matter, any philosophical analysis of the law would manifestly 
 be inapplicable to a digest, the contents of which are mere fragments 
 of the subject-matter placed under heads arranged in alphabetical or- 
 der. 
 
 (d) Difficulties of Classification 
 
 The difficulty is to determine under which one of these 412 topics 
 a given proposition of law should be looked for ; that is to say, under 
 which one of these is it probable that an expert digester would place it. 
 Unfortunately, law does not come to us ready made, put up in parcels 
 and labeled "Contracts," "Negligence," "Pleading," and the like; but 
 the proper classification and the placing of the various propositions in 
 the digest is the work of human hands directed by human brains, with 
 all the prejudices and peculiarities of action that human brains are 
 prone to. The personal element that controls the classification of mat- 
 ter for the digest makes it impossible that digesting should ever be- 
 come an exact science. In determining the classification of a given 
 point of law or practice, as presented in the syllabi of an adjudged 
 case, not only is the principle on which the court actually decided the 
 case a factor, but more potent is the conception which the digester 
 forms of the meaning of the court's language and of the principle on 
 which the case was adjudicated. This is what is meant by the personal 
 element. When it comes to actually finding the cases in the digest, a 
 third element, also personal, enters into the problem, and this is the 
 investigator's conception of the principle which he believes governs the 
 facts in his case. 
 
 There are, however, certain fairly well-defined rules which are de- 
 signed to control and guide the digester and to minimize the effect of 
 the personal equation, and a knowledge of these rules will tend to 
 minimize the efifecf of the investigator's personal peculiarities of 
 thought. The general scope of the 412 main titles employed in the 
 Standard Classification Scheme has been outlined by words both of 
 inclusion and of exclusion. The scope notes defining these titles will 
 be found in both the Century and Decennial Digests. 
 
 252 
 
Ch. XVII) STANDARD CLASSIB^ICATION SCHEME § 3 
 
 There are, too, certain rules, based on scientific or practical consid- 
 erations, which tend still further to control the diversity of classifica- 
 tion due to the personal element. While it would be impossible within 
 the limits of this chapter to explain all of these rules and show their 
 practical application, there are a few fundamental principles, a knowl- 
 edge of which will be of material aid to the investigator in his search 
 for authorities. It is to these that the attention of the reader is now 
 directed. 
 
 § 3. The Rule of Precedence 
 
 In the Standard Classification Scheme the main titles are distrib- 
 uted among the seven categories according as their subject-matter 
 relates to Persons, Property, Contracts, etc. A list showing the ar- 
 rangement of the titles according to category will be found in chap- 
 ter 8, § 2, of the Appendix. Throughout the following discussion, the 
 reader should make constant reference to this table which will assist 
 him greatly in understanding the somewhat difficult problems of digest 
 classification and the search for authorities by use of the Classification. 
 The order in which the fundamental categories are enumerated is 
 considered as following a certain natural precedence inherent in the 
 subjects, furnishing a general rule of priority for the distribution of 
 matter among the several main titles, by simply following this order 
 of precedence in placing matter capable of being classified under two 
 or more heads ; that is to say, a proposition in which the principal 
 question involved is one of personal status or relation will be digested 
 and should be looked for under a personal head, though it also in- 
 volved the disposition of property, or the right to contract, or the lia- 
 bility for torts, etc. On the other hand, if the principal subject of the 
 proposition is a disposition of property, irrespective of the status or 
 relation of the persons involved, that proposition would be digested 
 and should be looked for under a property head. So, too, as to a 
 question of contract. If the principal subject of the proposition is 
 purely one of contract, the proposition would be placed under and 
 should be looked for under a contract head. If, however, the principal 
 subject-matter is the property which was subject to the contract, or 
 the status or relation of the parties concerned in the contract, then the 
 proposition would be digested and should be looked for under a prop- 
 erty or a personal head, as the case may be. 
 
 To illustrate further, suppose a series of propositions involve : 
 
 (1) The protection of the person. 
 
 (2) The disposition of property. 
 
 (3) The right to contract. 
 
 (4) Liability for torts. 
 
 (5) Responsibility for crime. 
 
 (6) Capacity to sue or defend. 
 
 (7) Eligibility to hold public office. 
 
 253 
 
§ 3 HOW TO FIND THE LAW (Part II 
 
 If the principle involved in the first proposition was that an infant 
 who has lost his parents should be bestowed with some near relatives, 
 or with some charitable organization, or with an orphan asylum, it is 
 obvious that under the rule such matter must be placed under the title 
 Infants. 
 
 If the second proposition, relating to the disposition of property, 
 involved the disposition of an infant's property, the proper place to 
 search for it would be under the head Infants, because under the 
 rule of precedence, the personal topic takes precedence over a property 
 topic. 
 
 So, with the matter relating to contracts, if it involves a general 
 question of contracts, it would go to the title Contracts. If, however, 
 it involves the disability of an infant or a married woman to contract 
 under the rule of precedence above named, it should be placed under 
 Infants or Husband and Wife, as the case may be. 
 
 A proposition of the fourth class likewise would be placed under 
 the main title Torts, or some particular main title covering Torts, 
 such as Negligence, if it involved merely a general question of what 
 constitutes a tort, or some general application of the law of torts to a 
 particular kind of tort. If, however, the point involved is the liability 
 of an infant for torts, it should, under the rule of precedents, be placed 
 under Infants. 
 
 ■ So with the responsibility of an infant for crimes, his capacity to 
 sue or defend, and his eligibility to hold office. All of these proposi- 
 tions should be placed under Infants, rather than under Criminal 
 Law, or the particular head covering the particular crime, or under 
 Actions or Parties, or under Officers, or the particular head covering 
 a particular officer. And the rule applies in like manner to other 
 classes of persons and personal relations, such as Insane Persons, Cor- 
 porations, Master and Servant, and the like. 
 
 A more specific illustration of the operation of this rule of pre- 
 cedence is found in the distribution of matter in which the principles 
 of negligence are involved. Negligence, as a tort, is included in cate- 
 gory 4. The liability of an infant for negligence, involving as it does 
 personal incapacity, and the liability of a master for negligence as to 
 his servant, involving as it does the personal relation between them, 
 are assigned to topics under category 1, namely, Infants and Master 
 and Servant. The Hability for negligence as to the condition of prem- 
 ises occupied by a tenant, involving as it does duties relative to 
 an estate in property, goes to the topic including that estate, falling 
 under category 2, namely, Landlord and Tenant. The liability for 
 negligence of a bailee in connection with the bailed property, involving 
 as it does a contract relation, goes to the topic denoting that particu- 
 lar contract relation, namely. Bailment, which, of course, is included 
 in category 3. The same may be said as to all other cases of negli- 
 
 2.54 
 
Ch. XVII) STANDARD CLASSIFICATION SCHEME § 4 
 
 gence involving any obligation dependent on personal, property, or 
 contract relations. 
 
 As the result of this distribution of specific propositions, there re- 
 mains to be placed under the main head Negligence only cases arising 
 between strangers, independent of rules of law peculiar to classes of 
 persons, species of property, or rights and obligations incident to 
 either, or to contracts relating thereto. General principles of negli- 
 gence, contributory negligence, and comparative and imputed negli- 
 gence are included in the topic Negligence. The topic Negligence 
 includes also, by reason of its precedence over subsequent categories, 
 matters which might otherwise be placed under heads included in 
 those categories ; for example, the general principles of actions for 
 negligence, which might be placed under some remedy head in cate- 
 gory 6, and criminal responsibility for negligence, which might be 
 placed under some criminal head in category 5, were it not for the 
 rule of precedence. 
 
 § 4. Same — Application of the Rule of Precedence 
 
 To illustrate the application of the rule of precedence, as it has 
 been explained above, let us consider the following cases. 
 
 (1) A married woman, whose husband was in jail, pending an ap- 
 peal from a conviction of murder, procured, at her husband's request, 
 a revolver, and conveyed it into the jail, and gave it to him. Can she 
 be held criminally liable as for aiding an escape? 
 
 It is to be noted that the woman is a married woman, and was act- 
 ing at her husband's request. Therefore she was presumably under 
 coercion of her husband. Since the question in the case involves the 
 responsibility of a person for crime, it might be supposed that the 
 case would be digested under the head describing the particular crime, 
 namely. Escape, which falls in the category Crimes. Further analy- 
 sis, however, shows us that the real question is the responsibility of a 
 married woman for her criminal acts, performed under the coercion 
 of her husband. Consequently it is plain that her responsibility of 
 the crime depends upon her status. Applying, then, the rule of pre- 
 cedence, it would seem that this question would be found digested 
 under the personal head describing this status, namely. Husband and 
 Wife, which falls in the category Persons. 
 
 (2) A., who owns an automobile, loaned it to B., who desired to 
 takes some friends out for a ride. B. ran the automobile at a reckless 
 rate of speed, as a result of which, in turning a corner, he ran the 
 machine into a ditch, breaking one of the axles, and otherwise damag- 
 ing the machinery. Can A. recover for the damage to the machine? 
 
 The point involved in this case is the liability of the borrower of 
 the automobile for his negligence, which resulted in injury to the 
 machine. This fact might impel the investigator to look under the 
 title Negligence which falls in the category Torts. It is seen, how- 
 
 255 
 
§ 5 HOW TO FIND THE LAW (Part II 
 
 ever, that the question involves the liability of a person belonging to 
 a particular class, namely, a bailee. Moreover, the liability of the 
 bailee, if any, depends upon his relation to the owner of the automo- 
 bile, and this relation is one of contract. The rights and liabilities of 
 bailees are digested under the head Bailment, which falls in the cate- 
 gory Contracts. Consequently, if we again apply the rule of pre- 
 cedence, we must look under the title Bailment for cases involving 
 this question, rather than under the head of Negligence, because the 
 category Contracts precedes the category Torts. 
 
 § 5. Same — Exceptions 
 
 The rule of precedence is subject, of course, to exceptions, as it is 
 not to be applied contrary to estabHshed usage or considerations of 
 practical convenience. For example, the capacity of an infant to con- 
 tract marriage should, under the rule, be placed under the title In- 
 fants. Usage, however, has placed it under Marriage. The capacity 
 of a person of any class — infant, married woman, insane person — to 
 make a deed or contract is, by the rule and by usage, placed under the 
 title including the class of persons — Infants, Husband and Wife, In- 
 sane Persons. Analogy and the rule would also place there the ca- 
 pacity of such person to make a will ; but usage has placed it under 
 the title Wills and it is apparent that such matter, especially in cases 
 of insane persons, cannot be separated conveniently from questions of 
 testamentary capacity and undue influence affecting the making of 
 wills. 
 
 § 6. Distinction between General and Specific Main Heads 
 
 One of the most important corollaries growing out of the rule of 
 precedence is the rule governing the distribution of matter between 
 such general heads as Contracts, Pleading, Evidence, and the like, 
 and the specific contract heads such as Deeds, or a specific remedial 
 head, such as Replevin, or the remedial subdivision of a substantive 
 head, such as Insurance. 
 
 A large digest covering the whole body of the law may properly 
 contain many statements of general principles which are obviously to 
 be placed, and therefore to be looked for, under general heads. The 
 same may be said regarding a state digest purporting to cover all 
 of the state reports. Theoretically, however, a digest is but an index 
 of the points actually decided in the cases, accompanied by such state- 
 ments of principles and facts only as are necessary to the correct 
 understanding of the points. The points should be stated in a con- 
 crete form, and no more broadly than the facts of the several cases 
 warrant. It will often be found on investigation that a paragraph 
 which, at first glance, it may seem proper to place in some particular 
 topic as a concrete example of the application of the law relating to 
 that specific subject, in fact illustrates the application of a general 
 
 2.30 
 
Ch. XVII) STANDARD CLASSIFICATION SCHEME § 6 
 
 principle applicable alike to many other subjects. To determine 
 whether such paragraphs are of a general or a concrete nature is one 
 of the commonest difficulties of the digester, and one in which uni- 
 formity of practice is the most difficult to attain. 
 
 Naturally, it is extremely difficult to lay down any exact and defi- 
 nite rules to guide the investigator that will cover all the possible 
 difficulties that arise in determining whether he is to search for au- 
 thorities in a general or a specific head. A few general principles 
 however, suggest themselves — principles which depend for their ex- 
 istence on the scope and character of the different topics. 
 
 (a) Matters Relating to Contracts 
 
 Contracts, as the term indicates, is a title very general in its scope. 
 It includes all questions relating to the requisites, validity, and con- 
 struction of contracts generally, such as necessity of certainty, of 
 mutuality, of proposal and acceptance, of execution and delivery, of 
 consideration, the necessity and validity of assent, matters of fraud, 
 mistake, and duress, legality of object, and general rules of construc- 
 tion. Cases involving the common-law rules as to the validity of con- 
 tracts in restraint of trade are also digested under Contracts, though 
 cases arising under special statutes, anti-trust laws, etc., are digested 
 under Monopolies. There is also included under Contracts a mass of 
 matter relating to specific contracts for which no specific head is made. 
 
 The principal difficulty of the investigator arises when the proposi- 
 tion under investigation relates to a kind of contract for which a 
 specific head is made, and he has to determine whether the law ap- 
 plicable thereto will be found under Contracts or the specific head. 
 Obviously, to answer the question, it must first be determined whether 
 he is searching for a general rule applicable alike to all contracts, or 
 is trying to discover if the general rule, conceded to exist, is applicable 
 to the particular contract, in view of the peculiar facts connected 
 therewith. For instance, if the investigator wishes to find decisions 
 stating the general rules of construction of contracts, he should turn 
 to the title Contracts. But if his question is whether the general rules 
 of construction are applicable to a policy of insurance, the law must 
 be looked for under the topic Insurance. Similarly the general rule 
 that mental incapacity avoids the contract will be found under Con- 
 tracts but the incapacity of an insane person, an infant, or an habitual 
 drunkard to contract will be found under the appropriate head. So. 
 too, while the general rules that must be observed in the execution 
 of contracts will be found under the general topic, the proper execu- 
 tion of a note or a deed will be found under Bills and Notes or Deeds 
 as the case may be. 
 
 As was said above, there are a number of contracts for which no 
 specific head has been made, as, for example, building contracts. The 
 law relating to these contracts is important, and could well have been 
 Brief Mak.(.3d Ed.)— 17 25T 
 
§ 6 HOW TO FIND THE LAW (Part II 
 
 given a specific head ; but, since it was not, questions relating to such 
 contracts must be looked for under the general topic. 
 
 (b) Matters Relating to Pleading and Practice 
 
 Probably the most common difficulty experienced by the practitioner 
 arises where the point under investigation involves a question of plead- 
 ing, evidence, or trial practice, and he is called on to determine wheth- 
 er he should search one of the general practice heads or the particular 
 head covering the action or the subject-matter. The general rule gov- 
 erning such cases is that if the point involved is merely the applica- 
 tion of a general rule of pleading or of evidence, etc., it should be 
 looked for under the main head Pleading or Uvidence as the case may 
 be. If, however, the point is one which from the peculiar nature of 
 the allegations or the facts could arise only in the particular form of 
 action, or in relation to the particular subject or cause of action, the 
 law must be searched for under the particular head. This rule is 
 based on the fact that there are certain general principles relating to 
 form, to amendment, to verification, to filing and service, to the effect 
 of variance, to methods of raising objections and curing defects, that 
 are applicable to all pleadings, no matter what may be the nature of the 
 action. The law relating to these matters is to be found under the 
 topic Pleading. But as to some of these features the point might be 
 dependent wholly on facts which could arise only in a particular ac- 
 tion. In that case the law should be looked for under the particular 
 head. 
 
 To illustrate : The general proposition that the evidence must con- 
 form to the pleadings and that evidence to prove something entirely 
 different from the allegations is not admissible, will be found under 
 Pleading. But if the action is on an insurance policy, and the ques- 
 tion is whether under an allegation of waiver of proofs of loss and 
 performance of all other conditions by the insured, a waiver of the 
 clause limiting the time of bringing action on the policy can be proved, 
 the law will be found digested under Insurance. So far as the head 
 Pleading is concerned, it may be said that generally nothing is placed 
 under the head that can possibly be placed elsewhere without actually 
 violating fundamental principles of digesting. 
 
 A good illustration of the use of general and specific heads is shown 
 in the distribution of digest matter between the topics Indictment and 
 Information and the topics designating specific crimes. Indictment 
 and Information is, of course, the general pleading head for criminal 
 matters. Now, suppose that a statute provides that all indictments 
 shall be signed and verified by the county attorney. It is clear that 
 a decision passing upon the sufficiency of the indictment in view of 
 this statute should be classified to Indictment and Information, though 
 the particular indictment involved was an indictment for larceny. On 
 the other hand, suppose that the indictment was for the larceny of a 
 
 258 
 
Ch. XVII) STANDARD CLASSIFICATION SCHEME § 6 
 
 watch, a ring, and a chain, and the question was whether the value 
 of the articles should be charged in the aggregate or separately for 
 each article. Clearly such a question could arise only in an indictment 
 for larceny, and a proposition involving the sufficiency of the indict- 
 ment in that respect must be looked for under the topic Larceny. 
 
 A problem very similar to that presented by Pleading confronts us 
 when the question is one of the admissibility of evidence. Certain 
 questions are regarded as of such general application as to justify 
 always placing them under the topic Evidence. Thus, where the point 
 involved is one of judicial notice, the admissibiHty of declarations, 
 parol, hearsay, best and secondary, or opinion evidence, the matter 
 must be looked for under Evidence. So, too, the presumption of facts 
 that might arise in any action or the burden of proof as to such facts 
 will be found under Evidence; but the presumption or burden of 
 proof as to particular facts will be found under the specific title. Rel- 
 evancy and competency of facts to prove other facts — as, for instance, 
 questions of res gestae — will be found under Evidence, though, of 
 course, the relevancy of particular facts to prove particular issues must 
 be looked for under the particular head. As an illustration of this, 
 let us take this proposition : 
 
 "In an action for damages for an assault, is evidence of a wordy 
 quarrel between defendant and plaintiff's husband immediately pre- 
 ceding and leading up to the acts constituting the assault admissible?" 
 
 At first blush it would appear that the law on this proposition would 
 be digested under Assault and Battery; but the thoughtful investiga- 
 tor would ask himself on what possible ground evidence of a contro- 
 versy with one not a party to the suit could be relevant, and would 
 conclude that it could be admitted only on the theory that it was so 
 intimately connected with the main controversy as to constitute part 
 of the res gestae. This would point to Evidence as the proper head. 
 
 The topic Trial proves a stumbling block in the pathway of some 
 practitioners. Of course, such matters as the course and conduct of 
 the trial, methods of introducing proof, order of proof, and argu- 
 ments of counsel, are so obviously general in their nature as to cause 
 no trouble. But when the proposition involves some question of in- 
 structions, or the province of court and jury, a difficulty arises. The 
 rule in such case is, however, the simple one applied in other instances. 
 General propositions as to the form of instructions, necessity of re- 
 quests, and necessity that instructions should be applicable to the 
 pleadings and the evidence, are found under Trial. The propriety of 
 instructions on particular facts, which could arise only in particular 
 actions, must be looked for under the specific title. 
 
 On the other hand, a real confusion exists where the question is one 
 of necessity and time of making objections. Obviously, if the ques- 
 tion is merely whether it is necessary to make objection, or whether 
 
 259 
 
§ 6 HOW TO FIND THE LAW (Part II 
 
 the objection must be made at a certain time to be available at all, 
 it would be found under Trial. But, if the question is as to the neces- 
 sity of the objection or the necessity of making it at a certain time to 
 render it available on appeal, it would seem that, theoretically at least, 
 it should be found under Appeal and Error. Unfortunately the courts 
 are often very vague in the statement of the point involved and the 
 grounds for the decision. The result is that the matter is often split 
 between the two heads without apparent reason. The only solution 
 of this difficulty is to refer to both topics. 
 
 Another general head which presents some interesting questions is 
 Limitation of Actions. This topic covers cases arising under statutes 
 of limitation, as, for instance, cases arising under statutes prescribing 
 the limitation of actions on written instruments for the payment of 
 money, of actions on accounts, and the like. Matter relating to spe- 
 cial statutes prescribing a special limitation for a particular action 
 goes to the particular topic. For instance, a paragraph construing a 
 statute providing that actions for libel must be brought within one 
 year will be digested under Libel and Slander; but if the paragraph 
 construed the statute providing that actions for torts must be brought 
 within three years, it would be placed under Limitation of Actions, 
 though the action in question was one for Hbel. 
 
 An exception to this rule is found when the action is for wrongful 
 death. The application of general statutes is digested under Death, 
 on the theory that, as the action is purely a statutory one, any matter 
 which affects the right of action should be digested under that head. 
 The general head also contains all matters relating to the tolling of the 
 statute, whether a general or special statute. 
 
 Limitation by special agreement will, of course, be found under the 
 particular head, as, for instance, in the case of insurance policies; 
 the construction and operation of such agreement being found under 
 Insurance. a > :•. 
 
 (c) Matters Relating to Constitutional Law 
 
 A typical illustration of the application of the rule as to the use 
 of general and specific heads is presented by the distribution of mat- 
 ter involving questions of constitutional law. The main head Con- 
 stitutional Law is emphatically a general head. As such it includes 
 general provisions as to the adoption and amendment of constitutions, 
 the construction, operation, and enforcement of constitutional provi- 
 sions, and the distribution of the powers and functions of government. 
 There are, too, a number of constitutional provisions intended to se- 
 cure the general civil and political rights of citizens — as, for instance, 
 those guaranteeing life, liberty, and the pursuit of happiness ; those 
 forbidding the impairment of vested rights or of the obligation of con- 
 tracts ; those forbidding the passage of retrospective and ex post facto 
 laws; those forbidding the granting of special privileges; those for- 
 
 2(10 
 
Ch. XVII) STANDARD CLASSIFICATION SCHEME § 6 
 
 bidding the deprivation of life, liberty, or property without due pro- 
 cess of law, etc. 
 
 These provisions are general in their nature, and obviously objec- 
 tions based on the violation of such provisions might be raised to stat- 
 utes relating to almost any subject. Decisions adjudicating the ques- 
 tion whether any particular statute or mode of procedure violates one 
 of these provisions of the constitution are to be looked for under 
 Constitutional Law, and not under the particular topic which covers 
 the particular subject-matter. 
 
 There is, however, another class of provisions which are specific in 
 their nature, which relate to specific powers and functions. Of these, 
 familiar examples are the provisions relating to the right of trial by 
 jury, to the exercise of the power of eminent domain, and to taxation. 
 These provisions are specific, and are applicable only to statutes or 
 acts relating to specific subjects. Decisions adjudicating questions 
 which involve these particular provisions are therefore to be found 
 under the particular heads. To give a concrete illustration, a decision 
 in which the question at issue was whether a certain statute or mode 
 of procedure violated the constitutional guaranty of the right of trial 
 by jury would be digested under Jury. But if the question at issue 
 was whether a statute, which it was conceded affected the right to a 
 jury trial, was objectionable as depriving the person of life, liberty, or 
 property without due process of law, such point would be digested un- 
 der Constitutional Law. 
 
 Similarly, decisions involving the constitutionality of statutes re- 
 lating to such subjects as taxation, the power of eminent domain, or 
 the right to the writ of habeas corpus, if based on the particular con- 
 stitutional provisions on such subjects, are digested under the specific 
 heads — Taxation, Eminent Domain, Habeas Corpus. But, if the de- 
 cisions were based on one of the general provisions of the Constitu- 
 tion already referred to, they are digested under Constitutional Law. 
 
 (d) Same — Police Power 
 
 An apparent exception to this rule is to be found in the method of 
 placing a matter involving the exercise of the police power; but the 
 exception is only apparent. The police power is only an implied 
 power. It is not granted by any particular clause of the constitution. 
 Therefore under the head of Constitutional Law will be found only 
 the general principles relating to the exercise of the police power and 
 the nature and scope of the power. Specific instances of the exercise 
 of the power will be found under the specific heads. For example, a 
 paragraph laying down the general principle that legislation prescrib- 
 ing regulations under which only persons possessing certain qualifica- 
 tions shall be admitted to the practice of a profession or calling re- 
 quiring special skill is a valid exercise of the police power of the 
 state for the protection of the public against unskillful and incompe- 
 
 261 
 
§ 6 HOW TO FIND THE LAW (Part II 
 
 tent persons, is properly digested under Constitutional Law. On the 
 other hand, a paragraph involving the specific application of the gen- 
 eral principle to the effect that it is within the police power of the 
 state to impose reasonable restrictions on the practice of dentistry 
 would be digested under Physicians and Surgeons. 
 
 (e) Matters Relating to Statutes 
 
 Decisions involving the application of the constitutional provisions 
 relating to the enactment of statutes, provisions relating to the titles 
 of acts, forbidding local and special laws, and the like, are digested 
 under Statutes, because, as between the head Constitutional Law and 
 the head Statutes, the latter is a particular or specific head. But in 
 its relation to other main heads Statutes is itself a general head; and 
 the question often arises whether that head or one of the other spe- 
 cific heads should be searched for the construction of particular stat- 
 utes. The title Statutes is intended to cover all general questions of 
 the enactment, requisites, and validity of statutes, the compliance with 
 the special constitutional provisions, and general questions of amend- 
 ment. The topic also includes the general principles of implied and 
 express repeal ; but the repeal of a particular statute by another par- 
 ticular statute covering the same general subject will be found under 
 the particular head. Similarly as to the construction of statutes, while 
 the general rules of construction and the construction of words which 
 may and do occur in all statutes are included under the general head, 
 the construction of particular words which occur only in statutes re- 
 lating to particular subjects is to be found in the particular topic. 
 
 Thus the proposition that the word "may," as used in a statute, 
 should be construed as "must" or "shall" under some circumstances, 
 is digested under Statutes; but if the statute relates to the regulation 
 of druggists, a decision defining the word "druggist," as used in the 
 statute, would be digested under Druggists. 
 
 § 7. Same — Illustrations of Use of General and Specific Heads 
 
 To illustrate the apphcation of the rule as to the use of general 
 and specific heads, let us consider the following cases : 
 
 (1) A. agreed to run and saw a certain quantity of logs for B. 
 The logs were to be placed in A.'s wasteway ditch. The contract 
 further provided that A. should run and saw the logs with due dili- 
 gence and as fast as the stage of water would permit. In an action 
 by B. for a breach of the contract, whereby A. delayed sawing the 
 logs and allowed them to remain in the wasteway ditch until they 
 became sappy and wormy, A. set up as a defense that the delay was 
 caused by the breaking of his dam. Was this a good defense under 
 the contract? 
 
 The defense set up in this case involves the construction of the 
 clause in the 'contract requiring A. to saw the logs with due diligence. 
 
 2G2 
 
Ch. XVII) STANDARD CLASSIFICATION SCHEME § 8 
 
 Ordinarily, the general proposition of construction of contracts is to 
 be found under the title Contracts, which, of course, is a general head. 
 In this statement of facts, however, we have a problem as to the con- 
 struction of a particular kind of contract- — a logging contract. Con- 
 sequently, as there is a specific head covering this kind of contracts, 
 namely. Logs and Logging, we must go to that head, rather than the 
 general one of Contracts, for our proposition. 
 
 Moreover, this case illustrates the application of the rule of prec- 
 edence. Logs and Logging belongs in the category Property; where- 
 as, the head Contracts falls in the category Contracts. As the cate- 
 gory Property precedes the category Contracts, the rule of prec- 
 edence would require us to look under the property head, rather than 
 under the contract head, for this proposition. 
 
 (2) A. executed and delivered to B. a promissory note in consid- 
 eration of the promise by B. to refrain from prosecuting A.'s son for 
 forging and passing a note on B., and to conceal all his knowledge of 
 the forgery from the officers of the law. B. having brought action 
 on the note, A. pleaded that the note was void, because given in con- 
 sideration of the compounding of a felony. Is this a good defense? 
 
 The fact that the controversy here arises over the validity of a 
 promissory note might influence the investigator to the belief that such 
 cases would be digested under Bills and Notes. However, reflection 
 will show us that the principle invoked to escape liability on the note 
 is the general principle that contracts in consideration of the com- 
 pounding of offenses are void. Consequently, a proposition of this 
 kind would be found digested in the general head of Contracts, rather 
 than under a head designating a specific kind of contract, as the prin- 
 ciple is applicable to all contracts. 
 
 § 8. Use of Substantive and Remedial Heads 
 
 Another important application of the rule of precedence is found in 
 the distribution of matter between the remedial and the substantive 
 heads. The main heads, though classed under one category, the one 
 to which the most important phase of the subject-matter of such topic 
 relates, might, when considered in another aspect, be classified in an- 
 other category. This is particularly true when the heads are consid- 
 ered as embodying, not only the substantive law, which defines the 
 rights which it will aid, but also the adjective law, which provides 
 methods of aiding and protecting the rights defined. For instance, 
 Fraudulent Conveyances includes, not only the substantive law as to 
 what constitutes a fraudulent conveyance and the rights of the parties 
 and third persons thereunder, but also the form of the remedy and 
 the procedure available to set aside such a conveyance. So Trover 
 and Conversion is classed in the category Torts, though it almost 
 wholly is a remedial head ; only the first subdivision dealing with sub- 
 stantive law. Similarly some heads classed in the category of Remb- 
 
 263 
 
§ 8 HOW TO FIND THE LAW (Part II 
 
 DIES contain divisions which deal with phases of the law partaking 
 of a more or less substantive character, as, for example, the topic 
 Homestead. 
 
 There are, however, a number of heads that are so far remedial 
 that the substantive law which may reasonably be looked for therein 
 is reduced to a minimum. Of this nature are the heads Ejectment, 
 Replevin, and others which will readily come to mind. There is a 
 tendency on the part of some investigators to regard the form of the 
 remedy as the determining factor in classification, and to be guided 
 in their search for authorities on purely substantive questions by the 
 fact that the action was Bjectment, or Replevin, or some other similar 
 remedy. 
 
 From the rule already laid down as to precedence of topics and 
 as to the use of general and specific heads, it is obvious that such a 
 method of search is utterly at variance with any logical theory of clas- 
 sification. , The rule of precedence requires that a point relating to a 
 personal, a property, or a contract light should be placed under a 
 personal, a property, or a contract head, irrespective of the form of 
 action in which it arose. So, too, all strictly remedial heads, though 
 specific in so far as the procedure is concerned, are, as to the personal, 
 property, or contract right involved, of a general nature, and matter 
 relating to such rights is therefore excluded under the rule. 
 
 For example, adverse possession may be the foundation of the 
 right of action, or of the defense, in ejectment. Clearly, the question 
 whether adverse possession may be availed of as giving a right to 
 maintain ejectment, or as a defense to such action when brought by 
 another, is purely a question of procedure, and to be sought for, 
 therefore, under Bjectment; but it is just as clear that the question 
 as to the nature and duration of the possession necessary to raise 
 the presumption of title by adverse possession must be determined 
 in the same manner and by the same rules, whether raised in an action 
 of ejectment, or of trespass to try title, or of trespass quare clausum. 
 Consequently, decisions on that point must be sought for under the 
 topic Adverse Possession. Similar^ the rights of a mortgagee of 
 chattels may be an issue in an action of replevin or in attachment. 
 Certainly it is not to either of these heads that we would turn for 
 decisions relating to such rights, but rather to Chattel Mortgages. 
 
 Pursuing this subject a step further, it is clear that, if the question 
 is whether replevin will lie to recover a certain kind of property, we 
 must search Replevin. But suppose the question is whether a certain 
 article may be the subject of ownership ; that is, may be "property." 
 The fact that the question arose in an action of replevin will not de- 
 termine the classification. For example, that was the question in- 
 volved in the Iowa meteor case (Goddard v. Winchell, 86 Iowa, 71, 
 52 N. W. 1124, 17 L. R. A. 788, 41 Am. St. Rep. 481), and the case 
 
 264 
 
Ch. XVII) STANDARD CLASSIFICATION SCHEME § 9 
 
 is properly digested under Property. Though a question whether a 
 pew holder has such a property right in the pew that he may maintain 
 an action against one who disturbs him in his possession must be 
 looked for under Property, if the question was whether trespass was 
 a proper remedy, the point must be searched for under Trespass. Of 
 course, if the question refers to a specific kind of property for which 
 a head is provided in the digest scheme, such as Animals, we must go 
 to that head, rather than to the general head of Property. 
 
 § 9. Same — Illustration of Use of Substantive and Remedial 
 Heads 
 
 To illustrate the application of the rule as to the use of substantive 
 and practice heads, we may consider the following cases : 
 
 (1) A., while out hunting, discovered a wild deer and pursued it. 
 By a lucky shot he succeeded in wounding it, and continued the pur- 
 suit until he ran the deer down and managed to secure it alive. He 
 tied the deer to a tree while he went in search of some articles he had 
 dropped, intending to come back and lead the deer home. During 
 his absence the deer was discovered by B., who took it away. Can 
 A. maintain replevin for the deer? 
 
 A superficial examination of this statement of facts might in- 
 fluence the investigator to adopt the theory that the question involved 
 here was the right to maintain replevin for the deer, which would 
 probably impel him to search the practice head Replevin for author- 
 ities on the subject. A little reflection, however, would show him that 
 the real principle involved here is, not merely whether replevin will 
 lie for the deer, but whether A. had such property in the deer as en- 
 titled him to maintain an action to recover possession thereof. Con- 
 sequently, the proposition should be looked for, not under the practice 
 head, but under a substantive head covering the right of property, 
 namely, Animals. 
 
 Of course, it is obvious that this case also shows the distinction 
 between the general and specific heads. Questions as to what things 
 are the subjects of property are to be found generally under the 
 general head Property. But, as there is a specific head provided for 
 the law relating to all sorts of animals, propositions involving the 
 right of property in animals go to the specific, rather than the general, 
 head. 
 
 (2) A statute provides that the action of replevin may be main- 
 tained for "goods" unlawfully taken or detained from the owner 
 thereof. B. took from the possession of A. certain cattle. A. brought 
 replevin, and B. pleaded in defense that the cattle were not repleviable. 
 Is this a good plea ? 
 
 It is evident that the question presented here is whether cattle are 
 "goods," within the statute referred to. As this is a statute dealing 
 
 265 
 
§ 9 HOW TO FIND THE LAW (Part II 
 
 specificaHy with the action of replevin, it is evident that the question 
 here is, not whether cattle are "property," but whether they are 
 "goods," within the meaning of this statute, giving the right to re- 
 plevy goods. Consequently the point involved is one of replevin, and 
 not the general one of what constitutes property. Therefore this prop- 
 osition would be looked for under the practice head Replevin, and not 
 under the head Animals. 
 
 This case also illustrates the use of general and specific heads. 
 Construction of statutes generally would go to the title Statutes, but 
 in this case we have the construction of a specific statute, namely, a 
 statute relating to the right to maintain replevin. Consequently the 
 cases involving the construction of this statute are digested under the 
 specific head Replevin, and not under the general head Statutes. 
 
 § 10. Same — Substantive and Remedial Subdivisions of Topics 
 
 Similar rules determine the classification of propositions between 
 the substantive and remedial subdivisions of any particular topic. 
 Nearly all main topics contain remedial subdivisions covering the ac- 
 tions to enforce the rights or liabilities treated in the substantive 
 portion of the topic. If there are subdivisions for actions generally 
 and for actions to enforce particular rights, the rule as to the dis- 
 tribution of matter between specific and general heads becomes ap- 
 plicable. For instance, actions on a policy of insurance go to sub- 
 division XVIII of the topic Insurance; but, as there is a special 
 subdivision for contracts of reinsurance, actions on such contracts 
 go to the specific subdivision, rather than the general subdivision of 
 actions. 
 
 The mere fact that a paragraph construes an instruction does not 
 place it in the remedial subdivision. For instance, a proposition to the 
 effect that it is proper to instruct the jury that a breach of warranty 
 avoids the policy of insurance, irrespective of the knowledge and in- 
 tent of the insured, is a mere statement of the substantive law, and 
 should be looked for in the substantive subdivision covering the efifect 
 of a breach of warranty, rather than in the subdivision covering ac- 
 tions on the policy. 
 
 Very often a paragraph will state that a complaint reciting cer- 
 tain facts states a cause of action. This, again, is merely a statement 
 of the substantive law that the facts recited are the basis of the right 
 or liability which is the subject of the topic, and such paragraph 
 should, therefore, be looked for in the substantive subdivision. The 
 same may be said of paragraphs reciting the facts, with a holding that 
 the evidence was sufficient to sustain the verdict. If, however, the 
 paragraph recites contradictory facts, with a similar holding, it must 
 be construed as passing on the weight of evidence, and will be found 
 under the proper black letter line in the remedial subdivision. 
 
 2G0 
 
Ch. XVII) STANDARD CLASSIFICATION SCHEME § 10 
 
 (a) Illustration 
 
 To illustrate the rule of the distribution of matter between sub- 
 stantive and practice subdivisions of a topic, we may consider the 
 following cases : 
 
 (1) In an action against a railroad company for personal injuries 
 received by plaintiff while he was walking on a railroad track, the 
 court instructed the jury that a plaintiff was guilty of contributory, 
 negligence if he was walking on the track and neither looked nor! 
 listened, if by looking and listening he could have discovered an ap- 
 proaching train in time to have avoided it. Is this instruction an in- 
 vasion of the province of the jury? 
 
 This statement of facts might be regarded as involving the question 
 of what constitutes contributory negligence. But it is easily seen that 
 the question really involved here is whether such an instruction in- 
 vaded the province of the jury. That is to say, the real question here 
 is whether contributory negligence is a question for the jury or for the 
 court. Consequently this proposition, since it involves the propriety 
 of such an instruction, considered as an instruction, would be found 
 under the practice subdivision of the title Railroads. 
 
 Moreover, this case illustrates the use of the specific, rather than 
 the general, head. The question whether an instruction invades the 
 province of the jury would ordinarily go to the topic Trial, but in 
 this case the principle is applied to a condition of facts which could 
 arise only in an action against a railroad company, namely, whether 
 walking on a railroad track without looking or listening constitutes 
 contributory negligence. Therefore the proposition should be looked 
 for under the practice subdivision of the title Railroads, rather than 
 under the general title Trial. 
 
 (2) In an action brought by a servant against his master for person- 
 al injuries alleged to be "due to defective machinery, the court in- 
 structed the jury that an employer is not bound to furnish the latest, 
 newest, best, or safest appliances, but is required to use only ordinary 
 care in selecting and providing reasonably safe and suitable machinery. 
 Is such an instruction proper? 
 
 It is true that this question takes the form of an instruction to the 
 jury. This might influence the investigator to the belief that, since 
 it involved the propriety of an instruction, it should be looked for 
 under the practice subdivision of the topic Master and Servant. How- 
 ever, a moment's reflection shows that the real question here is, not so 
 much the propriety of the instruction, as an instruction, but whether the 
 instruction states the true rule of law governing the relations of master 
 and servant; that is to say, the substantive question of the extent of the 
 master's responsibility as to furnishing safe appliances. This shows 
 that a proposition of this kind must be looked for under the substan- 
 tive subdivision of the topic Master and Servant, namely, division III, 
 
 267 
 
§ 11 HOW TO FIND THE LAW (Part II 
 
 subd. (B), rather than the subdivision which deals with actions for the 
 injury. 
 
 § 11. The Basic Principle 
 
 If the reader has closely followed the explanation of the three 
 rules governing the distribution of digest matter, he must have noticed 
 that the one basic principle underlying all three of the rules is the 
 principle that all digest paragraphs are classified according to the 
 principal subject-matter involved. Consequently, in searching for 
 particular propositions, regard must be had to the principal subject- 
 matter of such proposition. 
 
 Suppose, for example, the investigator is interested in a proposition 
 involving the vahdity of a mortgage given by a married woman on a 
 mining claim. Now the rights and powers of married women are 
 treated under Husband and Wife. All matters as to the requisites 
 and validity of mortgages are treated under Mortgages. The law 
 relating to mining claims is to be found digested under Mines and 
 Minerals. If the question involved in the supposed proposition is the 
 validity of a mortgage given by a married woman — that is to say, if 
 the proposition turns on the fact that it was a married woman who 
 gave the mortgage — then the law would be found under Husband and 
 Wife. If the proposition turns on whether the mortgage, considered 
 as a mortgage merely, was properly executed and valid, the law would 
 be found digested under Mortgages. If, however, there is a law or 
 statute governing mortgages of mining claims, and the question turns 
 on the validity of the mortgage as the mortgage of a mining claim, be- 
 cause of this particular law or statute, then the law relating thereto 
 would be found digested under Mines and Minerals. 
 
 § 12. Importance of Careful Analysis of Facts 
 
 From what has been said regarding the scope of the various topics 
 and the rules governing the distribution of digest matter thereunder, 
 it has probably impressed itself upon the reader that the word of dis- 
 tributing digest matter among the 412 main topics of the Standard 
 Classification Scheme calls for the exercise of most discriminating 
 judgment on the part of the digester. It may also occur to him that 
 the correlative of this proposition is true — that to find in the digest 
 the law governing any particular proposition presupposes that the in- 
 vestigator has carefully analyzed his proposition, so as to determine 
 the exact principle of law involved. 
 
 As illustrating the necessity of careful analysis in distributing the 
 matter, so that a correspondingly careful analysis will lead the in- 
 vestigator to it, let it be supposed that the proposition laid before the 
 digester is this : "A landowner may use reasonable and necessary 
 force in expelling a trespasser." This seems to be a declaration of 
 a general principle of law that should go to Trespass, since it asserts 
 
 LMJX 
 
Ch. XVII) STANDARD CLASSIFICATION SCHEME § 13 
 
 a remedy of a landowner against a trespasser ; but, on second thought, 
 the digester would probably realize that courts do not take cognizance 
 of the use of force as an affirmative remedy available to private per- 
 sons in the assertion of their civil rights. Further analysis suggests 
 that the principle stated must be an excuse or justification pleaded by 
 the landowner, when charged with the wrongful act of using force 
 against a person — that is, when charged with assault. The proposition 
 is, therefore, classified under Assault and Battery. 
 
 Though the importance of careful analysis was insisted upon as 
 a preliminary step in the use of the descriptive word method of finding 
 authorities, it is evident that analysis is much more important if it is 
 attempted to locate authorities by the classification scheme. This 
 method cannot be successfully applied unless the investigator knows 
 the real principle of law which governs his facts; whereas, in the use 
 of the descriptive word method, a provisional hypothesis is usually 
 sufficient. The use of the classification scheme, therefore, presup- 
 poses a more complete knowledge of principles, a more careful and 
 thorough analysis of facts, and a keener discrimination in the appli- 
 cation of the principle to those facts. 
 
 § 13. Application of Principles of Classification in Finding the 
 Law 
 
 Having given the reader a general survey of the principles of di- 
 gest classification, it may be well to illustrate by a concrete case the 
 method of using the classification scheme to locate a line of authori- 
 ties. 
 
 Let us suppose that the brief maker desires to find authorities which 
 will govern the following facts : 
 
 A boy 18 years old, in a city where he was not known, being prac- 
 tically destitute and out of work, sent a telegram to his parents re- 
 questing them to send him money. The telegraph company was neg- 
 ligent in the transmission and delivery of the message, as a result 
 of which the delivery was delayed, and the boy was put to great in- 
 convenience and suffering. He brought an action for damages for 
 the negligence of the telegraph company in its handling of the mes- 
 sage. The telegraph company pleaded in defense that the action could 
 not be maintained, as the boy had not complied with the stipulation 
 in the contract, printed on the message blank, requiring claims for 
 damages to be presented to the telegraph company within 60 days after 
 the filing of the message for transmission. The question is whether 
 this is a good defense. 
 
 It is very clear that the problem presented here is whether the in- 
 fant is liable on his contract for the transmission of this message. 
 The ordinary rule is that an infant is not liable on his contracts, but 
 among the exceptions is this : That an infant is liable on contracts 
 for necessaries. Consequently the question here is whether the con- 
 
 269 
 
§ 13 HOW TO FIND THE LAW (Part II 
 
 tract for the transmission of the message was a contract for neces- 
 saries, on which an infant would be liable. 
 
 Applying the rule of precedence the brief maker must conclude that 
 the law relating to infants' contracts will be digested under the per- 
 sonal head Infants rather than under the contract head Contracts, for 
 the reason that the title Infants falls in the category Persons, where- 
 as the title Contracts is in the category Contracts. He turns, there- 
 fore, to the title Infants in the Decennial Digest (vol. 10). Going to 
 the analysis at the beginning of the topic he finds that it is subdivided 
 into seven subdivisions, as follows: 
 
 I. Disabilities in general. 
 
 II. Custody and protection. 
 
 III. Property and conveyances. 
 
 IV. Contracts. 
 V. Torts. 
 
 VI. Crimes. 
 VII. Actions. 
 
 Applying the rule as to the use of substantive and practice subdivi- 
 sions of the topic, he determines at once that, as the question involved 
 is one of substantive law, and not of practice, his authorities will be 
 found under Division IV, Contracts, rather than under Division VII, 
 Actions. He therefore examines the analysis under Division IV, and 
 discovers that section 50 covers the question of liability of an infant 
 on his contracts for necessaries. He turns, therefore, to that section, 
 and discovers a number of cases dealing with what constitutes neces- 
 saries, and among them the case of Western Union Telegraph Co. v. 
 Greer, 115 Tenn. 368, 89 S. W. 327, 1 L. R. A. (N. S.) 525, covering 
 the point involved in his statement of facts. 
 
 270 
 
Ch. XVIII) STANDARD CLASSIFICATION BELATED TOPICS § 2 
 
 CHAPTER XVIII 
 
 DIGEST CLASSIFICATION— STANDARD CLASSIFICATION SCHEME- 
 DISTRIBUTION OF MATTER AMONG iRBLATED TOPICS 
 
 § 1. Introduction. 
 
 2. Negligence Topics. 
 
 3. Master and Servant. 
 
 4. Railroad Group. 
 
 5. Matters Relating to Marriage Relation. 
 
 6. Matters Relating to Infants. 
 
 7. Matters Relating to Public Officers. 
 
 8. Matters Relating to Corporations and Other Associations. 
 
 9. Crimes and Criminal Law. 
 
 10. Matters Relating to Political Subdivisions. 
 
 11. Miscellaneous Topics. 
 
 § 1. Introduction 
 
 Though the Standard Classification Scheme is thoroughly logical 
 and in theory simple, yet in dealing with the enormous body of case 
 law, with the ever-increasing variety and complexity of the applica- 
 tions of principles to facts, the practical use of the scheme, simple and 
 logical as it is, has given rise to difficulties that may well bother even the 
 most expert digester. It is impossible to anticipate all the difficulties 
 that will arise to confront the student or practitioner in his search for 
 authorities on any given point. It is, therefore, difficult to select, a 
 priori, particular topics as to which special explanation may be re- 
 garded as necessary. There are, however, certain groups of topics 
 which, because of their relation to each other, may cause confusion 
 in the mind of the investigator. This relation may arise when some of 
 the topics of the group are actually subdivisions of one general branch 
 of law, or when the subjects are merely analogous. 
 
 2. Negligence Topics 
 
 One of the most interesting of these groups is the group of negli- 
 gence heads, which, for this purpose, may be regarded as including not 
 only Torts and Negligence, but also all heads involving personal rela- 
 tions calling for the exercise of care and diligence on the part of one 
 party to avoid injury to the other party — such as Carriers, Master and 
 Servant, etc. As to the main heads Torts and Negligence, since both 
 belong to the same category, the rule of precedence does not apply. 
 Both heads relate only to strangers, and the distinction between 
 them is one of definition only. Torts involves the idea of intentional 
 wrong, while Negligence involves only the idea of lack of care, though 
 it may be willful. Like Negligence, Torts is confined to general prin- 
 ciples and instances where no personal relation imposing special duties 
 exist. Specific torts, such as assault, libel, or trespass, are excluded 
 and placed under the specific heads. So, too, torts by particular per- 
 
 271 
 
§ 2 HOW TO FIND THE LAW (Part II 
 
 sons, such as infants and corporations, or liabilities arising by reason 
 of particular personal relations, such as that of master and servant, 
 are placed under the specific heads. 
 
 Regarding Negligence as the type of the group— as the general 
 head — and following the rule of precedence, it is evident that prop- 
 ositions involving negligence of a railroad company or a street rail- 
 way company must go to the specific head. But if the railroad com- 
 pany is involved in its capacity as a carrier of passengers, its Hability 
 for negligence towards the passengers goes to Carriers. If it bears to 
 the person injured the relation of an employer, the liability for the 
 negligence causing the injury goes to Master and Servant. Assume 
 that the negligence results in the death of the person injured. The 
 main topic Death, though placed in the category Persons, since it 
 covers the presumption of death and survivorship and similar ques- 
 tions relating to the person, is a composite head, in that it covers ac- 
 tions for wrongful death. Negligence resulting in death, it would 
 seem, should therefore go to the main topic Death. But in this aspect 
 Death, like Negligence, is a general head. It covers only general prin- 
 ciples and liability for wrongful death as between strangers. If the 
 negligence was that of a railroad company, the proposition would be 
 digested under Carriers if a passenger was killed, under Master and 
 Servant if an employe was killed, and under Railroads if the person 
 was killed while on or crossing the tracks. Similarly, where the per- 
 son was killed by an explosion of gas, a proposition as to the liability 
 of the gas company will be digested under Ga<s. Though Death is a 
 general head, it is as to Negligence a specific head, and general ques- 
 tion's of negligence, though arising in an action for wrongful death, 
 will be found under Negligence. 
 
 In this connection attention might be called to the fact that, though 
 the main head Aliens covers the right of an alien to sue, the right 
 of an alien to maintain an action for wrongful death, if based on a 
 statute relating to such actions, is placed under Death. Negligent 
 killing, constituting manslaughter, is found under Homicide, though 
 the general criminal responsibility for negligence is under Negligence. 
 
 The main title Master and Servant, as a receptacle of propositions 
 involving negligence of the master towards his servant, also includes 
 cases involving injuries to seamen, if the point is decided on general 
 principles. If, however, the case is governed by rules peculiar to mari- 
 time law^ — as, for instance, the admiralty rule as to the division of 
 damages where both parties are negligent — the matter will be di- 
 gested under Seamen. If the point relates to liability for injury to a 
 longshoreman, it will be digested under Master and Servant, if the 
 action is against an independent contractor who is the employer. If, 
 however, the action is against the vessel under the admiralty rules, the 
 point will be digested under Shipping. 
 
 272 
 
Ch. XVIII) STANDARD CLASSIFICATION RELATED TOPICS § 5 
 
 § 3. Master and Servant 
 
 While we are considering the topic Master and Servant, we may 
 well refer to its scope as a contract head. While the topic covers 
 the relation of master and servant generally and the express contract 
 of employment, the implied contract is covered by the main topic 
 Work and Labor. In the topic Work and Labor is also included any 
 questions as to the effect of an express contract on the right to recover 
 on a quantum meruit. Contracts for specific work, not involving a 
 hiring of services, are covered by Contracts. 
 
 § 4. Railroad Group 
 
 Another group of topics is that which includes Railroads, Street 
 Railroads, and Carriers. Railroads may be regarded as the general 
 topic in this group. It covers all matters as to the organization and 
 management of railroad corporations, and the construction, mainte- 
 nance, and operation of railroads. The scope of the topic Street Rail- 
 roads is apparent from the title. If, however, the railroad company 
 or the street railroad is involved in its relation as a carrier of passen- 
 gers or goods, the matter is covered by the topic Carriers. Carriage 
 of passengers or goods in vessels, if the proposition involves the ap- 
 plication of principles of the maritime law, is placed under Shipping; 
 but, if the principle involved is one of general application to all classes 
 of carriers, the proposition will be digested under Ca/rriers, though the 
 particular carrier was a vessel. Express companies and palace and 
 sleeping car companies are, of course, regarded as carriers within the 
 topic. 
 
 § 5. Matters Relating to Marriage Relation 
 
 The group of topics relating to the marriage relation presents no 
 particular difficulties. The marriage contract in general, its nature, 
 creation, proof, and annulment, are covered by the main head Mar- 
 riage. The breach of the promise to marry is covered by the main 
 head Breach of Marriage Promise, and, of course, the requisites and 
 validity of the agreement to marry, the breach of which is the ground 
 of action, is also included in this head, though the requisites and va- 
 lidity of the contract of marriage is placed under Marriage. In this 
 connection it may be remarked that seduction under promise to marry, 
 whether regarded as a tort or a crime, is covered by the main head 
 Seduction; but seduction as an aggravation of damages for breach 
 of promise to marry is placed under Breach of Marriage Promise. 
 The rights, disabilities, and liabilities incident to the marriage relation 
 are covered by the main head Husband and Wife. This topic also 
 includes contract and property rights; but rights of dower and of 
 curtesy are excluded, specific heads being made for those subjects. 
 The criminal offense of abandonment by the husband is included in 
 Husband and Wife; but the right to, and grounds of, and actions 
 Brief Mak.(3d Ed.)— 18 27.3 
 
§ 6 HOW TO FIND THE LAW (Part II 
 
 for, divorce are covered by the head Divorce. The main topic Hus- 
 band and Wife also covers actions for ahenation of the affections and 
 for criminal conversation, which is the civil liability for adultery. 
 Adultery as a ground for divorce is placed under Divorce, but as a 
 public offense is covered by the head Adultery. 
 
 § 6. Matters Relating to Infants 
 
 Another group of topics dealing with the domestic relations is that 
 represented by Infants, Parent and Child, and Guardian and Ward. 
 The main head Infants covers all questions relating to persons not of 
 full age, regarded as individuals, their rights and disabilities, judicial 
 control of their persons and property, and legal proceedings concern- 
 ing them. The guardianship of the persons and estates of infants, 
 whether by nature or under parental or judicial appointment, is cov- 
 ered by Guardian and Ward. But questions which relate to the rights, 
 powers, duties, and liabilities of parents and children between them- 
 selves, or as to third persons dependent on the existence of the rela- 
 tion, go to Parent and Child. The creation of the relation by adop- 
 tion, and the particular rights incident thereto, is covered by Adop- 
 tion. The status of illegitimate children is relegated to the topic 
 Bastards. Particular wrongs and offenses, though affecting the pa- 
 rental relation, are covered by specific heads, such as Abduction, Se- 
 duction, and the like. 
 
 Some difficulty may arise when the question as to the right to the 
 services of the child arises. The right of a parent to the services of 
 his minor child is digested under Parent and Child; but generally 
 the right to the services of an adult child is digested under Work and 
 Labor — the right, if it exists, being implied from the relation. If, 
 however, there is an express contract, the proposition would, of course, 
 be found under Master and Servant. 
 
 § 7. Matters Relating to Public Officers 
 
 The group of topics which includes the general topic Officers and 
 specific heads relating to particular officers, affords illustrations of the 
 application of the fundamental rules of classification. For example, 
 propositions involving the appointment, qualification, and tenure of 
 officers generally, their rights, duties, and liabilities — questions which 
 apply to all officers — are digested under the general title Officers. 
 Propositions relating to particular officers, represented by specific 
 heads, are digested under such specific heads — Judges, Sheriffs and 
 Constables, and the like. There are, however, numerous officers not 
 represented among the special heads, such as Secretary of State, coun- 
 ty treasurer, and mayor of a city. Matters relating to such officers 
 are placed under the main heads denoting the political subdivisions 
 to which the officers respectively belong — namely, United States, 
 States, Counties, Municipal Corporations, etc., as the case may be. 
 
 274 
 
Ch. XVIII) STANDARD CLASSIFICATION RELATED TOPICS § 9 
 
 The group also illustrates the rule of precedence in this : While mat- 
 ters relating to a particular officer, such as judges, will be digested 
 under the main head Judges, the question whether a particular remedy 
 is applicable to a particular officer goes to the head designating the 
 remedy; that is to say, whether mandamus will lie against a judge 
 will be found under Mandamus. 
 
 § 8. Matters Relating to Corporations and Other Associations 
 
 The group of main topics which includes Corporations, Partner- 
 ship and other heads designating associations of individuals, presents 
 but few peculiarities. As a rule the scope of each topic is accurately 
 represented by the definition of the term used as to title. The topic 
 Associations is a general head covering unincorporated associations, 
 while associations founded for particular purposes are covered by 
 specific heads. If the association has a capital stock divided into 
 transferable shares, it is covered by the topic Joint-Stock Companies. 
 The main head Clubs covers both incorporated and unincorporated as- 
 sociations organized for social or other purposes, not for pecuniary 
 profit, and not of a specifically educational, charitable, or religious na- 
 ture. Associations for the purpose of furnishing mutual aid, pecun- 
 iary or otherwise, are covered by Beneficial Associations; but mutual 
 benefit associations organized for the purpose of mutual insurance are 
 covered by the topic Insurance, and labor unions by Trade Unions. 
 
 § 9. Crimes and Criminal Law 
 
 The most important group of topics includes those covering crim- 
 inal subjects. Of this group the general head is Criminal I^aw, which 
 covers all questions of criminal practice except indictment and in- 
 formation and a few special remedies. The topic stands in the same 
 relation to specific crimes as the general civil practice heads. Evidence, 
 Trial, Appeal and Error, and the like, stand to the specific topics other 
 than criminal. Matters which are general in their nature — principles 
 applicable to all criminal proceedings — are placed under the general 
 head. Except as to pleas of defendant which are covered by one of 
 the subdivisions of the main topic Criminal Law, the pleading head for 
 criminal matters is the topic Indictment and Information. Its scope 
 corresponds to the scope of the civil head Pleading. For example, 
 suppose a statute provides that the prosecuting attorney must sign 
 and verify all informations. As the statute does not refer specifically 
 to any crime, it is apparent that it applies, no matter which crime 
 the information charges. Therefore for the construction of sueh stat- 
 ute you would look under Indictment and Information, though your 
 case is a prosecution for larceny. But suppose your case involves the 
 larceny of three articles, a watch, a chain, and a ring, and your ques- 
 tion is whether the value of the articles taken must be charged in spe- 
 cific items or in the aggregate. Obviously such a question could not 
 
 275 
 
§ 9 HOW TO FIND THE LAW (Part II 
 
 arise in homicide, or forgery, or arson, but only in larceny. Con- 
 sequently for decisions on such proposition you must look under Lar- 
 ceny. 
 
 There are a number of special statutory crimes for which no special 
 heads are provided, and which are covered by special subdivisions un- 
 der substantive heads otherwise civil. For instance, criminal respon- 
 sibility for violation of health regulations is placed under Health, a 
 topic which also covers the substantive law of a civil nature. But the 
 mere fact that a statute makes a special application of the penalty to 
 a particular class of persons does not remove it from the ordinary 
 criminal head. For instance, though by statute embezzlement by a 
 bank officer is specifically defined, cases involving such an offense would 
 be found under Embezzlement. On the other hand, the offense com- 
 mitted by a bank officer by receiving deposits after knowledge of in- 
 solvency, no matter by what name it is called, is covered by Banks and 
 Banking. The offense of malicious burning of buildings is covered 
 by Arson; but burning a building for the purpose of defrauding an 
 insurer is digested under Insurance. 
 
 Returning for a moment to the topic Criminal Law, attention may 
 be called to a feature which does not seem to agree with the general 
 theory as to the scope of the topic. Except in so far as the question 
 of former jeopardy is concerned, the effect of an adjudication in a 
 criminal proceeding is digested under the head Judgment. This 
 question, it is true, usually arises in civil cases; but a few criminal 
 cases will be found in which the question was involved, though in no 
 way connected with the principle of former jeopardy. 
 
 § 10. Matters Relating to Political Subdivisions 
 
 The group of topics designating the various political subdivisions 
 may need a few words of explanation. So far as the topics United 
 States, States, and Territories, are concerned, their scope is fairly 
 indicated by the scope-note. The only difficulty that might arise is 
 in regard to the topic Municipal Corporations, and its relation to such 
 topics as Counties, Towns, etc. Technically counties and towns (using 
 the term "town" in the sense of township) are municipal corporations, 
 and it might therefore be supposed that the topic Municipal Corpora- 
 tions is the general topic of this group, while Counties and Towns are 
 specific heads. Such, however, is not the fact. By common usage, 
 even among lawyers, the term "municipal corporations" is almost 
 always meant to designate only incorporated cities, villages, and the 
 hke; and this limited meaning is the one attached to the term when 
 used as a digest head in the Standard Scheme. So propositions re- 
 lating to bonds issued by cities, towns, or counties, though involving 
 the legal principles of a general character applicable to such bonds, 
 whether issued by a city, a county, a town, or a school district, will 
 nevertheless be distributed under Counties, Towns, Schools and School 
 
 276 
 
Ch. XVIII) STANDARD CLASSIFICATION RELATED TOPICS § 11 
 
 Districts, or Municipal Corporations, as the power issuing them is a, 
 county, a town, a school district, or an incorporated city or village. 
 
 While we are considering the scope of the head Municipal Corpora^ 
 tions, it may be well to call attention to another feature of the topic 
 which brings it into relation with Highways. The main head High- 
 ways covers, not only the establishment and construction of highways, 
 but also the regulation and use thereof for purposes of travel. A city 
 street is, of course, a highway, just as much as is a country road. 
 The topic Highways, however, covers only propositions relative to 
 the establishment and use of roads outside of the limits of the city. 
 Propositions dealing with the use of city streets for purposes of travel, 
 though such use is governed by identically the same principles as the 
 use of a country road, are placed under Municipal Corporations. 
 
 The topics designating political subdivisions. States, Counties, Mu- 
 nicipal Corporations, etc., bear also to the topic Taxation a relation 
 which needs some explanation. The topic Taxation is a general topic, 
 and covers the whole subject of general taxation — the power to tax, 
 subjects of taxation, and levy, assessment, and collection of taxes. 
 More particularly does it relate to taxation for the general purposes 
 of the state. On the other hand, taxation for local and special pur- 
 poses, the power of a county, a town, or a city to levy taxes for its 
 own special and local purposes, is covered by the specific heads. So, 
 too, taxation for such special purposes as highways, levees, drains, and 
 the like, is covered by the main heads Highways, Levees, Drains, etc. 
 
 § 11. Miscellaneous Topics 
 
 The reasonableness of the fundamental rules for the distribution of 
 matter among general and specific heads may be conceded. But it may 
 be asked wherein lies the necessity for making special heads of sub- 
 jects which are in effect mere subdivisions of other general or spe- 
 cific topics. Why, for instance, is Collision, made a specific head, 
 while all other maritime torts find a place under Shipping? Why, 
 when there is a general head covering Inspection, should inspection of 
 food be placed under Food, or inspection for the protection of public 
 health be put under Health, both being designed for the same pur- 
 pose? 
 
 For the purpose of having reviewed a decision of the trial court 
 against you, you are about to prepare your bill of exceptions, and de- 
 sire to look up the law as to settling and signing the bill. As this is 
 a proceeding in preparation of an appeal or writ of error, you per- 
 haps expect to find the law under Appeal and Error; but instead you 
 find a cross-reference to the effect that such matter is under the main 
 head Exceptions, Bill of, and you naturally ask why. The reason for 
 the existence of many of these special heads is easily given. In prob- 
 ably a large majority of instances they have been made because there 
 is such a large amount of matter relating to the particular subjects 
 
 277 
 
§ 11 HOW TO FIND THE LAW (Part II 
 
 that to place it under one of the general or allied heads would render 
 such heads topheavy and result in carrying the process of subdivision 
 to an impractical extent. This, at least, explains why Collision is 
 taken out of Shipping, and why other specific subjects have been 
 taken out of general heads and specific heads made to cover them. 
 Such, too, was the theory on which Exceptions, Bill of, was made a 
 head. While in such a digest as the Century, such a division of the 
 matter was perhaps convenient, it is entirely unnecessary in smaller 
 annual and state digests. It has been retained in the American Digests 
 for the sake of uniformity, but has been combined with Appeal and 
 Error in some smaller digests compiled on the Standard Scheme. 
 
 Inspection, as a main head, covers only the examination and certifi- 
 cation of quality by public authority of articles of merchandise, to 
 determine their fitness for use, etc., principally, to prevent frauds. 
 Regulations for the protection of public health are covered by Health. 
 to secure purity of articles of food are covered by Food, but the crim- 
 inal offense of adulterating food is covered by the main head Adultera- 
 tion. It may be of interest to note that from Inspection is carefully 
 excluded inspection in a general sense — that is to say, inspection of 
 writings or of the person; such matters being treated under Discov- 
 ery, Damages, Trial, and the like, according to circumstances. 
 
 Analogous to Inspection is the main head Licenses. This covers 
 licenses for occupations and pursuits for which no specific head is 
 made; but licenses for particular occupations, etc., represented by 
 specific heads, are covered by such heads, as, for example. Attorney 
 and Client, Innkeepers, Theaters and Shozvs. But Licenses is a com- 
 posite head. Besides occupation licenses, it also covers the matters 
 relating to the permission given by owners of real property to persons 
 having no estate therein to do some act thereon. 
 
 As was remarked at the outset, it is impossible to anticipate all of 
 the difficulties that will confront the investigator in his search for au- 
 thorities by the principles of classification. A small volume might 
 easily be written in explanation of the theory of classification and its 
 practical application to the making of digests. The explanation of the 
 theory of the Standard Classification Scheme given in Chapter XVII 
 and in these pages covers only the general principles. The thoughtful 
 investigator, by a study of the scope-notes and definitions of the main 
 titles to be found in the Century or Decennial Digest, comparing the 
 various titles, and observing their relations to each other, may discover 
 for himself most of the important distinctions by which the classifica- 
 tion of digest matter is governed. Such study is earnestly recom- 
 mended to the reader. 
 
 278 
 
Part III 
 
 USE OF DECISIONS AND 
 STATUTES 
 
 By EUGENE WAMBAUGH 
 professor of law, harvard law school 
 
 Beief Mak.(3d Ed.) 279 * 
 
PART III 
 
 USE OF DECISIONS AND STATUTES 
 
 By Eugene Wambaugh 
 Professor of Law, Harvard Law School 
 
 CHAPTER XIX 
 
 AUTHOEITX IN GENEEAL— IMPERATIVE AND PERSUASIVE 
 AUTHORITY 
 I 1. Introduction. 
 
 2. Sources of Material. 
 
 3. Distinction Between Statutes and Decisions. 
 
 4. Selecting and Valuing Material. 
 
 5. Interpretation of Decisions. 
 
 6. Authority. 
 
 § 1. Introduction 
 
 The preceding chilfiters of this volume have been devoted to what 
 may be called the mechanical side of brief making — to the descrip- 
 tion of the deposits of raw material, the tools by which that material 
 is to be mined, and the method of using those tools. 
 
 In the chapters comprising Part I — Chapters I to VI, inclusive — 
 the reader was given a specific description of the sources and reposi- 
 tories of the law and of the books that he must use in finding the law. 
 In Part II — Chapters VII to XVIII, inclusive — the various methods by 
 which the different classes of books may be used to the best advan- 
 tage were described in detail, for the purpose of showing the brief 
 maker how to extract from the various sources and repositories of the 
 law, the particular information he may at any time desire as material 
 for his brief. 
 
 We are now to take up the third part of the problem, which involves 
 the questions of how to select, weigh, and value the material thus ob- 
 tained, preparatory to the actual work of synthesis — the combining of 
 the several elements into the complete and finished brief. 
 
 As an introduction to this branch of the subject, it is desirable 
 to review briefly, and from a somewhat different point of view, a few 
 of the more important facts that have been developed in the preceding 
 chapters. 
 
 § 2. Sources of Material 
 
 It was pointed out at the very beginning of the volume that the 
 
 books to be examined. by the brief maker may be divided, as regards 
 
 their relation to the foundation of the law and to one's means of 
 
 learning the law, into three classes — original, or primary, sources, 
 
 Brief Mak.(.3d Ed.) 281 
 
§ 3 USE OF DECISIONS AND STATUTES (Part III 
 
 secondary sources, and search books. Certainly no one would speak 
 slightingly of treatises, encyclopaedias, digests, and similar aids in 
 learning the law ; but no one would conceive that they make the law, 
 or even help to make it — save, indeed, as they may tend, in the absence 
 of imperative authority, to persuade the Legislatures or the courts to 
 follow them — or even that they are the most authoritative means for 
 ascertaining what the law now is. Consequently, as was said at the 
 outset, they must be classed as secondary sources. As to search books 
 it need only be repeated that they are not to be regarded as authority 
 in any sense whatever. The only primary sources are decisions and 
 direct legislation, and it now becomes necessary to explain the chief 
 resemblances and differences between these two primary sources of 
 law. 
 
 § 3. Distinction between Statutes and Decisions 
 
 Direct legislation is found in constitutions, statutes, and ordi- 
 nances. These three classes differ in several ways, and especially in 
 usually being adopted respectively by popular vote or constitutional 
 conventions, by national or state legislative bodies, and by city councils 
 or other bodies of narrow jurisdiction; but the three classes have in 
 common three characteristics which for the present purpose are the 
 most important, namely: (1) That they frankly purport to originate 
 law ; (2) that they usually mean this new law to govern future trans- 
 actions only; and (3) that they are embodied in definite terms, which 
 seek to indicate, with as little opportunity for dispute as possible, ex- 
 actly what general rule is meant to be created. There is no one name 
 invariably and exclusively appropriated to the three classes of direct 
 legislation. All three are sometimes included indiscriminately under 
 the term "statutory law." The term "written law" is perhaps more 
 frequently used, by lawyers at least. 
 
 The primary source of our knowledge of law which is distinguished 
 from direct legislation is judicial decision. There is a dispute among 
 theorists upon the question whether judicial decisions actually make 
 law. The dispute is interesting and important, but it has no real bear- 
 ing upon the matter we are considering, namely, the question of ascer- 
 taining how to use decisions, since one uses decisions in precisely the 
 same manner, whether he believes that they make law, or simply that 
 they demonstrate what the law is. In other words, no one doubts that 
 the existence and the terms of a great part of our law can be proved 
 in no other way than by ascertaining how the judges have decided spe- 
 cific cases. 
 
 Although the decisions are usually reduced to writing, and finally 
 form the volumes of reports, they are said to constitute the unwritten 
 law — an apparent inconsistency in nomenclature, upon which it is un- 
 necessary to dwell just now."- 
 
 1 See chapter I, § 3, supra. 
 
Ch. XIX) AUTHORITY IN GEXBRAL § 5 
 
 § 4. Selecting and Valuing Material 
 
 In the case of statutes, some hints as to the methods of weighing and 
 valuing have already been given in Chapter VII where the general 
 subject of the necessity of examining the statutes as a step preliminary 
 to the search for precedents was discussed. Further discussion of this 
 phase of the brief maker's work will be made the subject of a future 
 chapter. But as judicial decisions furnish the greater part of the law- 
 yer's skill, fill the greater part of his library, and consume the greater 
 part of his time when he is preparing a brief, it is with judicial deci- 
 sions that our discussion of the subject of selecting and valuing ma- 
 terial will deal first. 
 
 The importance of exercising great care, discrimination, and judg- 
 ment in the selection of authorities cannot be too greatly emphasized. 
 It is not every statement of law by the courts that bears the stamp of 
 authority. Not even every decision possesses authoritative influence. 
 Out of the mass of decisions, and the statements contained in them, the 
 brief maker must select those that possess real authority, and to do 
 this he must know how to distinguish between those that are authori- 
 tative and those that are not, and, as to those that are authoritative, 
 he must learn to weigh and value them, in order to select those of the 
 greatest value. 
 
 Already in Chapter XV, the brief maker has been given a few hints 
 as to certain mechanical aids in valuing authorities. It remains, how- 
 ever, to treat the subject from the legal, and consequently from the 
 logical and scientific, viewpoint. 
 
 § 5. Interpretation of Decisions 
 
 The cases decided by the courts are authority in subsequent litiga- 
 tion, either because the facts in the decided cases are like those in the 
 case at bar, or because the principle laid down in the decided cases is 
 applicable to the variant facts on which the subsequent litigation is 
 based. Though, as already intimated, the value of decisions in some of 
 their aspects may be determined by purely mechanical aids, in the last 
 analysis the value of a decision is seen to depend on and to be deter- 
 mined by two classes of factors — the one internal and the other ex- 
 ternal. 
 
 The internal factors by which the value of a decision is determined, 
 are (1) the intrinsic nature of the expressions or statements of law 
 in the case ; and (2) the relation these bear to the points in litigation. 
 These factors may be determined only by a careful analysis of the 
 case, for the purpose of discovering the doctrine of the case and its 
 relation to the facts. 
 
 The external factors by which the value of a decision may be de- 
 termined are (1) the nature and standing of the tribunal pronouncing 
 the decision; and (2) the nature and standing of the tribunal to be 
 influenced thereby. These factors are determined from a considera- 
 
 283 
 
§ 5 USB OF DECISIONS AND STATUTES (Part III 
 
 tion of the circumstances under which the case was decided, or the 
 circumstances under which it is used as an authority. 
 
 This brings up again the whole question of what is meant by the 
 word "authority." Notwithstanding the fact that, in previous chap- 
 ters, there has been a more or less extended discussion of the meaning 
 of this word as applied to law books, it seems desirable, in order that 
 the reader shall thoroughly understand the discussion that follows, 
 to explain what is meant by the word "authority," as applied to the 
 decisions of the courts and the statements contained in such decisions. 
 
 § 6. Authority 
 
 In Chapter I, §§ 7-11, and Chapter V, §§ 2 and 11, we discussed at 
 some length the distinction between primary and secondary authority, 
 and between imperative and persuasive authority. We also explained 
 briefly the distinction between these two classes of authority. But that 
 discussion and explanation related to the use of the terms in connection 
 with books, rather than their use in connection with the contents of the 
 books, though some reference was also made to that phase of the 
 subject by way of illustration. 
 
 As we are now to deal with the contents of the books — ^the actual 
 language used by the Legislatures in their enactments, or, what is 
 more important in this connection, the actual language used by the 
 courts in their decisions — it is necessary to discuss a little more spe- 
 cifically the exact meaning of the word "authority," and the distinc- 
 tion between imperative and persuasive authority, especially as ap- 
 plied to decisions. 
 
 Speaking in broad and general terms, statutes and decisions are 
 said to be of primary authority; that is to say, original sources of 
 the law. So, too, speaking in broad and general terms, we may say 
 that they are of imperative authority. But they are of imperative 
 authority only under certain circumstances and conditions. As was 
 said in the preceding section, these circumstances and conditions may 
 be either internal or external. 
 
 So far as statutes are concerned, these circumstances and conditions 
 are usually external ; that is to say, the authority of a statute does not 
 rest so much on its contents as on the circumstances of its enactment 
 and conditions subsequently arising. Its authority may also be af- 
 fected by the circumstances of its use. A statute is imperative author- 
 ity in the state of its origin ; but a statute of Indiana, for example, 
 would not be even persuasive authority in Michigan, unless, under 
 the peculiar circumstances of the litigation, a case being tried in Mich- 
 igan is governed by the law of Indiana, in which case the statute of 
 Indiana would be imperative authority. 
 
 In the case of decisions, authority is dependent on both the internal 
 and external conditions to an almost equal degree. The authority of 
 a decision, as will be pointed out in a subsequent chapter, depends' 
 
 284 
 
Ch. XIX) 
 
 AUTHORITY IN GENERAL 
 
 § 6 
 
 very largely on the circumstances under which it was pronounced, 
 and quite as much on the circumstances under which it is to be in- 
 voked by the brief maker. The status of statutes under the circum- 
 stances under which it is invoked has been pointed out in general 
 terms above, but decisions stand on a different footing. A decision of 
 a state court is, of course, imperative in the court pronouncing it and 
 in any inferior court of the same state or jurisdiction in which it was 
 pronounced. If a case being heard in one of the courts of Michigan 
 is, under the circumstances of the litigation, governed by the law of 
 Indiana, a decision of the Supreme Court of Indiana would by the 
 weight of authority be imperative authority in the Michigan court. 
 Otherwise, the decision of the Supreme Court of Indiana would be 
 merely persuasive authority in the courts of Michigan. So, too, the 
 decisions of a court, even within the state in which they were pro- 
 nounced, are merely persuasive authority in a co-ordinate or higher 
 court of that state. 
 
 These external circumstances and conditions which affect the status 
 of decisions as authority, as already said, will be taken up in detail 
 hereafter. 
 
 The accompanying diagram may help the student to understand the 
 distinction between the various kinds of authority. 
 
 rWithin the territorial' 
 < jurisdlctiOB of the 
 L lawmaking body. 
 
 C Constitutions.. 
 Direct legislation. < Statutes. 
 
 LOrdinances. 
 
 .Judicial decisions. 
 
 S rDigests. 
 
 a ■< Encyclopaedias. 
 
 S LTreatises, etc. 
 
 Necessary doctrines. 
 
 r 
 
 same jurisdiction. 
 From same court. 
 
 Prom co-ordinate or 
 lower court in same 
 jurisdiction. 
 
 From court in anoth- 
 er jurisdiction. 
 ^-Unnecessary doctrines. 
 
 t3* 
 O 
 
 As already stated, a decision may be imperative authority, or it may 
 be persuasive authority ; that is to say, it is imperative authority with- 
 in the jurisdiction of the court pronouncing it. Outside such jurisdic- 
 tion it is still primary authority, but is only persuasive, since it cannot 
 bind the courts of other jurisdictions in passing upon later cases. 
 But the authority of a reported case, even in the state or jurisdiction 
 where it was pronounced, and so where it is of imperative authority, 
 depends quite as much on internal conditions; that is to say, on the 
 nature of the statements contained therein, especially in their relation 
 
 285 
 
§ 6 USE OF DECISIONS AND STATUTES (Part III 
 
 to the facts of the case. Although such a case, if considered as a 
 whole, is imperative authority, it will often contain many statements 
 of law which, however accurate, are not imperative authority, but are 
 merely persuasive. 
 
 Generally speaking, the authority of a decision is limited by the 
 facts — the actual controversy calling forth the decision. A statement 
 of the law necessary to the decision of the controversy exhibited by 
 the facts is imperative authority. Any statement of the law not made 
 necessary by the controversy is merely persuasive, and the degree of 
 persuasiveness will depend on the nearness of its relation to the con- 
 troversy. 
 
 The imperatively authoritative portion of a decision we call the 
 doctrine of the case. Those statements that are of persuasive au- 
 thority only are designated by the generic term of "dicta," and the 
 decision becomes a precedent to be followed in subsequent litigation 
 only in so far as it is of imperative authority. Consequently it is of 
 the utmost importance to be able to distinguish between those portions 
 of a reported case that are of imperative authority and those that are 
 of merely persuasive authority. It is this problem that will be made 
 the subject of the next three chapters. 
 
 ' 286 
 
Ch. XX) DECISIONS AS PEECBDENTS DOCTRINE OF THE CASE § 1 
 
 CHAPTER XX 
 
 DECISIONS AS PRECEDENTS— DOCTKINE OF THE CASE 
 
 § 1. Introduction. 
 
 2. Decisions as Precedents. 
 
 (a) Theory of Common Law and Civil Law Contrasted. 
 
 3. The Autlioritative Element of a Decision. 
 
 4. Ratio Decidendi. 
 
 5. Determining the Ratio Decidendi. 
 
 6. Parts of a Reported Case. 
 
 (a) The Title. 
 
 (b) The Syllabus, or Headnote. 
 
 (c) The Statement. 
 
 (d) The Argument. 
 
 (e) The Opinion. 
 
 (f) The Decision. 
 
 (g) The Judgment or Decree. 
 
 7. Decision and Opinion Distinguished. 
 
 8. Authority of Opinion as Distinguished from Decision. 
 
 9. Principles Assumed by the Court. 
 10. Questions not Raised or Decided. 
 
 § 1, Introduction 
 
 The purposes for which the brief maker desires to find decided 
 cases like the case at bar are two. He wishes to find cases supporting 
 some definite principle of law, which he has selected as the principle 
 governing the case at bar, and he wishes, also, to find cases which 
 apply that principle to facts as nearly like the essential facts in the 
 present case as possible. While most of the reported cases are au- 
 thority for some proposition of law, the brief maker will find com- 
 paratively few that are suitable for citation as authorities, supporting 
 the specific application of principle to facts which underlies his theory 
 of the case. Hence, out of the large number of cases discovered in the 
 course of his search for authorities, he must select a few that are 
 really authorities in point. This involves not only a thorough knowl- 
 edge of the facts of the case under investigation, but it requires a 
 thorough analysis of the cases to be relied upon as authority, for the 
 purpose of discovering the principle on which they are decided, and 
 a comparison of their facts with the facts in the case at bar, to deter- 
 mine whether the principle thus discovered is applicable to the present 
 case. A third step is to determine whether the case is authority in 
 the abstract sense — that is to say, whether it really has any weight or 
 value as a judicial expression. All of these investigations call for a 
 careful analysis of each case and a consideration of the circumstances 
 under which it was decided. 
 
 287 
 
§ 2 USE OF DECISIONS AND STATUTES (Part III 
 
 § 2. Decisions as Precedents 
 
 In law a precedent is an adjudged case or decision of a court of 
 justice, considered as furnishing a rule or authority for the deter- 
 mination of an identical or similar case afterwards arising, or of a 
 similar question of law. The only theory on which it is possible for 
 one decision to be an authority for another is that the facts are alike, 
 or, if the facts are different, that the principle which governed the first 
 case is applicable to the variant facts. 
 
 The explanation of the weight to be attached to a judicial decision 
 as a precedent for future cases may be found by examining the rea- 
 sons for the existence of a court, and the functions necessarily, or at 
 least naturally, performed by it. 
 
 The law, obviously enough, is simply a system of rules created by 
 society as a substitute for violence, with the utilitarian purpose that 
 the life of the community may be peaceful and productive. The courts 
 are established to administer the law in disputes between individuals, 
 and also in instances where an individual is complained of by the com- 
 munity. When the rule of law governing the rights of the parties has 
 been established by a legislative body, the duty of the court is merely 
 to apply such rule of law, after first determining — with or without the 
 intervention of a jury, as the rules of procedure may dictate — whether 
 the facts are such as to render the law applicable. Yet even when 
 no legislative body has supplied a rule of law governing the case, the 
 case must be disposed of in some way. In other words, it is part of 
 the judicial duty to decide every case that actually arises. The exist- 
 ence of this duty is the first step in the chain of argument showing the 
 value of judicial decisions as precedents — in other words, as binding 
 proofs of the existence and terms of general legal propositions. 
 
 The next step in developing the value of judicial decisions as prece- 
 dents is the necessity that each decision shall be based upon a general 
 principle. If the decision is not conceived to be based upon a general 
 principle, there is no rule, no law, and the decision is merely arbitrary. 
 The absence of principle cannot prevent the decision from being bind- 
 ing as between the parties — much as an agreement to settle a dispute 
 by the tossing of a penny might be deemed binding — but the absence 
 of principle in deciding litigated cases strikes any one as unscientific, 
 unjust, and dangerous; for the result of any case not governed by a 
 general principle may easily be dictated by caprice, prejudice, or in- 
 justice. The old boast of the Medes and Persians that their law did 
 not alter meant, apparently, that their judicial system was no respecter 
 of persons, and that consequently the result in one case would be pre- 
 cisely the same as the result in another. At any rate, such must be 
 the boast of any nation wishing to be considered enlightened. It fol- 
 lows that, in searching for a general rule justifying and requiring a 
 decision about to be pronounced, a judge is performing a function 
 
 288 
 
Ch. XX) DECISIONS AS PRECEDENTS DOCTRINE OF THE CASE § 3 
 
 which is absolutely necessary, and that this is true even though there 
 is no written law governing the very case. 
 
 Thus far the discussion of the nature of judicial decisions is obvi- 
 ous; for in no country would it be denied that a court must decide 
 all actual cases brought before it, and that the decisions must be made 
 in accordance with some general principle. At this point, however, 
 there arises an opportunity for a difference of opinion, or at least for 
 a difference of expression ; for, as the next step in the argument, it is 
 necessary to assume that in some present litigation the court makes a 
 decision which is in accordance with some general principle not found 
 in the written law, and it is then necessary to inquire what effect this 
 present decision should have upon future independent litigations. 
 Will the principle underlying this present decision be accepted as prop- 
 erly controlling future cases, or will each future case, though substan- 
 tially identical in its facts, be treated as if the principle of law ought 
 to be discovered de novo? 
 
 (a) Theory of Common Law and Civil Law Contrasted 
 
 The answer of American law and of all other systems based upon 
 the law of England is that the principle underlying the present deci- 
 sion will be deemed of imperative authority, controlling the decisions 
 of like cases in the same court or in lower courts within the same ju- 
 risdiction, unless and until the decision in question is reversed or over- 
 ruled. 
 
 Quite different, in form, at least, is the answer of the law of each 
 nation on the continent of Europe, and indeed of all systems based 
 upon the old law of Rome; for in the so-called civil-law countries 
 each court must in each separate litigation examine each question of 
 law de novo, although it is conceded that past decisions, being the work 
 of learned men, should have a persuasive effect, resembling, and cer- 
 tainly not exceeding, the effect of treatises. 
 
 In actual practice, the two views appear to be approaching each 
 other, the courts of common-law countries, by reason of the multi- 
 plicity of decisions and of jurisdictions, tending to give increased at- 
 tention to discussions of theory as distinguished from mere precedent, 
 and the courts of civil-law countries, for the same reason, tending to 
 give increased weight to the fact that a question of law has been pre- 
 sented to numerous courts and has been habitually decided in one way. 
 Be that as it may, it is still the theory of common-law countries that 
 decisions, within certain limits, are of imperative authority. 
 
 § 3. The Authoritative Element of a Decision 
 
 From what has been said it is obvious that the reason why a deci- 
 sion becomes a precedent which will control subsequent litigation and 
 is of imperative authority is that it is to be regarded as evidence of 
 an existing rule or principle of law, which rule is applicable, not merely 
 Beief Mak.(3d Ed.)— 19 289 
 
§ 4 USE OF DECISIONS AND STATUTES (Part III 
 
 to all cases in which the facts are absolutely like those in the original 
 case, but to other cases in which the facts are more or less widely 
 variant therefrom. On the other hand, a case may be cited as author- 
 ity only for the particular principle of law which was held to govern 
 the rights of the parties and to determine the judgment given in that 
 case. It follows, therefore, that the principle dictating a decision is 
 extremely important, being in its effect analogous to a proposition of 
 law enacted in a statute. This proposition, rule, or principle of law, 
 applied in a case and of the existence of which such case is regarded 
 as evidence, is called the "ratio decidendi," or the doctrine of the case. 
 
 § 4. Ratio Decidendi 
 
 The ratio decidendi of a case is the underlying principle, the legal 
 reason, which caused the case to be decided as it was decided. Ob- 
 viously it is not necessarily the point decided in the case. The con- 
 crete point decided is limited strictly to the facts of the case, and is 
 binding only on the parties to it or their privies; whereas the ratio 
 decidendi has the force of law as regards the world at large. The 
 ratio decidendi is, consequently, usually broader than the point de- 
 cided, though sometimes, in extracting and expressing the point decided, 
 the expression of the point may be in the form of the ratio decidendi. 
 
 The ratio decidendi may or may not be explicitly set forth in the 
 opinion of the court. Sometimes it is assumed, and thr reasoning of 
 the court is directed to the application of the rule to the special state 
 of facts before it. On the other hand, the rule is sometimes cate- 
 gorically or broadly stated. But, whether stated in so many words or 
 not, the fact remains that underlying every decision there must of 
 necessity be some principle ; that in every decision there is necessarily 
 involved some proposition of law, without which the judgment in the 
 case could not have been given. It is this principle or proposition that 
 is the ratio decidendi. 
 
 § 5. Determining the Ratio Decidendi 
 
 As the lawyer who contemplates using a certain case in his brief, 
 who intends to rely on the case as a precedent, must carefully ascer- 
 tain the principle underlying the decision — that is, the ratio decidendi 
 which constitutes its authoritative element — it is necessary to explain 
 where this element must be looked for, and the rules by which it is 
 to be discovered. We must, therefore, consider, iirst, in what part of 
 a decided case the ratio decidendi is to be found; and, second, the 
 general rules for the analysis and interpretation of decisions. 
 
 § 6. Parts of a Reported Case 
 
 The complete report of a case will usually contain the following 
 elements: (1) The title, showing the names of the parties; (2) the 
 syllabus or headnote, in which the reporter indicates the points de- 
 cided; (3) the statement of the facts out of which the contro^•ers}• 
 
 2on 
 
Ch. XX) DECISIONS AS PRECEDENTS DOCTEINE OP THE CASE § 6 
 
 arose; (4) sometimes a synopsis of briefs of counsel; (5) the opinion, 
 or statement of reasons for the decision; (6) the decision, or deter- 
 mination of the rights of the parties; (7) the judgment, or formal 
 order entered as a result of the decision. 
 
 Very often one or several of these elements may be wanting — as 
 in the case of memorandum decisions, in the reports of which there 
 appear no headnote and no opinion. In some instances the headnote 
 is prepared by the court and takes the place of the opinion. 
 
 Let us examine these elements more in detail. 
 
 (a) The Title 
 
 The title of the case gives the names of the parties, and usually 
 indicates whether they are appellants or respondents. The title does 
 not, however, necessarily' indicate the position of the parties on the 
 trial below. In some states the names of the parties as they appeared 
 below are transposed on appeal, if the defendant is the appellant. For 
 example, if the action was brought by A. against B., the title in the 
 trial court would be A. v. B. If, however, judgment was for A., and 
 B. appealed, the title on appeal in some states would become B. v. A. 
 
 The states in which the position of the parties in the title of the 
 case change on appeal are Alabama, Arizona, Arkansas, Colorado, 
 Delaware, Florida, Georgia, Indiana, Kansas, Kentucky, Maryland, 
 Mississippi, Ohio, Oklahoma, Texas, Virginia, and Wyoming. In 
 Tennessee, the parties change in actions at law, but not in suits in' 
 equity. In Nebraska and Wisconsin, the parties change on writ of 
 error, but not on appeal. In all other states there is no change of par- 
 ties, except that in New Jersey the parties change on appeal to the 
 Court of Errors and Appeals, but not on appeal to the Supreme Court. 
 
 (b) The Syllabus, or Headnote 
 
 The syllabus, or headnote, is designed to give a brief statement of 
 the propositions of law decided in the case. Of course, to be really 
 serviceable, as showing the real doctrine, it should be concrete ; that 
 is, it should show the application of the principle of law to the facts. 
 The headnote is sometimes prepared by the judge, but more often by 
 the reporter.^ Generally speaking, unless there is a constitutional pro- 
 vision to that effect, the judges cannot be required to make syllabi. 
 This question was raised in Ex parte Griffiths, 118 Ind. 83, 20 N. E. 
 513, 3 L. R. A. 398, 10 Am. St. Rep. 107. The Constitution of In- 
 diana provides that the Supreme Court shall give a statement in writ- 
 ing of each question arising in the record, and the decision of the 
 court thereon, and, after providing for the reporting of the decisions, 
 declares that no judge shall be allowed to report such decisions. A 
 statute was passed making it the duty of the Supreme Court to make 
 a syllabus of each opinion. It was held, however, that this act was un- 
 
 1 See, also. Chapter III, § 4 (b). 
 
 291 
 
§ 6 USE OF DECISIONS AND STATUTES (Part III 
 
 constitutional, as the Legislature cannot impose ministerial duties on 
 the court, or add duties to those devolved upon them by the Constitu- 
 tion. Nor can the Legislature, in violation of the constitutional pro- 
 vision, require the judges to discharge essential duties of the reporter. 
 So in Re Headnotes to Opinions, 43 Mich. 641, 8 N. W. 552, it was 
 held that a statute requiring the judges of the Supreme Court to pre- 
 pare and file a syllabus of each and every opinion was unconstitu- 
 tional. The Constitution gave the Supreme Court power to appoint a 
 reporter of its decisions, and writing syllabi of the opinions of the 
 court is a recognized duty of such reporter. 
 
 In any event, no matter by whom the headnote is made, whether 
 by the judge, the so-called official reporter, or by an independent re- 
 porter, it must not be rehed on as final authority. It is merely a guide 
 to the doctrine of the case. As was said in Denham v. Holeman, 26 
 Ga. 182, 71 Am. Dec. 198, the headnote to'a case is not an expression 
 of the law thereof, except so far as it is warranted by the judgment 
 of the court on the facts of the case. A similar view is taken in 
 Koonce v. Doolittle, 48 W. Va. 592, 37 S. E. 644. In both of these 
 states, it is interesting to note that the syllabi are written by the 
 judges. 
 
 The reason why the headnote prepared by the reporter should not 
 be relied on is obvious. Like the statements of text-writers, digesters 
 and annotators, the headnote is merely the reporter's statement of the 
 law. These statements are in some instances erroneous. As an ex- 
 ample, reference may be made to the first paragraph of the headnote 
 to State ex rel. Beach v. Citizens' Benefit Association, 6 Mo. App. 
 163, which reads as follows : "The business of making assurance upon 
 lives cannot be carried on in this state without the grant of a franchise 
 for that purpose." Because of this statement, the case has sometimes 
 been cited as denying the right of individuals to act as insurers ; but 
 an exarnination of the opinion discloses that the holding was that a 
 corporation cannot exercise the right of making insurance unless it has 
 been incorporated for that purpose, or, in other words, has received 
 a grant of a franchise for that purpose. It is obvious that the re- 
 porter, in preparing his headnote, went beyond the facts in the case, 
 and consequently laid down an erroneous principle not contained in 
 the case. Another illustration of erroneous official headnotes will be 
 found in the statements as to the position of the judges in Stewart 
 v. Cary Lumber Co., 146 N. C. 47. The headnote, however, is cor- 
 rect in the report of the case in 59 S. E. 545. 
 
 No one can fail to appreciate that the syllabus is of great assist- 
 ance to the lawyer who is in haste, and that even the most leisurely 
 and scholarly investigator finds the syllabus a useful guide. Yet no 
 one who has had much practical experience thinks of relying exclu- 
 siyely upon the syllabus. The reporter knows that dicta are useful, 
 
 292 
 
Ch. XX) DECISIONS AS PEBCEDENTS DOCTRINE OF THE CASH § 6 
 
 and hence he is very Hkely to overload his syllabus virith dicta — too 
 often omitting the warning "dictum," "it seems," or "semble." Again, 
 the syllabus frequently states the facts and pleadings with unnecessary 
 fullness. Finally, the syllabus, overloaded with dicta and with the 
 statement of the case, may leave the reader at a loss to determine 
 what really was the ratio decidendi. These are difficulties found even 
 in syllabi which are accurate, as far as they go, but unfortunately, as 
 pointed out above, some syllabi are simply wrong. 
 
 These are reasons enough for the careful practitioner's unwilling- 
 nes to rely upon the syllabus exclusively, and, besides, however care- 
 fully and skillfully a syllabus may have been framed, it has probably 
 not been framed from the point of view of this present investigation, 
 or with the enthusiastic attention that ought to be exercised by the: 
 lawyer to whom this one case may be of paramount importance. 
 
 Back of these practical reasons are reasons based upon the line of 
 thought to be hereafter elaborated in explaining how it happens that 
 a case is an authority of an imperative nature for some propositions, 
 and an authority of only a persuasive nature, to say the most, for 
 certain other propositions which are asserted in it quite as emphati- 
 cally. The syllabus cannot enlarge or diminish the proposition of law 
 which underlies the decision,^ and which can be finally and conclu- 
 sively ascertained only by examining the statement and the result, and 
 by then studying the reasoning in the opinion. 
 
 Even though the syllabus be the handiwork of the judge who wrote 
 the opinion of the court, as often happens, the same caution must be 
 expressed, because, even if regarded as a part of the opinion, the 
 judge's own syllabus is mere dictum, in so far as it departs from the 
 ratio decidendi as determined in accordance with the explanation now 
 given. 
 
 The practical result of these considerations as to syllabi is that the 
 competent lawyer uses the syllabus as a prima facie guide, and no 
 more, in determining whether the case should be examined carefully 
 as an authority for or against him. Moreover, he must always verify 
 the syllabus by an examination of the opinion, if the headnote indi- 
 cates that the case will serve his purpose. 
 (c) The Statement 
 
 The purpose of the statement is to show the problem which was 
 presented to the court for solution — the particular controversy that 
 was adjudicated. It is sometimes prepared by the reporter, and some- 
 
 2 As has been pointed out elsewhere, the syllabi of a case in effect constitute 
 an index or digest of that case, and bear the same relation to the case that 
 a state digest does to the entire case law of the state, or that the American 
 Digest System does to the American case law. This is true without regard 
 to the official or other status of the editor. His work must stand or fall 
 upon its merits, and can acquire no vicarious authority of any kind. 
 
 293 
 
§ 6 USB OF DECISIONS AND STATUTES (Part III 
 
 times by the judge writing the opinion. Indeed, it is quite commonly- 
 embodied in the opinion as an introduction. Whatever be its source 
 or form, it should show the form of the action, the facts on which 
 the action arose, the disposition of the case by the trial court, and the 
 manner in which it was brought into the appellate court. If any 
 question of practice is involved, there should be a sufficient recital 
 of the procedure to make the point clear. The statement is, of course, 
 an important part of the report, because, in determining the doctrine 
 of the case, the principles must be related to the facts. 
 
 (d) The Argument 
 
 The theory on which a brief of the argument is included in the re- 
 port of a case is that it shows what points were in the mind of the 
 court in arriving at its decision, and will aid in determining the value 
 of the decision in respect to thoroughness of consideration. In a case 
 of first impression, a full report or even a well-edited abstract, of the 
 argument, would, of course, be valuable, but the brief abstract some- 
 times included in the report is of little or no value. For this reason 
 it is seldom included in reports nowadays. 
 
 (e) The Opinion 
 
 The opinion, as said in Adam v. Yazoo & M. V. R. Co., 77 Miss. 
 194, 24 South. 317, 60 L. R. A. 33, is the court's statement of the 
 reasoning by which it arrives at its conclusions as to the proper ap- 
 plication of the law to the facts of the particular case. It is usually 
 prepared by one of the judges, to whom the case is assigned for that 
 purpose, and, after submission to and discussion by the members of 
 court, it is adopted by them. In some instances, of course, the opin- 
 ion is not agreed to, and another judge, whose views are in consonance 
 with the views of the majority, writes what becomes the opinion of 
 the court; the first opinion becoming, perhaps, a dissenting opinion. 
 Very often other judges will write concurring or dissenting opinions. 
 
 An opinion agreed upon by the whole court or by a majority is 
 termed "the opinion of the court." If such an opinion is anonymous, 
 it is in America termed a "per curiam opinion." In England some of 
 these terms have occasionally a different use, "judgment" being fre- 
 quently used as a substitute for "opinion," and "per curiam" being 
 sometimes applied to any opinion of the whole court, whether anony- 
 mous or not. The difference between the English and American 
 usages is merely a matter of nomenclature, though, of course, an 
 American lawyer finds it extremely convenient to adhere to the Amer- 
 ican usage. 
 
 In the absence of any constitutional provision, a court, even in 
 deciding a litigated case, may refuse to obey a statute which requires 
 an opinion. This point was raised in Houston v. Williams, 13 Cal. 
 34, 73 Am. Dec. 565. It appeared that, on an appeal from a judg- 
 
 29i 
 
Ch. XX) DECISIONS AS PRECEDENTS DOCTRINE OF THE CASE § 6 
 
 ment in ejectment, the judgment was reversed by the Supreme Court 
 from the bench; no opinion in writing being handed down. The 
 reasons for the decision were stated orally. Counsel for the appellee 
 afterwards presented a petition asking the court to file a written opin- 
 ion, calling attention to a statute of California which provided that all 
 decisions given upon an appeal in any appellate court of the state 
 should be given in writing, with the reason therefor. 
 
 The court said that no power existed in the legislative department 
 to require such a duty of a court. Its constitutional duty is discharged 
 by the rendition of decisions. The Legislature can no more require 
 the court to state the reasons for its decisions than the court can re- 
 quire the Legislature to accompany statutes with the reasons for their 
 enactment. The principles of law settled are to be extracted from, 
 the records of the cases in which the decisions are rendered. While 
 the opinions of judges setting forth their reasons for their judgments 
 are of great importance for the information they impart as to the 
 principles of law which govern the court, and should guide litigants, 
 it is not every case that will justify the expenditure of time that is 
 involved in the writing of an opinion. Many cases involve no unset- 
 tled principle, and are appealed only for delay. It can serve no pur- 
 pose of public good to repeat elementary principles of law which have 
 never been questioned for centuries. The court must exercise its 
 own discretion as to the necessity of giving an opinion upon pronounc- 
 ing judgment, and, if one is given, whether it should be orally or in 
 writing. In the exercise of that discretion the authority of the court 
 is absolute. 
 
 The authority of the Legislature to require the Supreme Court to 
 give the reasons of its decisions in writing was also denied in Vaughn 
 V. Harp, 49 Ark. 160, 4 S. W. 751, in Speight v. People, 87 111. 595, 
 and in numerous later cases. 
 
 (f) The Decision 
 
 The decision is the final conclusion reached by the court as to the 
 application of the law to the facts. Though in a very broad and gen- 
 eral sense it might be regarded as the judgment of the court, it is not 
 the formal judgment or decree. It represents rather the result of 
 the case, and may be regarded, perhaps, as an order for judgment in 
 that it determines the actual judgment or decree to be thereafter en- 
 tered. 
 
 (g) The Judgment or Decree 
 
 The judgment differs from the decision, in that it is the actual for- 
 mal disposition of the case. For instance, the judgment of an ap- 
 pellate court determines what shall be done with the judgment ren- 
 dered in the court below. 
 
 295 
 
§ 6 USB OF DECISIONS AND STATUTES (Part III 
 
 If the appellate court decides that there was no material error in 
 the proceedings in the court below, the judgment below will be af- 
 firmed. 
 
 If the appellate court determines that there was material error in 
 the proceedings below, but that all the facts necessary to a proper de- 
 termination of the controversy are before the court, it will reverse 
 the judgment below and render the judgment the court below should 
 have rendered. 
 
 If the appellate court finds material error, and the record does not 
 show a proper determination of matters of fact by the court below, the 
 judgment below will be reversed, and the cause remanded for further 
 trial in the court below. 
 
 § 7. Decision and Opinion Distinguished 
 
 From what has been said, it is obvious that the decision must be 
 distinguished from the opinion. As was said in Houston v. Williams, 
 13 Cal. 24, 73 Am. Dec. 565 : "The terms 'opinion' and 'decision' are 
 often confounded. Yet there is a wide difference between them, and 
 in ignorance of this, or by overlooking it, what has been a mere revi- 
 sion of an opinion has sometimes been regarded as a mutilation of 
 the record. A decision of a court is its judgment. The opinion con- 
 tains the reason given for that judgment. The former is entered of 
 record immediately upon its rendition, and can be changed only 
 through a regular application to the court upon a petition for a re- 
 hearing or a modification. The latter is the property of the judges, 
 subject to their revision, correction, and modification in any particular 
 deemed advisable, until with the approbation of the writer it is trans- 
 scribed in the records." 
 
 "The opinion of the judge," says the court, in State v. Ramsburg, 
 43 Md. 325, "is an expression of the reasons by which he reaches his 
 conclusion. These may be sustained or contradictory, clear or con- 
 fused. The judgment or decree is the fiat or sentence of the law, de- 
 termining the matter in controversy, in concise, technical terms, which 
 must be interpreted in their own proper sense." So in Durant v. Es- 
 sex County, 74 U. S. (7 Wall.) 107, 19 L. Ed. 154, it was said that the 
 reason for the signing of a decree is no part of the decision or judg- 
 ment itself. The decree, and not the opinion, is the instrument through 
 which the court acts. 
 
 The student should remember, therefore, that it is the decision, and 
 not the opinion of the court, which settles the point of law involved 
 and makes the precedent. The decision is the conclusion of the court 
 on the premises, and becomes a precedent for the principle of law 
 which underlies it and which is the ratio decidendi. The opinion sets 
 forth the reasons of the determination, and usually states and explains 
 them at greater or less length. The opinion, disclosing the reasons of 
 
 296 
 
Ch. XX) DECISIONS AS PRECEDENTS DOCTRINE OP THE CASE § 9 
 
 the judge for his decision, is, of course, of great importance, for the 
 information it imparts as to the principles of law which influenced the 
 court and. were supposed to govern the case, and which should guide 
 litigants. But, even if there is no opinion written or filed, the decision 
 is a precedent for the similar disposition of similar cases, though it 
 is often difficult in such case to determine what principle is involved. 
 In that event, its nature and exact scope are to be ascertained by ex- 
 amining the record, to find the precise point of law which is involved, 
 and considering the judgment given thereon. 
 
 § 8. Authority of Opinion as Distinguished from Decision 
 
 As an opinion is not really requisite, though it is customary, desir- 
 able, official, and, in short, judicial, the question might be asked "What 
 is its binding force?" In other words, what is the authority of the 
 opinion, as distinguished from the decision accompanied by it? The 
 answer is that as mere opinion the opinion has no authority of an 
 imperative nature, but that it does have such authority in so far as it 
 voices the principle actually dictating the decision. 
 
 As judges are a skilled class of a skilled profession, the normal 
 state of affairs is that the opinion phrases accurately and fully the 
 reasoning upon which the decision was based. From such an opinion 
 can be easily framed, possibly even quoted, that proposition of law 
 for which the case is an imperative authority. It is obvious, however, 
 that the opinion may omit the reasoning upon which the decision really 
 rested, or may give reasoning which really had no part in the decision ; 
 but these more or less abnormal phenomena may be postponed for the 
 present. 
 
 In dealing, then, with the normal example of a reported case, the 
 brief maker determines the ratio decidendi by ascertaining what ques- 
 tion was taken to the court whose decision is reported, what disposi- 
 tion was made of this question, and what grounds for this decision 
 were expressed by the court. Generally speaking, the authority of a 
 decision as a precedent is limited to those propositions of law which 
 are raised by the record, considered by the court, and necessary to 
 the determination of the case. 
 
 § 9. Principles Assumed by the Court 
 
 If the case could not have been decided at it was without the recog- 
 nition and application of a given rule or principle of law, the decision 
 is an authority for that rule or principle, although it may not have 
 been expressly stated or mentioned by the court, but only tacitly as- 
 sumed. This fact is referred to by the Supreme Court of Alabama 
 in Bloodgood v. Grasey, 31 Ala. 575, in the following statement: "It 
 was contended in the discussion of this case that the only point decided, 
 or in the mind of the court, was that made in the argument. The 
 
 297 
 
§ 9 USE OP DECISIONS AND STATUTES (Part III 
 
 result of that position would be to take from judicial decisions, where 
 there is no opinion, the authority of an adjudication upon all propo- 
 sitions which were too plain or too well recognized by the bench and 
 bar to be questioned ; and thus the universal and undisputed sanction 
 of a legal principle would become a barrier to proof by judicial deci- 
 sions of its existence. It betters accords with reason to regard a ju- 
 dicial tribunal as asserting, and intending to assert, every proposition 
 which is indispensable to the conclusions expressed, and necessarily 
 involved in it, at least when the contrary does not appear." 
 
 Perhaps this matter can be made more plain by a specific illustra- 
 tion. Let it be supposed that an appellate court reverses a judgment 
 for plaintiff, rendered in the court below, in an action for damages 
 caused by the alleged negligent conduct of the defendant ; the particu- 
 lar ground for the decision being that the evidence shows such contrib- 
 utory negligence on the part of the plaintiff as should have prevented a 
 recovery. The fundamental principle of law involved in this decision 
 is that, in actions of this character, the plaintiff cannot recover if it is 
 shown that the accident would not have happened but for his own 
 neghgence. Unless this principle were recognized and applied, the 
 appellate court could not render the decision it has rendered. Yet the 
 principle may not be even mentioned in the decision. The opinion 
 may be wholly taken up with a consideration of the facts in the case, 
 as tending to prove or disprove contributory negligence. Nevertheless, 
 the decision will be an authority supporting the general rule as to con- 
 tributory negligence, because that rule was necessarily involved or im- 
 plied in the judgment. 
 
 § 10. Questions Not Raised or Decided 
 
 Questions which were not raised by the parties, not presented to 
 the attention of the court, and not considered by the judges, are not 
 concluded by the decision in the case, and the judgment is not an au- 
 thority upon such questions, even though they are logically present in 
 the case, and might have been argued as affecting its decision, and even 
 though such questions, if raised and deliberated upon, would have 
 caused a different judgment to be given. 
 
 For example, suppose, on an appeal from a judgment of conviction 
 for murder, among the objections urged and considered by the appel- 
 late court are three objections to the form of the indictment. These 
 we will designate as objection A, objection B, and objection C. Now, 
 if the judgment is affirmed, this is to be considered as settling the law 
 as to these three objections only, for they are the only ones raised, 
 argued, and considered, though as a matter of fact the indictment was 
 also open to another objection, D, which, had it been raised and con- 
 sidered, would have caused the judgment below to be reversed, instead 
 of affirmed. 
 
 298 
 
Ch. XX) DECISIONS AS PRECEDENTS DOCTrjNB OP THE CASE § 10 
 
 Now, if in another similar case an appeal is taken, and among the 
 objections raised is objection D, to the sufficiency of the indictment, the 
 decision in the former case is not to be considered as an authority to 
 the effect that the indictment in that case was in all respects good and 
 sufficient, but only that it was good and sufficient so far as objections 
 A, B, and C were concerned. In other words, in the later case, the 
 court is not precluded by anything in the former case, from consider- 
 ing the question newly raised, namely, objection D, as still undeter- 
 mined. The same principle applies to questions which the court ex- 
 pressly leaves open and undetermined, because it deems them unneces- 
 sary to the decision of the particular issue before it. 
 
 299 
 
§ 1 USE OF DECISIONS AND STATUTES (Part III 
 
 CHAPTER XXI 
 
 DECISIONS AS PEEOBDElSfTS— DICTA 
 
 § 1. Introduction. 
 
 2. Hypothetical Cases. 
 
 3. Dicta. 
 
 (a) Obiter Dicta. 
 
 (b) Dicta Propria. 
 
 (c) Gratis Dicta. 
 
 (d) Tbe Test of Dicta. 
 
 (e) Value of Dicta. 
 
 4. Unnecessarily Broad Language. 
 
 5. Two or More Grounds for Decision. 
 
 6. Two Opposite Holdings at the Same., Stage of the Case. 
 
 7. Several Errors Claimed, and None Found. 
 
 8. Discordant Opinions Agreeing in Result. 
 
 9. Opinion Ignoring Point. 
 10. No Opinion. 
 
 § 1. Introduction 
 
 In discussing in Chapter XIX the nature of the authority possessed 
 by judicial decisions, it was explained that the authority of a decision 
 depends to a large degree on the nature of the statements of the law 
 contained therein, and the relation of those statements to the facts; 
 that not every statement of law made by the court is imperative au- 
 thority, but that in nearly every reported case will be found statements 
 that are merely persuasive authority. In this latter class of statements 
 are included all statements not necessary to the determination of the 
 controversy. 
 
 In Chapter XX we have been discussing those statements of the 
 law that are imperative authority — the statements which, because of 
 their relation to the facts of the case, underlie and form a foundation 
 for the decision, and give it the force of a precedent. The general 
 rules for detecting these necessary statements — the doctrine of the 
 case — were pointed out. We now come to the consideration of unnec- 
 essary statements of law found in the decisions, and in this Chapter 
 we purpose to give the reader a general survey of the rules by which 
 these unnecessary statements — dicta, as they are called — are to be dis- 
 tinguished from the necessary statements. 
 
 § 2. Hypothetical Cases 
 
 In tracing the reasons for the imperative authority of judicial de- 
 cisions as precedents in our system of law, it was pointed out, at almost 
 the starting point of the argument, that, as a court is founded for 
 the practical purpose of terminating controversies, a court must decide 
 every case properly brought before it. From what has been said as to 
 the nature of judicial precedents, it is also apparent that a decision, to 
 be of any force whatever, must be based on the actual facts of the con- 
 
 300 
 
Ch. XXI) DECISIONS AS PRECEDENTS DICTA § 2 
 
 troversy presented. We may go a step further, and lay down the fur- 
 ther rule that a court has no power to decide questions not based on 
 actual facts. In other words, it has no power to decide purely hypo- 
 thetical questions. Indeed, if a court could decide questions that have 
 not yet arisen in actual litigation, and thus could fix a rule for future 
 cases, it would be arrogating to itself a function that is purely legis- 
 lative. The deciding of actual cases is a judicial necessity, and the 
 various arguments in favor of uniformity of decision give to the 
 doctrine of the actual case, according to our system of law, a force that 
 is quasi legislative; but this quasi legislative power of the judiciary 
 is strictly confined within the limits of the function to which it is in- 
 cident, and by which it is created — the function of deciding actual 
 cases. 
 
 The courts, recognizing that their duty is to decide actual controver- 
 sies, and not abstract or academic questions, generally refuse to give 
 opinions in advance, even by way of advice to the legislative or execu- 
 ive branches of the government. Thus in 1793, when President Wash- 
 ington requested the opinion of the Supreme Court on the construction 
 of a treaty, the judges refused to comply.' In State v. Baughman, 38 
 Ohio St. 455, the court refused to answer certain hypothetical ques- 
 tions raised in an actual controversy, though specially requested so to 
 do. The court said : "If the judiciary were to assume to decide hypo- 
 thetical questions of law not involved in a judicial proceeding in a cause 
 before it, even though the decision 'would be of great value to the 
 General Assembly' in the discharge of its duties, it would, nevertheless, 
 be an unwarranted interference with the functions of the legislative 
 department, that would be unauthorized and dangerous in its tendency." 
 
 A statute imposing on the court the duty of giving opinions on the 
 request of the Legislature was held invalid in Re Application of the 
 Senate, 10 Minn. 78 (Gil. 56), as an encroachment on the powers of 
 the judiciary And subsequently, in Rice v. Austin, 19 Minn. 103 (Gil. 
 74), 18 Am. Rep. 330, the Supreme Court laid down a rule that it would 
 not, at the request of the Governor, or in any case where an act of 
 the Legislature is not involved in matters properly before it for ad- 
 judication, give its opinion as to the proper construction of such act. 
 
 In many states, however, the Constitutions provide that the Supreme 
 Court shall render opinions on the request of the Legislature or ex- 
 ecutive. In such instances, of course, the court is bound to comply 
 with such requests. But even in these instances the judges, according 
 to the views expressed in Opinion of the Justices, 126 Mass. 557, act, 
 not as a court, but as the constitutional advisers of the other depart- 
 ments of the government. So, too, in Answer of the Justices, 148 
 Mass. 623, 21 N. E. 439, it was said that while an opinion rendered in 
 accordance with the constitutional provision was, in a sense, a prejudg- 
 
 '1 Thayer's Cases on Constitutional Law, 175, 176, note, 183 note; Thayer's Legal Essays. 
 42 note, 64 note. 
 
 301 
 
§ 2 USE OF DECISIONS AND STATUTES (Part III 
 
 ment of the question proposed, it did not have the force of an adjudi- 
 cation, which the court would be bound to follow if an actual case in- 
 volving the same question should come before them. 
 
 In Colorado, on the other hand, where the Constitution provides that 
 "the Supreme Court shall give its opinion on important questions upon 
 solemn occasions, when required by the Governor, the Senate, or the 
 House of Representatives, and all such opinions shall be published in 
 connection with the reported decisions of the court," it is held that the 
 opinions have the force and effect of judicial precedents. The reasons 
 for this view are explained in Re Senate Resolution, 12 Colo. 466, 
 21 Pac. 478, where it is said : "By the express words of the correspond- 
 ing provisions in each of the other states, the questions are limited to 
 questions of law, and the justices, not the court, are to respond. These 
 officers appear to be merely legal advisers, occupying much the same 
 relation to their respective General Assemblies as does the Attorney 
 General of Colorado to the state Legislature. The written responses, 
 when questioned, are not always published in the reports. They are 
 not pronounced by the court, and hence are not technically judicial deci- 
 sions, nor do they necessarily constitute judicial precedents. In this 
 state, on the other hand, the interrogatories are not expressly limited 
 to questions of law, and it is the court, not the justices, that must 
 answer. For obvious reasons, we hold that the intent could not have 
 been to authorize questions of fact, but our responses must be re- 
 ported, as are other opinions, and they have all the force and effect 
 of judicial precedents." 
 
 Obviously a court will not pass upon a question propounded by pri- 
 vate persons, otherwise than as a necessary incident of actual litigation.-' 
 
 It must be remembered, however, that the construction of a will or 
 the request of a trustee for instructions creates a necessity for judicial 
 decision, even though the occasionally amicable nature of such a suit 
 causes that which is theoretically contentious litigation to resemble 
 the raising of a question by mere collusion. 
 
 It is obvious that neither the giving of advice under a constitutional 
 requirement, nor the deciding of a suit of essentially an amicable na- 
 ture, furnishes an exception to the rule that a court's judicial functions 
 are restricted to the deciding of questions arising in actual litigation. 
 On the contrary, when properly understood, these two instances of the 
 work occasionally performed by courts are useful illustrations — work- 
 ing in opposite directions — of the existence, reason, and extent of the 
 rule. 
 
 § 3. Dicta 
 
 The language of a judicial decision is always to be construed with 
 reference to the circumstances of the particular case and the question 
 actually under consideration. As was said in Cohens v. Virginia, 19 
 
 ' Capen v. InsuraBce Co., 12 Cush. (Mass.) 517 (1853). 
 
 302 
 
Ch. XXI) DECISIONS AS PRECEDENTS DICTA § 3 
 
 U. S. (6 Wheat.) 399, 5 L. Ed. 257 : "It is a maxim not to be disre- 
 garded that general expressions in every opinion are to be taken in con- 
 nection with the case in which those expressions are used. If they 
 go beyond the case they may be accepted, but ought not to control the 
 judgment in a subsequent suit, where the very point is presented for 
 decision. The reason of this maxim is obvious. The question directly 
 before the court is investigated with care, and considered in its full 
 extent. Other principles, which may serve to illustrate it, are consid- 
 ered in their relation to the case decided, but their possible bearing 
 on all cases is seldom completely investigated." So in Carroll v. Car- 
 roll, 57 U. S. (16 How.) 275, 14 L. Ed. 936, it is said that in courts 
 organized under the common law no opinion can be relied on as bind- 
 ing authority unless the case called for its expression. Its weight of 
 reason must depend on what it contains. 
 
 A still more specific and detailed exposition of this principle is given 
 in Louisville & N. R. Co. v. Davidson County Court, 1 Sneed (Tenn.) 
 637, 695, 62 Am. Dec. 424, where the court said : "It may not be out of 
 place here to remark, as the subject seems to be so often and by so 
 many misunderstood, that the generality of the language used in an 
 opinion is always to be restricted to the case before the court, and it is 
 only authority to that extent. The reasoning, illustrations, or refer- 
 ences contained in the opinion of the court are not authority, not prec- 
 edent, but only the points in judgment arising in the particular case 
 before the court. The reason of this is manifest. The members of a 
 court may often agree in a decision — the final result in a case — but 
 differ widely as to the reasons and principles conducting their minds 
 to the same conclusion. It is, then, the conclusion only, and not the 
 process by which it is reached, which is the opinion of the court and 
 authority in other cases. The law is thus far settled, but no farther. 
 The reasoning adopted, the analogies and illustrations presented, in 
 real or supposed cases, in an opinion, may be used as argument in other 
 cases, but not as authority. In these the whole court may concur, or 
 they may not. So of the principle concurred in and laid down as gov- 
 erning the point in judgment, so far as it goes, or seems to go, beyond 
 the case under consideration. If this were not so, the writer of an 
 opinion would be under the necessity in each case, though his mind 
 is concentrated upon the case in hand and the principles announced 
 directed to that, to protract and uselessly incumber his opinion with 
 all the restrictions, exceptions, limitations, and qualifications which 
 every variety of facts and change of phase in cases might render neces- 
 sary." 
 
 From the same reasoning that explains the inability of a court to take 
 jurisdiction of hypothetical cases, it follows that, if a court, in dealing 
 with an actual case, proceeds to decide a hypothetical case also, the 
 
 303 
 
§ 3 USB OF DECISIONS AND STATUTES (Part III 
 
 treatment of the hypothetical case will be extrajudicial, ultra vires, not 
 binding upon the very court or upon any other. Yet it is almost in- 
 evitable that the opinion, by way of illustration or exclusion or other 
 discussion, will go beyond the exact needs of the very problem pre- 
 sented to the court. 
 
 Therefore in almost every opinion there will usually be found ex- 
 pressions in regard to some point or rule of law not necessary to the de- 
 termination of the case before the court. They may be put forth as the 
 personal opinion of the judge who delivers the judgment of the court, 
 or may be introduced by way of illustration, argument, or analogy not 
 bearing directly upon the question at issue, or may be statements of 
 legal principles over and above what is necessary to the decision of the 
 controverted questions in the case. In the common speech of lawyers, 
 all such extrajudicial expressions of legal opinion are referred to as 
 "dicta," or "obiter dicta," these two terms being used interchangeably. 
 In strict propriety of language, however, there are several kinds of 
 dicta, not differing in their lack of authoritative force, but differing in 
 their nature or in respect to the manner of their introduction into ju- 
 dicial opinions. 
 
 (a) Obiter Dicta. 
 
 Strictly speaking an "obiter dictum" is a remark made or opinion 
 expressed by a judge, in his decision upon a cause, "by the way" — 
 that is, incidentally or collaterally, and not directly upon the question 
 before the court; or it is any statement of law enunciated by the judge 
 or court merely by way of illustration, argument, analogy, or sugges- 
 tion. For example, if the case involves a question as to the law re- 
 lating to married women, and the judge who delivers the opinion, ar- 
 guing in support of the conclusion reached by the court, draws an 
 anology from the law of the contracts of infants, his statement as to 
 infants' contracts is obiter dictum, and the opinion cannot be regarded 
 as an authority upon the point referred to, though it might be valuable 
 as indicating how the court would be likely to decide the question, 
 should it come before them in an actual case. 
 
 (b) Dicta Propria 
 
 Dicta of another class are found in the books, which, though they 
 have not hitherto borne a special name, might properly be called "dicta 
 propria"; that is, personal or individual dicta, the private opinions 
 of the judge who delivers the opinion, not necessarily concurred in by 
 the whole court, and not essential to the disposition of the case at bar. 
 Dicta of this kind most commonly occur in the case of an opinion 
 written by a judge who, though he concurs in the general decision as to 
 the rules of law which must govern the case, is not willing to accede 
 to all the reasoning which has led the court to the conclusion reached. 
 And there are also numerous examples of such dicta delivered by a 
 
 304 
 
Ch. XXI) DECISIONS AS PRECEDENTS DICTA § 3 
 
 judge who speaks for the court on the general Hnes of the decision, 
 but incidentally steps outside the record to express his individual views 
 as to some point or question. 
 
 (c) Gratis Dicta 
 
 A third kind of dicta are those which embody statements of legal 
 principle more broad or general than is necessary for the determination 
 of the case before the court, or, after the specific questions involved 
 have been decided, add superfluous expressions of opinion on points 
 or questions not in the record, or lay down, rules for similar or analogous 
 cases. These are properly called "gratis dicta," because they make ju- 
 dicial assertions of law over and above what is needed for the particu- 
 lar case. It must be remembered that the question presented to an 
 appellate court is always specific — whether a new trial should be 
 granted or refused, whether the judgment of the court below should 
 be affirmed or reversed, whether or not the writ of mandamus should 
 issue, etc. This question is the one to which the decision and opinion 
 of the court should be directed, and, ordinarily, when this question has" 
 been decided, anything that follows is merely gratis dictum, because 
 unnecessary to the decision of the case. 
 
 A perfect example of a gratis dictum is found in the important 
 case of Pennoyer v. Nefif, 95 U. S. 714, 24 L. Ed. 565. In this case 
 the question was as to the validity and effect of a judgment rendered 
 in a state court, against a nonresident of the state, upon a constructive 
 service of process and the attachment of certain property of his within 
 the jurisdiction. It was held that such a judgment, being otherwise 
 regular, would bind the property attached, but not the person of the 
 defendant, nor any other property belonging to him, though found 
 within the state. When this conclusion was reached, the case before 
 the court was disposed of. But Mr. Justice Field, who wrote the opin- 
 ion, added : "To prevent any misapplication of the views expressed 
 in this opinion, it is proper to observe that we do not mean to assert, 
 by anything we have said, that a state may not authorize proceedings 
 to determine the status of one of its citizens towards a nonresident, 
 which would be binding within the state, though made without service 
 of process or personal notice to the nonresident. The jurisdiction 
 which every state possesses to determine the civil status and capacities 
 of all its inhabitants involves authority to prescribe the conditions on 
 which proceedings affecting them may be commenced and carried on 
 within its territory. The state, for example, has absolute right to pre- 
 scribe the conditions upon which the marriage relation between its own 
 citizens shall be created, and the causes for which it may be dissolved." 
 This, it will be seen, was purely gratis dictum ; and it is none the less 
 so because the statement thus made has been universally accepted as 
 a valuable contribution to the case law on the subject of the validity 
 of decrees of divorce, and has come to be relied on as having prac- 
 Beief Mak.(3d Ed.)— 20 305 
 
§ 3 USE OF DECISIONS AND STATUTES (Part III 
 
 tically the effect of a direct decision. Another form of gratis dictum 
 lurks under the word "semble," so frequently found in the reports. 
 This term is often used to preface a statement by the court upon a 
 point of law which is not directly decided, when such statement is in- 
 tended as an intimation of what the decision would be if the point were 
 necessary to be passed upon. It is also used to introduce a suggestion 
 by the reporter, or his understanding of the point decided, when it is 
 not free from obscurity. 
 
 (d) The Test of Dicta 
 
 The reason usually assigned for not conceding to dicta the weight 
 and effect of precedents is that they are expressions of opinion upon 
 some matter which may not have been argued at the bar, or duly 
 brought to the attention of the court, or that they do not embody the 
 mature and deliberate opinion of the judges. But this is not the true 
 ground. The test of what is dictum is whether the statement made 
 was necessary or unnecessary to the determination of the issues raised 
 by the record and considered by the court. If it was merely an illus- 
 tration or argument, or a private view of the judge speaking, or super- 
 fluous and not needed for the full determination of the case, it was, so 
 to speak, rendered without jurisdiction, or at least was extrajudicial. 
 Official character attaches only to those utterances of a court which 
 bear directly upon the specific and limited questions which are pre- 
 sented to it for solution in the proper course of judicial proceedings. 
 Over and above what is needed for the solution of these questions, its 
 deliverances are unofficial. 
 
 Now a statement of law makes a precedent, not because it emanates 
 from a wise and learned man, but because it is laid down by a judge, 
 in his office of judge, and speaking to a question brought before him 
 as a judge. Hence it follows that dicta of all kinds, however maturely 
 they may have been considered, or however correctly they may state 
 the law, are not technically entitled to the weight of precedents, because 
 not within the limits of official decision. In eft'ect, the difference be- 
 tween a dictum and a judicial precedent is the difference between an 
 unofficial assertion of a principle of law and a decision of a contro- 
 verted question. 
 
 To this effect speaks the Supreme Court of the United States in Car- 
 roll V. Carroll's Lessee, 57 U. S. (16 How.) 275, 14 L. Ed. 936, in the 
 following language : "If the construction put by the court of a state 
 upon one of its statutes was not a matter in judgment, if it might have 
 been decided either way without affecting any right brought into ques- 
 tion, then, according to the principles of the common law, an opinion 
 on such a question is not a decision. To make it so, there must have 
 been an application of the judicial mind to the precise question neces- 
 sary to be determined to fix the rights of the parties and decide to 
 
 306 
 
Ch. XXI) DECISIONS AS PRECEDENTS DICTA § 3 
 
 whom the property in contestation belongs. And therefore this court, 
 as other courts organized under the common law, has never held itself 
 hound by any part of an opinion, in any case, which was not needful 
 to the ascertainment of the right or title in question between the par- 
 ties." We must remark, however, that in some few jurisdictions, and 
 particularly in Maryland, these views are not accepted. It seems to 
 be there considered that any ruling made by the courts upon due argu- 
 ment and consideration, whether necessary or unnecessary to the deci- 
 sion of the particular case, is entitled to be considered a precedent. 
 
 (e) Value of Dicta 
 
 As a dictum is by definition no part of the doctrine of the decision, 
 and as the citing of it as a part of the doctrine is almost certain to 
 bring upon a brief maker adverse comment, lawyers are accustomed 
 to speak of a dictum rather slightingly, and sometimes they go so far 
 as to intimate a belief that the pronouncing of a dictum is the doing 
 of a wrong. Yet it must not be forgotten that dicta are frequently, and 
 indeed usually, correct, and that to give an occasional illustration, or 
 to say that the doctrine of the case would not apply to some case of an 
 hypothetical nature, or to trace the history of a doctrine, even though 
 it be conceded, as it must, that such passages are not essential to the 
 deciding of the very case, is often extremely useful to the profession. 
 
 What is clear is that dicta are not part of the ratio decidendi, and 
 hence are not of imperative authority. It is equally clear that dicta 
 are entitled to some force. It is true that, as they are not required as 
 steps toward the decision of the very case, they may have been uttered 
 without full argument from counsel and without full consideration 
 from the court ; but if they can be shown to have been considered care- 
 fully, or to have been pronounced by unusually skillful judges, already 
 well acquainted with the subject, no lawyer denies that they are of 
 consequence. Whether well considered or not, they are entitled to be 
 treated as statements of opinion emanating from men of learning. 
 They resemble statements in legal treatises. In short, like all expres- 
 sions of opinion from persons learned in the law, dicta must be con- 
 ceded to have that sort of influence upon the minds of lawyers which 
 has already been described as persuasive authority. Nay, more, they 
 are frequently straws which show which way the mind is blowing, and 
 from them the lawyer may often make a shrewd guess as to how the 
 court will probably decide the case he is considering. 
 
 It should also be remarked that a dictum, though not originally en- 
 titled to rank as a precedent, may eventually come to occupy a position 
 hardly distinguishable from that of a direct adjudication. This hap- 
 pens when the dictum is regarded as embodying a particularly correct 
 or forcible statement of legal doctrine, and is frequently referred to 
 with approval. This is illustrated in the dictum in Pennoyer v. Neff, 
 
 SOT 
 
§ 4 USE OF DECISIONS AND STATUTES (Part III 
 
 above referred to. Again, a dictum is sometimes made the starting 
 point for a line of direct decisions, which, notwithstanding the origin 
 on which they rest, are too weighty, in their accumulated strength, to 
 be overthrown. 
 
 § 4. Unnecessarily Broad Language 
 
 Intermediate between the authoritative doctrine of a decision and a 
 mere dictum lies an unnecessarily broad statement of a principle which 
 is really decisive of the problem before the court, and which there- 
 fore cannot be treated as wholly unnecessary. It is, indeed, difficult to 
 determine precisely how broad should be the statement of the reason 
 dictating the decision. There is no question at all that some of the 
 peculiarities of the problem in hand have nothing whatever to do with 
 the solution. The age of the plaintiff, for example, is usually irrele- 
 vant, and yet there are cases where it becomes the really distinctive and 
 conclusive feature. The pleadings do much towards demonstrating 
 what features are important, especially when the pleadings finally 
 frame a distinct issue of law by reason of a demurrer ; and the proce- 
 dure by which the case is taken to a higher court is also of great utility 
 in explaining what is the precise question. 
 
 Yet, notwithstanding pleadings and procedure, there frequently re- 
 main facts which conceivably color the problem in such a way that 
 it is difficult to determine whether the coloring is not an essential fea- 
 ture of the general principle controlling the decision. When the court 
 conceives that the coloring is immaterial, and therefore utters a general 
 principle ignoring the coloring, and such general principle is the real 
 basis for the decision, the case is unquestionably an imperative author- 
 ity for such general principle. On the other hand, if the general prin- 
 ciple, though uttered without limitation, was uttered merely because of 
 the presence of the element just now called the coloring, the coloring 
 itself is really a part of the reason of the decision, and the court's 
 ignoring of the coloring was merely apparent; and then the court's 
 failure to mention the coloring should be treated as a mere inadvertence, 
 or as the conscious utterance of an unnecessarily broad doctrine, whose 
 unnecessary broadness is in effect dictum. 
 
 It is difficult, when one has vividly in mind a specific state of facts, 
 to phrase a proposition of law which will not cover more cases than 
 are intended ; and hence it is common for judges to insist that their 
 language should be construed carefully in the light of the actually 
 surrounding circumstances. Consequently, in framing a memorandum 
 of the ratio decidendi of any case, the brief maker must be careful to 
 avoid copying excessively broad propositions, and to make his state- 
 ment of the doctrine of the case no broader than would be approved 
 by the court making the decision, if that court were, so to speak, sub- 
 jected to cross-examination. 
 
 308 
 
Ch. XXI) DECISIONS AS PRECEDENTS DICTA § 5 
 
 § 5. Two or More Grounds for Decision 
 
 When the court finds that its decision — for example, the reversal of 
 the judgment of a lower court— can be rested upon either one of two 
 or more independent grounds, it is obviously possible for the court to 
 ignore all the grounds except one, and to proceed to base its decision 
 upon th t one ; and hence it is arguable that, if the court rests its deci- 
 sion upon more than one of the possible grounds, it is doing more than 
 it is compelled to do, and hence more than it has a right to do, and that 
 consequently the opinion, in so far as it goes upon more than one of the 
 possible grounds, is in effect a dictum, and thus merely of persuasive 
 authority. 
 
 The argument is plausible, but specious, and it does not represent the 
 view that lawyers take. The court has a perfect right to pass upon the 
 whole case, and to base its decision upon as many points as it finds to 
 be available. If the court does pass upon more than one ground, and 
 indicates clearly that it is content to rest its decision upon each ground 
 so passed upon, then each of the grounds thus approved becomes the 
 basis of a general principle for which the decision is of imperative au- 
 thority. It is true, on the other hand, that the weight of the case as to 
 any one ground will be lessened by any indication that this ground was 
 deemed unimportant or was not examined with full consideration ; 
 and it is also true, of course, that if the court refuses to pass upon 
 one of the grounds the decision is of no authority at all as regards the 
 ground thus ignored and repudiated. 
 
 As said above when the case fairly presents two points going to the 
 merits, upon either of which the appellate court might rest its decision, 
 and the court actually decides both, without indicating that it has in- 
 tended to rest the judgment upon one rather than the other, it cannot 
 be said that the decision upon either of these points is dictum. In the 
 case of Hawes v. Contra Costa Water Co., 11 Fed. Cas. 862 (Case No. 
 6,235), the court, referring to Spring Valley Water Works v. City and 
 County of San Francisco, 52 Cal. 112, in which a writ of prohibition 
 was asked for, said : "There were two grounds relied on to show that 
 there was not a proper case for the exercise of jurisdiction. Both 
 grounds were distinctly and squarely presented by the record, and re- 
 lied on, though the second was more especially argued by counsel. 
 The court might just as well have rendered its decision on the second 
 ground, if found good, as upon the first, without noticing the second, 
 or it might properly have decided on both grounds, as in fact it did. 
 It is a matter of almost everyday occurrence that the record contains 
 two points, either of which, if sustained, would determine the case, 
 and the court decides them all. In such case it cannot be said that one 
 or the other is obiter. Where both points are fairly and directly pre- 
 sented by the record, and the decision might as well have been put 
 
 309 
 
§ 5 USE OF DECISIONS AND STATUTES (Part III 
 
 upon one as the other, and both are distinctly detei-mined, we can no 
 more say that one was not directly adjudicated than the other." 
 
 In Florida Cent. R. Co. v. Schutte, 103 U. S. 118, 26 L. Ed. 327, 
 it was said : "It cannot be said that a case is not authority on one point 
 because, ahhough that point was properly presented and decided in the 
 regular course of consideration of the case, something else was found 
 in the end which disposed of the whole matter." So, in State ex rel. 
 Bailey v. Brookhart, 113 Iowa, 251, 84 N. W. 1064, the court held that 
 where several objections to the validity of a constitutional amendment 
 are raised by the issues, and are held as valid grounds for the denying 
 of its validity by the trial court, and its rulings thereon are assigned 
 as error, and are specifically considered and affirmed on appeal, the de- 
 cision is authoritative, and not dictum, as to each objection. The court 
 said : "We consider that it is not for us to determine that of the two: 
 questions involved, relating to the amendment of the Constitution, one 
 only was regarded as decided, while the other was simply discussed. 
 The conclusion of the court as to either of these two questions would 
 have determined the case, and one conclusion is as binding upon us as 
 the other." 
 
 § 6. Two Opposite Holdings at the Same Stage of the Case 
 
 Somewhat similar to the discussion in the preceding paragraph is 
 the discussion of the effect of the court's deciding different points in 
 the case in behalf of different parties. It is possible, for example, for 
 the higher court to decide that as to one error alleged by the appellant 
 the lower court was right, and as to another wrong. It is obvious that 
 the ultimate act of the court above in such a case — the setting aside of 
 the judgment of the court below — was dictated wholly by the view that 
 the court below had committed an error ; and consequently it is argu- 
 able that, in so far as the court above expressed an opinion that as tO' 
 one point there was no error, the court above was doing something 
 unnecessary as a step towards its ultimate act, was uttering a dictum, 
 and created, at best, an opinion of only persuasive authority. 
 
 The argument is merely specious. In truth, the higher court has de- 
 cided two points — one in one way, and the other in another — and each 
 decision was independent; and, though the ultimate judgment of re- 
 versal flowed from only one of the decisions, each decision was of a 
 judicial nature, and the principles underlying the respective decisions 
 are properly to be treated as of imperative authority. However, here, 
 as before, it must be added that as to the point upon which the higher 
 court found no error the weight of the decision will be weakened by 
 any indication that the court's consideration of this point was slight. 
 
 310 
 
Ch. XXI) DECISIONS AS PRECEDENTS DICTA § 9 
 
 § 7. Several Errors Claimed, and None Found 
 
 Verbally similar to the two instances of two or more mingled deci- 
 sions just now discussed, but essentially very different, is the question 
 arising when the court above is asked to pass upon several suggested 
 errors of the court below, and finds that there are no errors at all, or 
 when the court is asked to pass upon several grounds of demurrer to a 
 pleading, and finds that no one of the grounds is sustainable. As the 
 finding upon each point is really essential to the court's ultimate ruling 
 — the affirming of the judgment of the court below, or the overruling 
 of the demurrer — it ought to be obvious to even the most technical 
 person that the decision of the court in question is of imperative au- 
 thority as to each point, and also that the weight of the opinion is in 
 no way lessened by the presence of the several points. 
 
 Yet it must be admitted that occasionally errors counteract each 
 other. Hence, occasionally, when two allegations of error are taken 
 to a court above, there may be an affirmance which is not based upon 
 the court's belief that there was no error. This is a formal qualification 
 of the discussion just now given, but it is not an important qualifica- 
 tion, for the case seldom arises, and it is detected very easily. 
 
 § 8. Discordant Opinions Agreeing in Result 
 
 There remain three instances in which the ascertaining of the doc- 
 trine of a decision is unusually difficult, and sometimes impossible. 
 
 The first of these instances is encountered when the judges, though 
 all or most of them agree in result, differ as to the grounds of the de- 
 cision. A famous instance of this is the Dred Scott Case (Dred Scott 
 v. Sandford, 60 U. S. [19 How.] 393, 15 L. Ed. 691). The difference 
 may be of any degree of intensity, and when it is extreme the brief 
 maker cannot safely say what is the general principle, and must content 
 himself with stating the case and the result and then giving some indi- 
 cation of the grounds assigned by the several judges. ^ Now and then 
 it may be possible to harmonize opinions apparently diverse, but surely 
 one must hesitate to insist that but one doctrine was held by judges 
 who professed to disagree. 
 
 § 9. Opinion Ignoring Point 
 
 Another difficulty, sometimes insuperable, is encountered when the 
 opinion of the court ignores the point which the brief maker deems 
 the real explanation of the decision. Now and then, doubtless, the 
 point is so obviously present that the court must be understood to have 
 seen it, and to have given to it due weight. Oftener, however, it is 
 more easily arguable that the point was wholly overlooked and that it 
 had no effect, consciously or unconsciously, upon the court's decision. 
 
 » See Sturges v. Crowninshield, 4 Wheat. 122, 207, 208, 4 L. Ed. 529 (1819), and comments 
 on that case by Johnson, J., in Ogden v. Saunders, 12 Wheat. 213, 272-273, C L. Ed. oou 
 (1S^7J. 
 
 311 
 
§ 10 DSE OF DECISIONS AND STATUTES (Part III 
 
 It is certainly somewhat dangerous to assume that the court intention- 
 ally adopts a principle which its opinion does not suggest. Although 
 there are instances where the silence of the court as to an obvious point 
 cannot be imputed to ignorance or inadvertence, and where, therefore, 
 the brief maker may properly venture to cite the case to an unmen- 
 tioned proposition,* it is hardly necessary to add that his memorandum 
 must carefully point out that he has done this, and why he has done it. 
 
 § 10. No Opinion 
 
 The third difficulty is distinctly similar to the one just now con- 
 sidered. It arises when there is no opinion at all. Then the safe course 
 for the brief maker, clearly, is simply to state the case and the result. 
 Now and then a certain point was taken to the court so obviously as to 
 render it possible for any careful reader to say that the decision made 
 by the court must be understood to contain a proposition upon that 
 point ; but here, again, it is hardly necessary to say that no brief maker 
 would venture to frame this proposition of law without appending a 
 memorandum of the absence of an opinion. 
 
 * See Comments by Harlan, J., in United States v. Texas, 143 U. S. 621, 12 Sup. Ct. 488, 
 36 L. Ed. 285 (1892). 
 
 312 
 
Ch. XXII) DECISIONS AS PRECEDENTS § 3 
 
 CHAPTER XXII 
 
 DECISIONS AS PRECEDE>;TS— EXTRACTING DOCTRINE 
 OF CASE— FORCE OF PRECEDENTS— STARE DECISIS 
 
 Introduction. 
 
 Three Elements in a Reported Case. 
 
 Unnecessary Statements or Dicta. 
 
 Point Decided. 
 5. Ratio Decidendi, 
 t). Extracting the Doctrine of a Decision. 
 
 7. Same — When Ratio Decidendi does Not Correspond to Point Decided. 
 
 (a) Illustration. 
 
 (b) Explanation. 
 
 8. Same — When Ratio Decidendi and Point Decided Coincide. 
 
 (a) Explanation. 
 
 9. Use of Decision as a Precedent. 
 
 10. Immaterial Differences in Cases — Distinguishing Cases. 
 
 11. Arguing from Analogy — Combining Cases. 
 
 12. Stare Decisis. 
 
 (a) Stare Decisis and Res Judicata Distinguished. 
 
 (b) Application of Rule of Stare Decisis. 
 
 13. Conclusion. 
 
 § 1. Introduction 
 
 In Chapters XX and XXI we have attempted to point out to the 
 reader the authoritative element in a decision, that feature of a re- 
 ported case which makes it a precedent. By way of introduction to 
 the present chapter, let us briefly review the rules or principles by 
 which cases are to be analyzed for the purpose of determining this au- 
 thoritative element. 
 
 § 2. Three Elements in a Reported Case 
 
 If the reader has followed closely the discussion in the two pre- 
 ceding chapters, he must have grasped the fact that in every reported 
 case there are two elements, two classes of statements of law, upon 
 which the force of the decision as a precedent, as an authority bind- 
 ing other courts, may rest. These two elements are the point decided 
 and the ratio decidendi. 
 
 But accompanying these is a third class of statements, not necessary 
 parts of the decision, the influence of which is nothing in adding to 
 the force of the decision, but which, nevertheless, are present in almost 
 every case, and which must consequently be distinguished and sep- 
 arated from the other two. We refer again to dicta. Let us con- 
 sider these for a moment in the inverse order of their importance as 
 authority. 
 
 § 3. Unnecessary Statements or Dicta 
 
 As a judicial decision arises only when a particular, specific contro- 
 versy is submitted to the court for determination, and as the real func- 
 tion of a court is to decide only the specific actual controversy so sub- 
 
 313 
 
§ 4 USE OF DECISIONS AND STATUTES (Part III 
 
 mitted, it is obvious that any departure from the controversy, any 
 consideration of hypothetical controversies, is extrajudicial, and con- 
 sequently ultra vires. But in a great many instances the court goes 
 out of its way to ingraft on its decisions statements of the law that 
 have no direct application to the matter in controversy. These state- 
 ments may be made merely by way of illustration and argument from 
 analogy, or they may be broad statements and applications of princi- 
 ples that are in a narrow form really involved in the case. In any 
 event these statements, classed under the generic term of dicta, being 
 wholly unnecessary to the determination of the real question at issue, 
 are of no authority, add nothing to the force of the decision, and must 
 be eliminated in order to arrive at the authoritative element of the case. 
 
 § 4. Point Decided 
 
 But, as a decision is a result of the consideration and determination 
 of an actual controversy, it is evident that the point or issue actually 
 decided by the court is a necessary element of the decision, and conse- 
 quently possesses some attribute of authority. It is binding on the par- 
 ties to the action and on their privies. But its authority is limited 
 strictly by the facts of the controversy. It can influence the decision 
 of other controversies only when those controversies arise out of facts 
 exactly similar. Therefore, if a decision shall bind the courts in other 
 controversies between other persons and based on variant facts, it must 
 be because there is some principle of law underlying the point decided 
 that is applicable to varying conditions of fact, and that really binds the 
 world at large. 
 
 § 5. Ratio Decidendi 
 
 It is this underlying principle, the doctrine of the case, the ratio 
 decidendi, the legal reason which caused the case to be decided as it was 
 decided, which is the authoritative element. As was pointed out in 
 Chapter XXI, the ratio decidendi does not necessarily coincide with 
 the point decided, though in some instances, in expressing the point 
 decided, it is in the form of the ratio decidendi. In the nature of 
 things, the ratio decidendi is usually broader than the point decided, 
 as the point decided merely shows the application of the ratio decidendi 
 to specific facts. Moreover, the ratio decidendi need not appear in so 
 many words in the opinion. In fact, often it must be deduced from the 
 result of the case, in that the case could not have been decided as it 
 was unless the court assumed that a certain principle applied. 
 
 But, whether stated in so many words or not, the reader must not 
 lose sight of the fact that underlying every decision there must of 
 necessity be some principle of law; that in every decision there is 
 necessarily involved some proposition of law — the ratio decidendi — 
 without which the judgment in the case could not have been given. It 
 is this principle that the brief maker must find by his analysis of the 
 case before he can rely on that case as a precedent. 
 
 314 
 
Ch. XXII) DECISIONS AS PRECEDENTS § 6 
 
 § 6. Extracting the Doctrine of a Decision 
 
 For the purpose of showing the lawyer's mode of determining the 
 doctrine of a decision, it will be useful to examine the famous case of 
 Irons V. Smallpiece, 2 B. & Aid. 551, in which the question was whether 
 the title to personal property passes by an oral gift without delivery. 
 
 The question arose in an action of trover for two colts. The plain- 
 tifif was the donee. The defendant was the executrix of the donor, who 
 was the plaintiff's father. An oral gift of the colts seems to have been 
 made by the testator to the plaintiff, a year before the testator's death. 
 The colts were never taken out of the testator's possession. Six months 
 before.the testator's death the testator agreed to furnish hay at a stipu- 
 lated price, but until three or four days before his death none was fur- 
 nished. On these facts, in the court below, Abbott, C. J. (later Lord 
 Tenterden), took the case from the jury, and directed a nonsuit. 
 
 In the court above — the Court of King's Bench- — counsel fpr the 
 plaintiff, arguing in favor of setting the nonsuit aside, stated that in 
 Wortes V. Clifton, 1 Rolle's Rep. 61, it was laid down by Coke, C. J., 
 that, although in the Roman law a gift of goods is inefficacious without 
 delivery, in our law the rule is otherwise. 
 
 The judges, however, agreed that the nonsuit should not be set aside. 
 
 They delivered separate opinions. Abbott, C. J., said, in part: "In 
 order to transfer property by gift there must either be a deed or in- 
 strument of gift, or there must be an actual delivery of the thing to 
 the donee. Here the gift is merely verbal, and differs from a donatio 
 mortis causa only in this respect: that the latter is subject to a condi- 
 tion that, if the donor live, the thing shall be restored to him. Now, 
 it is a well-established rule of law that a donatio mortis causa does 
 not transfer the property without an actual delivery. * * * This 
 property in the colts did not pass to the son by the verbal gift; and 
 I cannot agree that the son can be charged with the hay which was 
 provided for these colts three or four days before the father's death, 
 for I cannot think that that tardy supply can be referred to the con- 
 tract which was made so many months before." The other judges con- 
 curred, Holroyd, J., saying, in part: "In order to change the prop- 
 erty by a gift of this description there must be a change of possession. 
 Here there has been no change of possession. If, indeed, it could be 
 made out that the son was chargeable for the hay provided for the 
 colts, then the possession of the father might be considered as the 
 possession of the son." And Abbott, C. J., added: "The dictum of 
 Lord Coke in the case cited must be understood to apply to a deed of 
 gift." 
 
 Thereupon the Court of King's Bench gave judgment for the de- 
 fendant; the reporter's short summary of the result being simply, 
 "Rule refused." 
 
 S15 
 
§ 6 USE OF DECISIONS AND STATUTES (Part III 
 
 Noticing exactly what was the point that had to be decided in the 
 court above, namely, whether, in view of the fact that there was no 
 change of possession, the plaintiff took title to the colts under the gift 
 from his father, one sees that this case cannot be cited as an imperative 
 authority for any proposition other than that title to a chattel does not 
 pass by a merely oral gift inter vivos, while the chattel remains in the 
 donor's possession. The judges certainly indicated their views upon 
 other propositions. They showed clearly their belief that an oral gift 
 of a chattel, with change of possession, passes title, and that an instru- 
 ment under seal or any other written instrument of gift may pass title 
 without change of possession of the chattel itself; but upon these 
 propositions, and others that may be found more or less clearly indi- 
 cated in the opinions, what the judges said was not requisite for their 
 decision, for they did not decide that the gift before them passed title, 
 and hence their statements of the hypotheses upon which title would 
 pass were mere dicta, however sound they may be. 
 
 Taken in connection with the discussion already given, this case 
 of Irons v. Smallpiece shows both how the judges deal with the sayings 
 of prior courts and how the brief maker may venture to discard dicta 
 and thus ascertain the true ratio decidendi. The doctrine of the deci- 
 sion is most safely ascertained by finding precisely what question was 
 taken to the court and what disposition was there made of the case, and 
 by then extracting, with the aid of the opinion, the general proposition 
 or propositions which dictated this result. 
 
 § 7. Same — When Ratio Decidendi does Not Correspond to 
 Point Decided 
 
 Attention has been called to the fact that the ratio decidendi does 
 not necessarily correspond to the concrete point decided. In such in- 
 stances, if we were formulating a paragraph of the point decided, the 
 ratio decidendi or reason for the decision would not be included there- 
 in. This is especially the case when the ratio decidendi consists of a 
 statement of a principle of law so long established and so well known 
 as to have become an axiom. In such cases, and where the question up 
 for determination is one which must necessarily be decided by a direct 
 application of the ratio decidendi thereto, or by a variation or excep- 
 tion therefrom, a statement of such application or variation of the 
 ratio decidendi to the specific question is a sufficient paragraph. Where 
 this is done, the ratio decidendi is left to be inferred from the para- 
 graph so written. 
 
 (a) Illustration 
 
 The following case is given as illustrative of a case where the ratio 
 decidendi does not correspond exactly with the point decided, and is 
 therefore properly omitted as a point decided : 
 
 316 
 
Ch. XXII) DECISIONS AS PRECEDENTS § T 
 
 RiTTBR V. Thibodeaux (Tex.) 41 S. W. 492. 
 
 FivY, J. Appellee, a minor, by and through his father, sued 
 appellant in the county court of Galveston county, to recover 
 damages in the sum of $1,000, incurred by reason of the loss of 
 an eye, caused by appellee being shot by the minor son of appel- 
 lant. The cause was tried by a jury, and appellee obtained a 
 verdict and judgment for $200. William Ritter, Jr., the son of 
 appellant, and several other boys, had been out hunting, and were 
 returning home, when a boy, in front with appellee, called to the 
 other boys, who had air guns, that he would give them leave to 
 shoot at them. Appellee and his companion then sprang behind 
 a bale of cotton; but appellee peeped out, and, as he did so, was 
 struck in the eye by a shot from the gun of William Ritter, Jr., 
 and the injury was such that he lost his eye. Appellant had no 
 knowledge that his son was out with the gun. The boy did not 
 own a gun, and was not permitted by his father to use one ; but 
 he had borrowed the air gun from a neighbor. 
 
 Is the father responsible in damages for the act of the son? 
 We are of the opinion that he is not. At common law the father 
 is not liable for the torts of his child, committed without his 
 knowledge or authority, express or implied. Such a case would 
 have been upheld by the civil law, under the operation of which 
 the child occupied the position almost of a slave, but never has 
 been permitted wherever English law has shaped statutes and 
 decisions. The rule generally followed in America is that the 
 father is not liable in damages for the torts of his child, com- 
 mitted without his knowledge, consent, participation, or sanc- 
 tion, and not in the course of his employment of the child. 
 * * * Neither the allegations nor the proof show the liability 
 of appellant for the act of his son, and the judgment is therefore 
 reversed, and the cause dismissed. 
 
 (b) Explanation 
 
 In this case there is but one question to be decided. Was the father 
 liable for the acts of his son ? The court held that he was not, and in 
 so deciding said : "The rule generally followed in America is that the 
 father is not liable in damages for the torts of his child, committed 
 without his knowledge, consent, participation, or sanction, and not in 
 the course of his employment of the child." This statement is, of 
 course, based on the general principle of law (but not stated in the 
 opinion) that one person cannot be held legally responsible for the 
 torts of another, and amounts to a holding that the mere existence 
 of the relationship of parent and child is not sufficient to constitute 
 an exception to such rule. These two statements, the one expressed 
 and the other inferred, constitute the ratio decidendi. The opinion, 
 however, contains a statement of the facts sufficient to make it desir- 
 
 317 
 
§ 7 USE OF DECISIONS AND STATUTES (Part III 
 
 able, as well as possible, to apply the ratio decidendi thereto in for- 
 mulating a paragraph for the case, which should read as follows : 
 
 "A father who does not permit his minor son to use a gun cannot 
 be held responsible in damages for the act of his son, who, while out' 
 hunting without his father's knowledge or consent, carelessly and pur- 
 posely shoots a companion, and injures him." 
 
 This paragraph constitutes an application of the ratio decidendi to 
 the facts, and is what is known as a concrete paragraph. It would, 
 of course, be permissible to formulate another paragraph to the effect 
 that a "father is not liable in damages for the torts of his minor child, 
 committed without the parent's knowledge, consent, participation, or 
 sanction, and not in the course of his employment of the child." Such 
 a paragraph would be what is known as an abstract paragraph. But 
 when it is considered that the statement embodied in the abstract para- 
 graph is of a principle of law so well established and generally known, 
 and that the concrete paragraph contains the statement by an implica- 
 tion so clear that it cannot possibly be overlooked, it is apparent that 
 the abstract statement is unnecessary. 
 
 If the abstract statement happened to be of a principle of law which 
 was of first impression, or of a principle as to the correctness of which 
 there was a dispute or conflict of authorities, then the abstract para- 
 graph should be included in the points decided. 
 
 § 8. Same — When Ratio Decidendi and Point Decided Coincide 
 
 On the other hand, the case of Wilson v. Garrard, 59 111. 51, is illus- 
 trative of a case when the ratio decidendi and the point decided prac- 
 tically correspond, and when, therefore, in formulating a paragraph 
 expressive of the point decided, the ratio decidendi would be included 
 therein. This case is especially valuable, also, as indicating the dis- 
 tinction between ratio decidendi, or point decided, and dicta. 
 
 Wilson v. Garrard, 59 111. 51. 
 
 Pbr Curiam. This suit was commenced before a justice of 
 the peace, for the trespass of the children of appellee, in passing 
 over the land of appellant, in going to and returning from school, 
 and for worrying and maltreating the hogs of appellant. 
 
 A father is not liable for the torts of his children, commit- 
 ted without his knowledge or consent, and not in the course of 
 nis employ. 
 
 In this case, the acts of the children towards the hogs were 
 wholly willful, and not by the direction or with the assent of the 
 father. Infants are liable for torts and wrongs committed by 
 them, the same as adults. It would be unjust to hold the father 
 responsible for the purely mischievous and willful conduct of 
 the children, as shown by this record. * * * j-'pj^g j.gg(. Qf 
 the opinion deals with the question of a license to use the land 
 of appellant, and is omitted.] 
 
 318 
 
Ch. XXII) DECISIONS AS PRECEDENTS § D 
 
 (a) Explanation 
 
 The appellee was sued for the trespass by his children on appel- 
 lant's land, etc. The question presented to the court was : Is a parent 
 responsible to the owner of property for a trespass thereon committed 
 by his infant children, because of the relationship of parent and child? 
 The court held that he was not, and as a reason for such holding said : 
 "A father is not liable for the torts of his children, committed without 
 his knowledge or consent, and not in the course of his employ." This 
 principle or declaration of law is based on the principle that one person 
 cannot be held legally responsible for the torts of another, and declares 
 that the mere relationship of parent and child does not constitute an 
 exception to the general principle, which is therefore the ratio decidendi 
 of the holding. 
 
 All other statements are dicta. The statement that "infants are 
 liable for torts and wrongs committed by them, the same as adults," is 
 not necessary to the decision, because the action is not against the chil- 
 dren, but against the parent, and hence is dictum, although a statement 
 of an established principle of law. 
 
 This case may also be used as illustrating when the ratio decidendi 
 is properly a point decided; i. e., the ratio decidendi stated in the opin- 
 ion, not the ratio decidendi implied. This is properly so in this case, 
 because the statement of facts is insufficient to permit of the application 
 of the ratio decidendi thereto, so as to make a good concrete statement 
 of the point. 
 
 § 9. Use of Decision as a Precedent 
 
 Having considered what it is in the decision that constitutes its au- 
 thoritative element, and gives it the force of a precedent, let us consider 
 briefly to what extent its force is affected by the nature of the contro- 
 versy in which it 'is appealed to as a precedent. 
 
 If the facts and issues in the subsequent case are identical, so that 
 both the point decided and the reason for the decision apply directly 
 to the case at bar, the former decision is, of course, unquestionably a 
 precedent, and will control the determination of the second case. This 
 is so clear that it needs no further exposition. So, too, if there is abso- 
 lutely nothing in common between the present controversy and the 
 former case appealed to as a precedent, obviously the decision in the 
 former case cannot be relied on as determining the case at bar. 
 
 But between these two extremes lie those cases in which the facts 
 and issues differ to a greater or less extent from those in the former 
 case. In such instances, while the applicability of the former decision 
 as a precedent is not so obvious, yet the situation presents no real 
 difficulty, and the status of the former decision as a precedent is de- 
 termined by a few very simple rules, dependent on the relation of the 
 one case to the other. 
 
 319 
 
g 10 USB OF DECISIONS AND STATUTES (Part III 
 
 § 10. Immaterial Differences in Cases — Distinguishing Cases 
 
 In order that the decision in one case should be available as a prec- 
 edent for the decision of another case, it is not necessary that the cir- 
 cumstances of the two cases should be identical. Each case actually 
 in the courts involves numerous facts or circumstances which may 
 never be present in any other. But many of them may be immaterial 
 to the rule of law announced in the case. If the point of difference 
 between the two cases is such that its presence or absence could make 
 no difference in the determination of the rule of law by which the case 
 is to be governed, it is immaterial, and will not affect the authority of 
 the former case as a precedent in the latter. But if there be a fact or 
 circumstance in the former case which is not present in the latter case, 
 and which is of such a nature that the former case could not have been 
 ruled as it was, had that fact or circumstance been absent, then the for- 
 mer case is not an authority for the decision of the latter. The ascer- 
 tainment of such material points of difference, and the indication of 
 their influence upon the decision to be rendered, is known as "distin- 
 guishing" cases. 
 
 § 11. Arguing from Analogy — Combining Cases 
 
 One case which presents exactly the same state of facts with another 
 is said to be "on all fours" with it. As already explained, this absolute 
 identity is not necessary to justify the application of the one to the 
 other as a precedent. One case is a direct precedent for another, if it 
 involves the same question of law arising out of a substantially similar 
 state of facts. But it also frequently happens that a case may be de- 
 cided strictly on precedent, although no earlier case can be found which 
 is on all fours with it, or even a direct precedent for it. Several cases, 
 all dealing with the same general topic, though with dissimilar aspects 
 of it, may, by their combination, establish a general rule which is broad- 
 er than the doctrine of any one of the cases taken by itself, and broad 
 enough to include the novel case to which it is to be applied. 
 
 Let it be supposed, for example, that it has been decided that an in- 
 scription etched on glass is admissible as documentary evidence in a 
 proper case, notwithstanding the nature of the substance and the meth- 
 od of putting the writing upon it. Suppose, further, that a second 
 case has made a similar decision with regard to an inscription cut into 
 wood, and that a third has laid down the same rule with reference to 
 an inscription carved on stone. A case now arises in which the ques- 
 tion is as to the admissibility of an inscription engraved on a gem or a 
 ring. No one of the three previous cases is identical with it. Yet those 
 cases, taken together, may be considered as having settled the general 
 rule that neither the substance on which a document is inscribed nor the 
 manner of the inscription is material, so long as it is legible and suffi- 
 ciently enduring in character. And this general rule is broad enough to 
 include the case on trial and to furnish a principle for its decision. 
 
 320 
 
Ch. XXII) DECISIONS AS PRECEDENTS ' § 12 
 
 § 12. Stare Decisis 
 
 The rule of adherence to judicial precedents finds its expression in 
 the doctrine of stare decisis. This doctrine is simply that, when a 
 point or principle of law has been once officially decided or settled by 
 the ruling of a competent court in a case in which it is directly and 
 necessarily involved, it will no longer be considered as open to exam- 
 ination or to a new ruling by the same tribunal, or by those which are 
 bound to follow its adjudications, unless it be for urgent reasons and 
 in exceptional cases. 
 
 (a) Stare Decisis and Res Judicata Distinguished 
 
 The doctrine of stare decisis must, however, be distinguished from 
 the principle of res judicata. As was said in Moore v. City of Albany, 
 98 N. Y. 396: "A judgment, as to all matters decided thereby, and as to 
 all matters necessarily involved in the litigation leading thereto, binds 
 and estops all parties thereto and their privies in all cases where the 
 same matters are again brought in question. Such is the doctrine of res 
 judicata. There is also the doctrine of stare decisis, which is of a 
 different nature. When a court has once laid down a principle of law 
 as applicable to a certain state of facts, it will adhere to that principle 
 and apply it to all future cases, where the facts are substantially the 
 same; and this it does for the stability and certainty of the law." In 
 effect the two principles differ in three main particulars : 
 
 First, as to the parties affected. A judgment (unless it be in rem) 
 is conclusive only upon the parties to the former litigation and those 
 who are in privity with them. But a judicial precedent will be applied 
 by the courts without any regard to the parties ; it being necessary only 
 that their legal rights and relations should be substantially the same as 
 those passed upon in the former case. 
 
 Second, they differ as to the nature of the questions settled. The 
 doctrine of estoppel by judgment applies to controverted questions of 
 fact, and prevents the re-examination of issues of fact once judicially 
 settled in a court of competent jurisdiction. The rule of stare decisis 
 has no relation to matters of fact, but is applicable when disputed 
 questions of law have been officially settled and determined. 
 
 Third, while both these rules are directed to the same general end, 
 namely, to put an end to litigation, they differ in the modes by which 
 they seek to accomplish this purpose. A judgment is held to be con-' 
 elusive, in order that the parties may not be at liberty to renew the 
 same litigation at their pleasure. The object is to put a definite end 
 to each individual controversy when a final judgment has been reached, 
 so that it may not be indefinitely protracted in the courts. The doctrine 
 of stare decisis, on the other hand, seeks to prevent litigation in general, 
 by rendering it unnecessary. Its object is to impart such certainty and 
 stability to the law that every man may be certified of the nature and 
 extent of his various rights and legal relations, and may be enabled to 
 BwefMak.(3dEd.)— 21 321 
 
§ 12 USE OF DECISIONS AND STATUTES (Part III 
 
 govern his conduct in such a manner as to make it unnecessary for him 
 to come before the courts either as plaintiff or defendant. 
 
 (b) Application of Rule of Stare Decisis 
 
 While the rule of stare decisis is very important, and will not be 
 departed from for slight or trivial causes, yet it would never be car- 
 ried so far as to preclude the court from investigating former decisions, 
 if the question has not undergone repeated examination and become 
 well settled. As was said in Smith v. Smith, 13 La. 441, "a single 
 precedent will not be necessarily followed." And in State v. Williams, 
 13 S. C. 546, it was said that in case of a single decision regard would 
 be had to the grounds thereof. So the Supreme Court of Ohio, in 
 Leavitt v. Morrow, 6 Ohio St. 71, 61 Am. Dec. 334, took the position 
 that mere precedent alone is not sufficient to establish a legal principle 
 that is not founded on sound reason and does not tend to the purposes 
 of justice. On the other hand, where the rule has been adhered to for 
 many year.s, it will, as said in Davidson v. Biggs, 61 Iowa, 309, 16 N. 
 W. 135, usually be followed, without even attempting to vindicate its 
 correctness. The rule of stare decisis, according to Whittemore v. 
 Cope, 11 Utah, 344, 40 Pac. 256, merely means that when the facts 
 are the same as in the previous case, though the parties are different, 
 the appellate court will adhere to its previous decision ; there being 
 nothing manifestly erroneous therein. Perhaps the most common ap- 
 plication of the rule is to be found among those decisions which estab- 
 lish a rule of property or the construction to be placed upon a statute. 
 In such case it is believed that the principle of the former decisions 
 should be adhered to for the protection of rights that have grown up 
 as the result thereof, though subsequent experience may show them to 
 be erroneous. 
 
 § 13. Conclusion 
 
 In the last three chapters we have attempted to give the reader a 
 clear idea of the value and weight of a decision and its force as a prec- 
 edent, so far as its value and force is affected by conditions inherent in 
 the decision itself. In the next chapter the external conditions which 
 may affect the value of a decision will be discussed. 
 
 322 
 
Ch. XXIII) CIRCUMSTANCES AFFECTING WEIGHT OF DECISION § 2 
 
 CHAPTER XXIII 
 
 DECISIONS AS PRECEDENTS— CIRCUMSTANCES AFFECTING 
 THE WEIGHT OF A DECISION 
 
 § 1. Introduction. 
 
 2. The Necessity of Noticing the Circumstances. 
 
 3. Thoroughness of Consideration. 
 
 4. Same — Cases of First Impression. 
 
 5. .Same — Failure to Cite Authorities. 
 (j. lOtt'ect of Dissent. 
 
 7. Decision by Divided Court. 
 
 8. Defective Reports. 
 
 9. Later Authorities in Same Jurisdiction. 
 
 10. Same — Power of Court to Overrule Its Own Decisions. 
 
 11. Same — Decision Overruled Expressly. 
 
 12. Same — Decision Overruled by Implication. 
 
 13. Same — Decision Limited or Distinguished. 
 
 14. Same — Decision Disapproved. 
 
 15. Decision Ignored. 
 
 16. Isolated or Connected Decisions. 
 
 17. Comments Based on the Jurisdiction of the Court. 
 
 18. Same — As Between Superior and Inferior Courts. 
 
 19. Same — Decisions of State Courts on Federal Questions. 
 
 20. Same — As Between Courts of Different States. 
 
 21. Same — As Between Federal and State Courts. 
 
 22. Same — Decisions of Commission or Temporary Court. 
 2.3. Same — Decisions of English and Other Foreign Courts. 
 24. Conclusion — Caution Against Hypercriticism. 
 
 § 1. Introduction 
 
 In Chapter XIX it was pointed out that in determining the force of 
 a decision as a precedent two classes of factors — the one internal and 
 the other external — must be taken into consideration. In Chapters 
 XX, XXI, and XXII the internal factors — the nature of the state- 
 ments of law contained in the opinion and their relation to the facts 
 of the case — have been discussed, and their effect in determining the 
 force of the decision as a precedent explained. It remains to take up 
 the external factors^the conditions under which the decision was pro- 
 nounced and the circumstances under which it is to be used as a prec- 
 edent — and explain the effect of such conditions and circumstances 
 on the weight of the decision. 
 
 § 2. The Necessity of Noticing the Circumstances 
 
 In the course of the discussion which has had for its object the 
 drawing of the extremely important distinction between doctrine and 
 dictum, it has appeared incidentally that there are other distinctions 
 affecting the weight of the propositions for which counsel on one side 
 or the other may be expected to cite a case. As the brief maker's mem- 
 oranda should indicate accurately the weight of the case in so far as 
 the case has bearing upon the object of his investigation, it is necessary 
 for him to take account of these modifying circumstances, and not 
 
 323 
 
§ 2 USE OF DECISIONS AND STATUTES (Part III 
 
 to content himself with ascertaining the doctrine and indicating that 
 certain matter is mere dictum. 
 
 It will be discovered that the circumstances affecting weight are 
 numerous. Indeed, it is impossible to give an exhaustive list. It is 
 necessary to take account of those which are the most important ; and 
 it is necessary also to bear in mind that when the circumstances make 
 a decision extraordinarily weighty they do not prove that it is right or 
 that it will be followed, and that when the circumstances make the 
 decision extraordinarily weak — hardly better than the merest dictum — 
 they do not prove that it is wrong or that it will be ignored. Yet 
 after these limitations have been stated as to the importance of the cir- 
 cumstances now to be enumerated, the fact remains that the circum- 
 stances are a constant subject of comment, must not be ignored, and 
 ought to be represented in the brief maker's notes by some system of 
 concise and clear memoranda. 
 
 § 3. Thoroughness of Consideration 
 
 In discussing dicta, it probably became clear that their lack of great 
 weight- — even their occasional lack of great persuasive authority — al- 
 though due theoretically to their somewhat extrajudicial character, is 
 also justified from a purely practical point of view by the customary 
 absence of careful deliberation in uttering them. Similarly, lack of 
 thorough consideration will reduce — even destroy — the weight of the 
 very ratio decidendi. 
 
 There are numerous circumstances indicating lack of thorough con- 
 sideration, the effect of which on the value of the decision is in some 
 instances so obvious that no especial comment is necessary. For in- 
 stance, there may have been no argument or a very inadequate argu- 
 ment, of the case. The case may have been merely an amicable suit, 
 and hence decided without thorough contention and deliberation. Of 
 like nature are decisions in ex parte proceedings. So, too, the case 
 may be of a political nature, or in some other manner may appeal to the 
 court's prejudices, thus rendering it possible to contend that the deci- 
 sion is not the result of thorough and unbiased consideration. 
 
 Again, the court may deal with a certain point in question slight- 
 ingly, on the ground that the decision can be based easily on another 
 point, in which case the force of the decision as to the first point is 
 materially weakened. Or the opinion may ignore the point altogether, 
 so that, as has already been explained, it is difficult to say that the 
 point is really part of the doctrine in the mind of the court. 
 
 § 4. Same — Cases of First Impression 
 
 Another circumstance that is regarded as affecting the weight of a 
 decision is the fact that it was rendered in a case of first impression ; 
 that is, a case presenting an entirely novel question of law. The opin- 
 ion of the court in such a case is not ranked so high in the scale of 
 authority as one which is supported by concurring decisions in the same 
 
 324 
 
Ch. XXIII) CIRCUMSTANCES AFFECTING WEIGHT OF DECISION § 5 
 
 or Other jurisdictions; but the decision, through no fault of counsel 
 or judges, is open to the criticism that perhaps not all the possible 
 consequences of the doctrine were discovered. Its weight must depend 
 upon the exactness of the court's reasoning and upon the correctness 
 of the analogies which it brings to bear in support of the conclusion, 
 and which in the absence of direct authorities are the chief arguments 
 which can be adduced. 
 
 § 5. Same — Failure to Cite Authorities 
 
 Since the great mass of cases now before the courts are not cases 
 of wholly first impression, but call only for the application of the 
 established rules of law to particular states of fact, the character and 
 applicability of the authorities cited in an opinion is a point to be con- 
 sidered in judging of its value as a precedent. A well-reasoned opin- 
 ion is like a strong wall ; but a well-reasoned opinion supported by the 
 citation of well-considered and applicable authorities is like a strong 
 wall made more firm by the support of buttresses. On the other hand, 
 if the opinion shows that the court relied on the authority of decisions 
 which are found to be ill-considered, obsolete, discredited, or over- 
 ruled, its decision loses force in proportion as it depended upon such 
 unreliable sources. 
 
 It is true that if a particular decision is opposed to the preponder- 
 ance of authority in other jurisdictions, and consciously so, it may be 
 respected for the vigor of its reasoning, and might be influential in 
 bringing about a change of opinion ; but if it is rendered without ref- 
 erence to the existence of a large body of opposing authorities, and 
 without anything to show that the court was even aware of their exist- 
 ence, it is entitled to little or no respect. 
 
 A striking example of this ignoring of other authorities is to be 
 found in the decision in Northern Assurance Co. v. Grand View Build- 
 ing Ass'n, 183 U. S. 308, 22 Sup. Ct. 133, 46 L. Ed. 213, which in- 
 volved a question of waiver of a condition of an insurance policy. In 
 this case a majority of the court adopted a rule which is absolutely 
 contrary to that laid down in 28 states and in some decisions of the 
 Supreme Court. Mr. Justice Shiras, who wrote the opinion, cites 
 some early English cases, cases from Massachusetts, where the pre- 
 vailing doctrine is denied, from New Jersey, where the doctrine is 
 denied in the law courts, and from Connecticut, and a few other states. 
 These latter cases are, however, not in point. Early cases from New 
 York are cited, but the court admits that they have been overrulerl. 
 The principal reliance is placed upon an early case in the United States 
 Supreme Court in which it is very apparent that other elements deter- 
 mined the decision, a case, moreover, the doctrine of which has since 
 been modified. Later cases are not referred to. Naturally, since the 
 decision of this case, a large number of courts in which the same ques- 
 tion has arisen have refused to follow it. 
 
 .325 
 
§ 6 USE OF DECISIONS AND STATUTES (Part III 
 
 § 6. Effect of Dissent 
 
 The consideration of a case, however thorough, may not have been 
 sufficient to carry conviction to the minds of even the court making 
 the decision ; and thus the weight of the ratio decidendi is lessened by 
 a dissent. An opinion concurred in by the whole bench is naturally 
 of higher rank and value than one from which one or more of the 
 judges dissent. Indeed, in other jurisdictions the value of an opinion 
 depends very largely on the number of judges who dissent, on their 
 personal reputation for learning and ability, and on the force or char- 
 acter of the dissenting opinion as compared with that of the majority. 
 It will often happen that a dissenting opinion is so well-reasoned, so 
 well sustained by authority, and so much more in harmony with the 
 spirit and reason of the law as to destroy almost wholly the value of 
 the majority opinion as a precedent. 
 
 As illustrating this, reference may be made to the case of Hooper 
 V. California, 155 U. S. 648, 15 Sup. Ct. 207, 39 L. Ed. 297, in which 
 the dissenting opinion of Mr. Justice Harlan is really entitled to more 
 weight than the opinion of the court, as the court, in order to hold as 
 it did, assumed the existence of facts that did not appear in the case. 
 
 § 7. Decision by Divided Court 
 
 When the judges of an appellate court are equally divided in opinion 
 as to the disposition to be made of a case, the judgment of the court 
 below will be affirmed, on the theory that as one who prosecutes an 
 appeal has the burden of satisfying the appellate court that the inferior 
 court rendered an erroneous judgment, unless he induces a majority 
 of the judges to hold this view, he has not made out his case. Such 
 a judgment of affirmance is, of course, binding on the parties to the 
 particular litigation ; but the decision is not regarded as settling the 
 question of law involved so that it may be cited or relied on as a prec- 
 edent. There are numerous cases laying down this doctrine, as, for 
 instance, Morse v. Goold, 11 N. Y. 281, 62 Am. Dec. 103, Hanifen 
 V. Armitage (C. C.) 117 Fed. 845, and State v. McClung, 47 Fla. 224, 
 37 South. 51. In South Carolina, however, the Constitution provides 
 that "in all cases decided by the Supreme Court concurrence of three 
 of the justices shall be necessary for a reversal of the judgment be- 
 low; but if the four justices equally divide in opinion the judgment 
 below shall be affirmed. * * * " It was held in City of Florence 
 V. Berry, 62 S. C. 469, 40 S. E. 871, that in view of this provision of 
 the Constitution a judgment of affirmance by a divided court must be 
 regarded as binding authority in all subsequent similar cases, until it is 
 overruled by competent authority. 
 
 § 8. Defective Reports 
 
 As what is authoritative is merely Vi-hat the court did and said, and 
 not at all what the reporter may say that the court did and said, and 
 as this is true even though the reporter be — as in most jurisdictions he 
 
 326 
 
Ch. XXIII) CIRCUMSTANCES AFFECTING WEIGHT OF DECISION § 10 
 
 now is — a public official, it follows that the authority of a reported case 
 is overthrown or modified by any circumstance which shows the report 
 to be inaccurate or substantially incomplete. 
 
 Objections based on defects in the reports are not often raised in 
 connection with American decisions, for the simple reason that under 
 the American system of reporting defective reports are comparatively 
 few.^ In some instances, however, there may be evidence of defective 
 reporting, in that the syllabus is so unsatisfactory as to show that the 
 reporter did not understand the case he was attempting to report, and 
 hence that his statement of the facts and pleadings and procedure, or 
 indeed any other item of his work, may be wrong. Similarly, the state- 
 ment of the case may be so scanty or confused or inaccurate that it is 
 impossible to ascertain what question actually went to the court. 
 
 So far as English reports are concerned, it may be found that the 
 opinion is so condensed as to be unsatisfactory (a condition that seldom 
 arises in the United States, where opinions are usually written and re- 
 ported in full), or the case may be reported with substantial differences 
 in several reports or periodicals. This is a difficulty often encountered 
 with early English cases, partly for the reason that some early volumes 
 were unauthorized publications of hurried notes taken in court and 
 never revised. This last difficulty is, of course, practically nonexistent 
 with American cases. 
 
 § 9. Later Authorities in Same Jurisdiction 
 
 Even though the doctrine of the case can be clearly ascertained 
 and the case is free from any of the adverse criticisms heretofore 
 stated, the case may have become of little or no authority by reason of 
 later decisions in the same jurisdiction. The most obvious example of 
 this is where the decision of a lower or intermediate court is reversed 
 by a higher court. Another example is where a decision, though ren- 
 dered by a court of last resort, is reversed or modified on rehearing. 
 But the most interesting phase of this question is presented by those 
 instances where a court has expressly or impliedly overruled its own 
 decision. 
 
 § 10. Same — Power of Court to Overrule Its Own Decisions 
 
 There is an interesting difficulty, and not a mere verbal puzzle, in- 
 volved in the two apparently inconsistent theories which our system 
 of law holds as to the binding effect of judicial precedent. On the one 
 hand, the doctrine of the decision is deemed of imperative authority, 
 binding this court and subordinate courts also. On the other hand, 
 the court can overrule its own decisions, distinctly refusing to apply 
 
 1 In regard to the accuracy of the English reports, see, also, Chapter IV, §§ 
 3 and 6. 
 
 327 
 
§ 10 USB OF DECISIONS AND STATUTES (Part III 
 
 the principle of former decisions to new cases ; and it is conceded to 
 be the duty of the court to overrule its old decisions in case those deci- 
 sions can be clearly shown to be unjust, inconvenient, or inharmonious 
 with the more general principles and analogies of law. 
 
 It is certainly possible to argue that the recognition of the propriety 
 of a court's overruling its own decisions places those decisions upon the 
 plane of merely persuasive authority, and causes our theory of judicial 
 precedent to be substantially like the theory held, upon the continent of 
 Europe. Yet in truth the two theories are different, and the two prac- 
 tices as to this matter are also different. Doubtless, as continental ju- 
 rists concede a certain respect, though no binding force, to judicial prec- 
 edents, and as our lawyers concede the propriety of overruling de- 
 cisions of imperative authority, there is a verbal similarity between the 
 two points of view. In reality the continental jurists emphasize the 
 importance of deciding each case as if it were a new one, rather than 
 the propriety of following the example of earlier decisions ; whereas 
 our lawyers emphasize the importance of respecting precedents, rather 
 than the possibility of hewing out a new path. The difference in em- 
 phasis marks a vital difference in both theory and practice. 
 
 As has been said in a previous part of this discussion, the vast mul- 
 tiplication of reports on the continent of Europe and in countries using 
 our own system of law is apparently bringing the practices as to the 
 use of authorities into somewhat the same condition, continental judges 
 finding, especially when overburdened, that the decisions of other judg- 
 es are a great source of enlightenment, and our own judges, over- 
 whelmed by discordant decisions from many jurisdictions, finding that 
 it is sometimes easier and more satisfactory to choose a path dictated 
 by theory ; but the approximation remains slight, and it would be a mis- 
 take to infer that there is any substantial change in the theories of the 
 lawyers devoted to either one of the great modern systems. Notwith- 
 standing the occasional decision confessedly refusing to follow the 
 decisions of other jurisdictions, and the occasional decision overruling 
 the doctrine of the very court, the theory requiring precedents to be re- 
 spected — frequently called the "rule of stare decisis" — continues to be 
 one of the distinguishing marks of our system of law. 
 
 § 11. Same — Decision Overruled Expressly 
 
 Even though the decision itself may stand forever in the very litiga- 
 tion, the doctrine of the decision may have been frankly overruled in 
 some other litigation in the same court or in some court of higher 
 jurisdiction, in accordance with the power which a court of higher ju- 
 risdiction must always have, lest it be actually controlled by courts of 
 lower jurisdiction, and in accordance with the power whereby the very 
 court, even under the theory of stare decisis, can refuse to be guided 
 by its own decisions, as has been explained already. 
 
 328 
 
Ch. XXIII) CIECCMSTANCBS AFFECTING WEIGHT OF DECISION § 16 
 
 § 12. Same — Decision Overruled by Implication 
 
 Although the decision may not have been overruled frankly, there 
 may have been a decision that overruled it silently ; and then there 
 arises a question whether the later inconsistent decision must be dis- 
 credited as a mistake or must be accepted as an overthrow of the 
 earlier doctrine. 
 
 § 13. Same — Decision Limited or Distinguished 
 
 It may be that the decision is not expressly or impliedly overruled; 
 but a court capable of overruling it may have refused to apply it to a 
 later case coming within its doctrine, taking some distinction which 
 confines the doctrine of the earlier case within very narrow limits, and 
 which, likely enough, foreshadows ultimate overruling. This is, in- 
 deed, the most frequent mode of correcting what is conceived by the 
 court to be an error — a mode pursued naturally enough, since it some- 
 what conceals the rather embarrassing allegation of error, and easily 
 quiets the mind as to the possible conflict between the power of over- 
 ruling and the rule of stare decisis. 
 
 § 14. Same — Decision Disapproved 
 
 Though the decision may not have been overruled, or even distin- 
 guished, it may have been expressly disapproved by the same court or 
 by some higher court. As mere disapproval cannot occur except in a 
 case not directly involving the doctrine disapproved — for otherwise the 
 disapproval would pass into overruling, or at least into distinguishing — 
 it follows that mere disapproval is in effect mere dictum, and can have 
 only persuasive authority, and not imperative authority; but the ex- 
 press disapproval may be a strong indication that, when the point is 
 squarely raised, the decision criticised will be overruled. 
 
 § 15. Decision Ignored 
 
 Even when it is not possible to point out any decision that affects 
 the point in question in any one of the ways enumerated, it sometimes 
 happens that the profession has grown to ignore the old decision as 
 wrong or obsolete ; and though this does not happen often, when it does 
 happen, the old decision is very likely not to be followed in case the 
 point is squarely raised again. This is one of the instances in which 
 lawyers rather mystically, though soundly, say that a decision is "not 
 law." 
 
 § 16. Isolated or Connected Decisions 
 
 A single decision may, of course, constitute a precedent which the 
 courts will positively refuse to overturn. It may have settled a rule 
 of law so elementary and so universally regarded as just that the ques- 
 tion has not again been brought into contention in the courts. On the 
 other hand, the fact that a given case has not been cited or followed 
 
 329 
 
§ 16 USE OF DECISIONS AND STATUTES (Part III 
 
 tends to show, unless it is a recent decision, that it has not been re- 
 garded as good authority. Where a decision rests upon an unsound 
 basis or an erroneous application of principles, the courts will be much 
 more willing to overrule it than to disturb a connecting line of cases 
 holding the same views. 
 
 Conversely, the case in question may be one of a series, extending to 
 the present time, applying the doctrine in instances where it is part of 
 the ratio decidendi, approving it by dicta in other instances, and even 
 extending it to cases which seem to be outside its original scope. When 
 this happens, the doctrine is impregnable — and more than impregnable, 
 for it is an active and conquering force. 
 
 § 17. Comments Based on the Jurisdiction of the Court 
 
 The power of a court to create a precedent of imperative authority, 
 besides being limited to the very question arising in the course of ac- 
 tual litigation, is subject to other limitations. As a lower court cannot 
 bind a higher, there is what may be termed a horizontal limit ; and as 
 a court cannot establish law for regions outside the geographical bound- 
 aries of its jurisdiction, there is also a vertical limit. In other words, 
 although the doctrine of a case has received full consideration, is easily 
 ascertainable from a report that is above criticism, and has not been 
 weakened in any respect, the case may be of defective authority be- 
 cause of circumstances relating to the court's jurisdiction. 
 
 § 18. Same — As Between Superior and Inferior Courts 
 
 The ratio decidendi of a decision in a court not of last resort, though 
 of imperative authority in that court and courts of lower rank in the 
 same state or jurisdiction — until reversed or overruled — is of merely 
 persuasive authority in courts of the same rank and in the court of last 
 resort. This point is independent of one sometimes made, to the effect 
 that the decision of a lower court is sometimes rendered without full 
 deliberation, and it is also independent of the suggestion, often inac- 
 curate, that the judges of lower courts are less experienced or less 
 scholarly than judges of courts of last resort. 
 
 The decisions of a court of last resort furnish imperative and binding 
 precedents for the guidance of all courts over which it exercises ap- 
 pellate jurisdiction. Consequently, the decisions of the Supreme Court 
 of the United States are binding on all the inferior United States 
 courts. 
 
 § 19. Same — Decisions of State Courts on Federal Questions 
 
 But even within the state the decisions of a state court of last resort 
 as to questions under the Constitution of the United States, the treaties 
 of the United States, or the statutes of the United States must be 
 treated as the decisions of a subordinate court, for the reason that these 
 questions are within the peculiar jurisdiction of the federal courts. 
 
Ch. XXIII) CIRCUMSTANCES AFFECTING WEIGHT OF DECISION § 21 
 
 § 20. Same — As Between Courts of Different States 
 
 The decisions of a court of last resort of one state have in other 
 states generally only persuasive authority. But if the question at issue 
 is to be governed by the common or statutory law of another state, the 
 decisions of the court of last resort of that state must be accepted as 
 authoritative expositions of such law, and must be followed by the 
 court in which the case is on trial. 
 
 If the question is to be determined according to the law of the forum, 
 decisions made under a similar legal system prevailing in another state 
 may be cited and respected for their reasoning, but are not binding as 
 precedents. 
 
 § 21. Same — As Between Federal and State Courts 
 
 As to matters of state law, the state courts, and not the federal 
 courts, usually have controlling influence. As to such matters, the 
 state courts certainly do not yield to the federal courts — not even to 
 the Supreme Court of the United States. Of course, when the ques- 
 tion in a case arises under the Constitution, laws, or treaties of the 
 United States, the state courts are imperatively bound to follow the 
 decisions of the Supreme Court of the United States. In all other 
 cases, they will ordinarily yield great respect to the determinations of 
 that court, though not absolutely concluded by them. In other words, 
 the decisions of the United States Supreme Court are always per- 
 suasive, and very strongly persuasive, authority, even in those instances 
 where they can have no binding effect upon a state court. 
 
 Though the state courts usually have a controlling influence as to 
 matters of state law, it does not follow that as to such matters the 
 federal courts unhesitatingly follow the state courts. The questions 
 being by hypothesis questions of state law, there is one line of reason- 
 ing to the effect that the federal courts should concede the decisions 
 of the state courts to be of imperative authority. On the other hand, 
 there is a line of reasoning to the effect that when the federal courts 
 have jurisdiction, not by reason of the presence of a federal question, 
 but bv reason of the citizenship of the parties, the federal courts, acting 
 under the Constitution of the United States, assented to by the citizens 
 of the several states, are acting as bodies duly authorized to determine 
 local law, and hence are in effect state courts, having, as there is no ap- 
 peal from them to the ordinary state courts, full power to determine 
 what is the law of the state. 
 
 The practice is, rather illogically, midway between these two theo- 
 ries. The federal courts do follow the state decisions as to the con- 
 struction of the State Constitution and of the state statutes, and also 
 as to property law; but they decline to be bound by state decisions, 
 as to questions of commercial law. This distinction is not easy to jus- 
 tify in theory or to apply in practice, and no one would attempt to pre- 
 
 331 
 
§ 22 USE OF DECISIONS AND STATUTES (Part III 
 
 diet its future ; but at present, by reason of this distinction, the federal 
 courts are tending to develop a general commercial law for the whole 
 country. Besides, the federal courts exercise now and then the in- 
 evitable power of any court to disregard state decisions of any sort in 
 case it seems clear that the state courts have made a mistake as to the 
 state law. 
 
 § 22. Same — Decisions of Commission or Temporary Court 
 
 The decisions of a commission or other temporary court, even though 
 it be for the time a court of last resort, and hence theoretically capable 
 of establishing the law as firmly as can any court whatsoever, are in 
 practice treated as of somewhat less weight than the decisions of per- 
 manent courts exercising the same jurisdiction ; but the force of this 
 comment is much weakened when the commission or other temporary 
 court is known to contain lawyers of unusual skill. 
 
 As an illustration of the way a decision may be affected by the rank 
 of the court it is of interest to observe that in Nebraska it has been 
 held— Flint v. Chaloupka, 72 Neb. 34, 99 N. W. 825, 117 Am. St. 
 Rep. 771 — that an opinion formulated by the Supreme Court Commis- 
 sion, which has been designated "unofficial," is of no value as authority 
 or precedent, and that the doctrine of stare decisis has no application 
 to opinions of this character. It was, however, held in Lancaster Coun- 
 ty V. McDonald, 73 Neb. 453, 103 N. W. 78, that opinions prepared by 
 the Commissioners and published officially are in all respects to be re- 
 garded as the opinions of the court. 
 
 § 23. Same — Decisions of English and Other Foreign Courts 
 
 In this country the decisions of English, Irish, and colonial courts 
 are of simply persuasive authority; and this is true whether the deci- 
 sions be new or old. Even as to decisions before American independ- 
 ence, this statement requires no material qualification, for the only Eng- 
 lish court that had jurisdiction over litigation arising in the American 
 colonies was the Judicial Committee of the Privy Council, and the re- 
 ported decisions of that body in our colonial period are few. 
 
 Yet, though the decisions of the ordinary English courts have never 
 been of imperative authority here, their persuasive authority is very 
 strong; for, in the absence of some peculiar reason, the decisions of 
 those courts, composed, as they always have been, of competent judges, 
 and aided, as they always have been, by thoroughly trained counsel, are 
 high evidence of the doctrines of that law which the colonists brought 
 with them, and which the courts and lawyers of this country are still 
 engaged in applying to new conditions. It should be added that Eng- 
 lish cases commonly have the advantage of being reported concisely, 
 and that many of the English opinions bear the names of judges who 
 are almost as famous here as they are at home. 
 
Ch. XXIII) CIRCUMSTANCES AFFECTING WEIGHT OF DECISION § 24: 
 
 § 24. Conclusion — Caution Against Hypercriticism 
 
 Although both reason and the practice of skilled lawyers have jus- 
 tified and required all that has been said as to ascertaining the doctrine 
 of a case, discriminating between ratio decidendi and dictum, and com- 
 menting upon the circumstances affecting the weight of the decision, 
 there is some danger that the minuteness with which the pitfalls have 
 been pointed out may encourage hypercriticism. It is quite likely that 
 when the reader began to examine this discussion he was disposed to 
 look upon the words of judicial opinions with too slight discrimination, 
 and hence to believe too much; but it is certainly not desirable that 
 he should go to the other extreme, and believe too little. Weak-minded 
 and imaginative persons, upon reading the symptoms described in med- 
 ical books, are said to imagine that the whole world is a mass of 
 disease; and possibly some persons may get similar views from the 
 preceding discussion of symptoms of weakness in judicial opinions. 
 Symptoms, however, do not prove disease, but simply suggest caution. 
 
 There are sound dicta — thousands of them. There are thousands 
 of decisions which are subject to one or another of the comments 
 enumerated, but which, notwithstanding the comments, would be fol- 
 lowed by any court, and rightly. Indeed, if courts were to discard all 
 cases upon which some unfavorable comment can be made, they would 
 have little aid from their predecessors. The lawyer must learn from 
 experience when the comments will be received with attention and 
 when with impatience. Yet the brief maker must nevertheless, in an- 
 ticipation of criticism by opponents or in preparation for criticism of 
 opponents' authorities, prepare memoranda that will enable them to 
 meet or to make all these comments instantly and accurately.^ 
 
 2 Any one desiring to make a thorough and detailed study of the subject of 
 legal precedents will find it worth while to examine Mr. Henry Campbell 
 Black's scholarly work on the "Law of Judicial Precedents," which has just 
 recently been published, and which deals fully with the whole subject. 
 
 333 
 
§ 1 USE OF DECISIONS AND STATUTES (Part III 
 
 CHAPTER XXIV 
 
 CONSTRUCTION OP STATUTES 
 
 § 1. Introduction. 
 
 2. Statutes Treated Differently from Decisions. 
 
 3. Kinds of Statutes. 
 
 4. The Parts of a Statute. 
 
 5. Construction and Interpretation Synonymous. 
 
 6. Object of Construction. 
 
 7. Presumptions. 
 
 8. Two Nontechnical Rules. 
 
 9. Technical Rules of Construction. 
 
 10. Rules Applicable to All Writings. 
 
 11. Same — Ordinary and Technical Words. 
 
 12. Same — Changes in Meaning of Words. 
 
 13. Same — Context. 
 
 14. Same — Application of Rules of Grammar. 
 
 15. Same — Punctuation. 
 
 16. Same — Clerical Errors. 
 
 17. Same — Title and Preamble. 
 
 IS. Same — Resorting to Extraneous Evidence. 
 
 19. Rules Especially Applicable to Written Law. 
 
 20. Same— Validity of Statute. 
 
 21. Same — Statutes in Pari Materia. 
 
 22. Same — Construction in Light of Existing Law. 
 
 23. Same — Strict or Liberal Construction. 
 
 (a) Penal Statutes. 
 
 (b) Remedial Statutes. 
 
 24. Same — Conditions Not within Legislative Intent. 
 
 2.5. The Necessity for Going Beyond the Rules of Construction. 
 
 2tj. Ascertaining Precise Terms of Statute. 
 
 27. Subsequent Legislation. 
 
 28. Construction Already Made. 
 
 29. Same — Judicial Construction. 
 
 (a) Statute Taken from Another State. 
 
 (b) Statutes Common to Several States. 
 
 30. Same — Practical Construction. 
 
 31. Same — Legislative Construction. 
 
 32. English Statutes. 
 
 33. Constitutions and Ordinances. 
 
 § 1. Introduction 
 
 In Chapter VII, in the course of the discussion relating to the ex- 
 amination of statutes as a step to be taken by the brief maker prelim- 
 inary to his search for authorities, certain more or less mechanical 
 methods of arriving at the construction and application of statutes to 
 the case under investigation were explained. In that connection it was 
 also said that there are numerous special rules for the construction 
 of statutes. It is to these rules that the attention of the reader is now 
 directed. 
 
 It must be said, however, by way of introduction, that the interpre- 
 tation and construction of statutes, using that term in a broad sense as 
 including all enactments, whether by direct or indirect legislation, de- 
 pends on rules so numerous and technical that a detailed treatment 
 
 .■!34 
 
Ch. XXIV) CONSTRUCTION OF STATUTES § 2 
 
 of them might well fill several large volumes.^ There are, however, a 
 few elementary and fundamental rules which the brief maker must 
 know and should observe, whenever he is called upon to determine 
 whether the facts of his case are governed by a particular constitutional 
 and statutory provision. 
 
 § 2. Statutes Treated Differently from Decisions 
 
 On passing from decisions to statutes there is a vast change in the 
 point of view, and in the mode of ascertaining the rule of law. This is 
 true whether the word "statutes" be used in that wide sense which 
 includes all written law, or in that narrower sense which is intended 
 throughout the following discussion and which distinguishes statutes 
 from constitutions on the one hand and from ordinances on the other. 
 
 In dealing with decisions it has been found that the very words of 
 the court promulgating the opinion and making the decision do not 
 determine absolutely the rule of law, but that the rule of law is ascer- 
 tained by discovering what general proposition was essential to the re- 
 sult reached, and by using the words of the opinion as a mere aid in the 
 ascertaining of that rule, so that, though opinions are written, the au- 
 thoritative rules derived from them are sometimes not written, but 
 are ascertained by the use of reason, causing case law to be classed as 
 unwritten law — lex non scripta, to use the Latin phrase. Not so with 
 statutes, however, for in dealing with statutory law it will be found that 
 the very words are necessarily to be treated as creating and limiting 
 the rule, wherefore statutes are the great example of the written law — 
 lex scripta. 
 
 There are other less important differences, some of them connected 
 with the one just now emphasized. A decision deals with past events 
 primarily, and it is only incidentally that it affects rights dependent 
 upon future events, whereas a statute primarily looks toward the fu- 
 ture, and it is abnormal — often even unconstitutional — for it to attempt 
 to modify rights based upon past facts. A decision deals only with 
 the case actually before the court, and it is only incidentally that the 
 decision indicates the probable result of some other case, even between 
 the same parties, whereas it is of the essence of a statute that it creates 
 a rule of general application. A decision proceeds upon the theory 
 that it follows a rule already in existence, whereas a statute usually 
 professes to introduce a rule that is new. A decision can usually be 
 predicated by a skillful lawyer, whereas no lawyer can predict what 
 statute will be adopted. A decision is almost invariably made by law- 
 
 1 The scope and character of the present work does not permit of our going 
 into these matters in much detail, yet the subject is of great Importance, not 
 only to the law student, but to the practicing attorney, the legislator, and all 
 others connected with the originating of laws or the administration of justice. 
 To such is recommended Mr. Henry Campbell Black's work on the "Construc- 
 tion and Interpretation of Statutes," of which the second edition was pub- 
 lished in 1911. 
 
 335 
 
§ 3 USB OF DECISIONS AND STATUTES (Part III 
 
 yers, and the accompanying opinion is couched in technical language, 
 whereas a statute is often not the work of a lawyer, and, at any rate, is 
 supposed to be capable of being understood by the average layman. All 
 these differences flow from the fact that the giving of a decision is a 
 judicial act, and the making of a statute is a legislative act — the quasi 
 legislative effect of a decision being indirect, and, as far as possible, 
 concealed by the habitual language of lawyers and judges. 
 
 § 3. Kinds of Statutes 
 
 According to their nature and purpose, statutes (using the term 
 now in a narrow sense, as excluding constitutions and treaties) may be 
 public or private ; declaratory, affirmative, or negative ; preceptive, pro- 
 hibitive, or permissive ; prospective or retrospective ; remedial or penal. 
 A public statute affects the public at large — that is, the people of the 
 whole state or of a particular portion of the state ; while a private stat- 
 ute affects a particular individual, or perhaps a particular association 
 of individuals. A declaratory statute may be one declaratory of the 
 common law, or declaratory of the meaning of an existing statute. A 
 statute is affirmative, if it is expressed in affirmative terms. It is nega- 
 tive, if expressed in negative terms. A statute which is a direct com- 
 mand is preceptive ; if it prohibits certain acts, it is prohibitive ; if it 
 merely allows certain things to be done, without commanding them, it 
 is permissive. A prospective statute regulates the future; a retro- 
 spective statute is one which applies to past events. Remedial statutes 
 are those which are enacted to afford a remedy, or facilitate an existing 
 remedy, or to correct defects, mistakes, and omissions. Penal statutes 
 are those by which punishments are imposed for transgressions of the 
 law, civil as well as criminal. 
 
 § 4. The Parts of a Statute 
 
 A statute of complete form contains a title (briefly indicating its na- 
 ture), a preamble (beginning with "Whereas," and indicating the rea- 
 sons for the statute, and possibly its general effect), and (beginning with 
 "Be it enacted") the body of the statute, otherwise called the "pur- 
 view." To various clauses frequently found in the body of the statute 
 descriptive terms of no great value are sometimes attached by lawyers. 
 Thus the half dozen or more words beginning with "Be it enacted," 
 and ending with "that," are termed the enacting clause. A passage ex- 
 plaining the meaning of words is termed an interpretation clause. Pas- 
 sages beginning "Except," or "Provided," or "Nothing in this act 
 shall," are termed "exceptions," "provisos," or "saving clauses," re- 
 spectively. There may also be included in the body of the statute a re- 
 pealing clause, and a clause fixing the date when the statute takes effect. 
 The word "purview" appears sometimes to be confined to so much 
 of the body of the statute as would be left by omitting the exceptions, 
 provisos, and saving clauses; and as the word is ambiguous, and not 
 very useful at best, a wise course may be not to use it at all. 
 
Ch. XXIV) CONSTRUCTION OP STATUTES § 7 
 
 § 5. Construction and Interpretation Synonymous 
 
 Some authors have attempted to introduce a distinction between 
 "interpretation" and "construction." Etymologically there is, perhaps, 
 such a distinction ; but it has not been accepted by the profession. For 
 practical purposes any such distinction may be ignored, in view of the 
 real object of both interpretation and construction, which is merely to 
 ascertain the meaning and will of the lawmaking body, in order that it 
 may be enforced. 
 
 § 6. Object of Construction 
 
 The object of all interpretation and construction of statutes is to 
 ascertain the meaning and intention of the Legislature, to the end that 
 the same may be enforced. This meaning and intention must be sought 
 first of all in the language of the statute itself. For it must be pre- 
 sumed that the means employed by the Legislature to express its will 
 are adequate to the purpose and do express that will correctly. If the 
 language of the statute is plain and free from ambiguity, and expresses 
 a single, definite, and sensible meaning, that meaning is conclusively 
 presumed to be the meaning which the Legislature intended to convey. 
 In other words, the statute must be interpreted literally. Even though 
 the court should be convinced that some other meaning was really in- 
 tended by the lawmaking power, and even though the literal interpre- 
 tation should defeat the very purposes of the enactment, still the ex- 
 plicit declaration of the Legislature is the law, and the courts must not 
 depart from it. 
 
 If the language of the statute is ambiguous, or lacks precision, or is 
 fairly susceptible of two or more interpretations, the intended meaning 
 of it must be sought by the aid of all pertinent and admissible consid- 
 erations. But here, as before, the object of the search is the meaning 
 and intention of the Legislature, and the court is not at liberty, merely 
 because it has a choice between two constructions, to substitute for the 
 will of the Legislature its own ideas as to the justice, expediency, or 
 policy of the law. Statutes should be so construed, if possible, as to 
 give effect to all of their clauses and provisions; and each statute 
 should receive such a construction as will make it harmonize with the 
 pre-existing body of law. Antagonism between the act to be inter- 
 preted and the previous laws, whether statutory or unwritten, is to be 
 avoided, unless it was clearly the intention of the Legislature that such 
 antagonism should arise. 
 
 § 7. Presumptions 
 
 In construing a doubtful or ambiguous statute, the courts will pre- 
 sume that it was the intention of the Legislature to enact a valid, sen- 
 sible, and just law, and one which should change the prior law no fur- 
 ther than may be necessary to effectuate the specific purpose of the act 
 in question. The construction should be in harmony with this assurnp- 
 Beief Mak.(3d Ed.)— 22 337 
 
§ 7 USE OP DECISIONS AND STATUTES (Part III 
 
 tion, whenever possible. But presumptions of this kind cannot prevail 
 against the clear and explicit terms of the law. And if there is no room 
 for doubt as to the meaning of the Legislature, the courts must take 
 the law as it stands, without any regard to the consequences. 
 
 Among the presumptions, which obtain in the interpretation of stat- 
 utes are the following: That the Legislature does not design any at- 
 tempt to transcend the rightful limits of its authority ; that every act of 
 the Legislature is valid and constitutional, unless the contrary is shown ; 
 that the lawmaking body intended to be consistent and just, and not to 
 require an impossibility, or to work public inconvenience or private 
 hardship ; that the Legislature intended its enactments to accord with 
 the principles of sound public policy and the interests of public morali- 
 ty; that the Legislature intended to impart to its enactments such 
 meaning as would render them operative and effective, and conse- 
 quently, in case of any doubt or obscurity, the construction will be such 
 as to carry out these objects. 
 
 § 8. Two Nontechnical Rules 
 
 In using statutes, there are two nontechnical rules, which, though 
 not often found in the books, are of primary importance: 
 
 First, when a statutory question arises, one should not trust to an 
 inaccurate memory or to a paraphrase, but should examine the very 
 words of the statute. 
 
 Secondly, when a statutory question arises, however well acquainted 
 one may be with the very words of the statute, and with the construc- 
 tions heretofore placed upon them, one should examine the statute 
 anew from the point of view of the new question. 
 
 These two rules are derived from the fact that statutory questions 
 are determined not by legal theory, but by verbal criticism. They are 
 doubtless the rules which were in Chief Justice Coke's mind when, hav- 
 ing been told that his opinion was desired upon a question of law, he 
 said : "If it be common law, I should be ashamed if I could not give you 
 a ready answer ; but, if it be statute law, I should be equally ashamed 
 if I answered you immediately."' 
 
 § 9. Technical Rules of Construction 
 
 Assuming that the investigator has familiarized himself with the 
 very words of the statute, and that he has examined those words in 
 the light of the question in hand, the investigator is face to face with 
 the problem of statutory construction, and finds that in solving this 
 problem he is aided by very numerous technical rules. Some of these 
 rules are applicable almost equally well to all written instruments ; the 
 others being especially applicable to the written law. All the rules pur- 
 port to be based upon two principles : First, that what is to be ascer- 
 tained is the intent of the framers of the words; and, secondly, that, 
 this intent is to be gathered from the words themselves. 
 
 ^ story. Miscellaneous Writings, 449. 
 
 338 
 
Ch. XXIV) CONSTRUCTION OF STATUTES § 13 
 
 § 10. Rules Applicable to All Writings 
 
 As said above, many of the rules applied in the construction of stat- 
 utes are rules that govern the interpretation of all writings. The more 
 important of these rules are explained in the following sections. 
 
 § 11. Same — Ordinary and Technical Words 
 
 The words of a statute are to be construed with reference to its sub- 
 ject-matter. If they are susceptible of several meanings, that one is to 
 be adopted which best accords with the subject to which the statute re- 
 lates. The words of a statute are to be taken in their ordinary and, 
 popular meaning, unless they are technical terms or words of art, in 
 which case they are to be understood in their technical sense. For 
 example, "larceny" and "tuberculosis" mean, respectively, larceny as 
 defined by law, and tuberculosis as defined by medicine, while "vehicle" 
 means what an ordinary man would term a vehicle. Dictionaries, of 
 course, are accepted aids in determining the meaning of words. But 
 popular words ma:y bear a technical meaning, and technical words may 
 have a popular signification, and they should be so construed when 
 that is the evident intention of the Legislature, or when it is necessary 
 in order to make the statute operative. 
 
 § 12. Same — Changes in Meaning of Words 
 
 Words that have changed in meaning since the framing of the in- 
 strument are to be construed as they were understood at that time, 
 for otherwise the construction would alter as time passes. This is an 
 explanation of the decision in Dartmouth College v. Woodward, 17 U, 
 S. (4 Wheat.) 518, 4 L. Ed. 629, where a charter of a private corpora- 
 tion was held to be protected from the interference of t-he Legislature 
 of a state by reason of the clause in the Constitution of the United 
 States which provides that no state shall pass any law impairing the 
 obhgation of contracts; for though by legal analysis and definition, 
 as now understood, a corporate charter is not a contract, for the reason 
 that it is a grant, and not a promise, nevertheless, as it is an agreement, 
 it probably fell within the definition of a contract according to the 
 nomenclature of the lawyers of the time of the framing of the Consti- 
 tution. 
 
 § 13. Same — Context 
 
 Words are to be construed in connection with the context, and the 
 entire statute is to be read as one complete instrument. This is a mere 
 outgrowth of the fact that a word standing by itself can hardly be said 
 to have any meaning at all, and that at any rate the surrounding words 
 are absolutely essential to the proper understanding of it. 
 
 In the construction of a statute, in order to determine the true inten- 
 tion of the Legislature, the particular clauses and phrases should not 
 be studied as detached and isolated expressions; but the whole and 
 every part of the statute must be considered in fixing the meaning 
 
 339 
 
§ 13 USB OF DECISIONS AND STATUTES (Part III 
 
 of any of its parts. Sections, clauses, and provisions of a statute, as 
 well as the particular words and phrases employed, are not to be con- 
 sidered in themselves alone, and construed as if isolated from the rest ; 
 but they are to be interpreted with reference to the language surround- 
 ing and accompanying them — the context — and if there is any am- 
 biguity or doubt as to their intended meaning, the context must be con- 
 sulted as a means of removing the obscurity. 
 
 Associated words explain and limit each other. When a word used 
 in a statute is ambiguous or vague, its meaning may be made clear and 
 specific by considering the company in which it is found and the mean- 
 ing of the terms which are associated with it. 
 
 All words are to receive force, if possible, and only extreme neces- 
 sity authorizes treating words as surplusage. This is a result of the 
 natural and respectful view that the person framing the statute used 
 no more words than he deemed necessary to express his meaning. 3 
 
 Moreover, words are to be so construed as to attain sense and not 
 nonsense, justice and not injustice, convenience and not inconvenience. 
 
 § 14. Same — Application of Rules of Grammar 
 
 It is a general rule of statutory construction that, where general^ 
 words follow an enumeration of persons or things by words of a par- 
 ticular and specific meaning, such general words are not to be con- 
 strued in their widest extent, but are to be held as applying only to 
 persons or things of the same general kind or class as those specifically 
 mentioned. But this rule must be discarded where the legislative inten- 
 tion is plain to the contrary. Words in a statute importing the plural 
 number may be made applicable to single persons or things, and vice 
 versa, and words importing the masculine gender may include females, 
 whenever, in either case, such a construction is in accord with the evi- 
 dent meaning and purpose of the Legislature. 
 
 Primarily, a statute is to be interpreted according to the ordinary 
 meaning of its words and the proper grammatical effect of their ar- 
 rangement in the act. But if there is any ambiguity, or if there is room 
 for more than one interpretation, the rules of grammar will be disre- 
 garded, where a too strict adherence to them would raise a repugnance 
 or absurdity or would defeat the purpose of the Legislature. 
 
 Grammatical and rhetorical inaccuracies are to be ignored, if the 
 sense is clear. To this end, for example, "and" may be read "or," 
 and "or" may be read "and." 
 
 § 15. Same — Punctuation 
 
 As an aid to the sense, the investigator may appeal to punctuation. 
 An impression to the contrary has been supported by saying that early 
 English statutes were not punctuated, and that pending bills are read 
 aloud, and that hence the punctuation, if any, does not influence legis- 
 lators. Yet to-day bills are punctuated, and, though they are read 
 
 i" Hurtado V. California, 110 U. S. 516, i Sup. Ct. 292, 28 L. Ed. 232 (1883), 
 
 340 
 
Ch. XXIV) CONSTRUCTION OP STATUTES § 18 
 
 aloud, the printed copy is what the legislators actually depend upon, 
 not to mention that punctuation inevitably affects the emphasis and 
 intonation of a person reading aloud. 
 
 The punctuation marks in the published copies of an act are not al- 
 lowed to control, enlarge, or restrict the plain and evident meaning 
 of the L,egislature as disclosed by the language employed. If there 
 is no doubt as to the meaning of the Legislature, other than such as is 
 created by the defective or erroneous punctuation of the statute, the 
 courts will disregard the punctuation marks and read the statute as if 
 correctly punctuated. If the statute is equally open to two construc- 
 tions, and there is nothing to show which of them was intended by the 
 Legislature, except the punctuation, and if the punctuation would sup- 
 port one of such constructions, but would be inconsistent with the other, 
 the punctuation will govern. 
 
 § 16. Same — Clerical Errors 
 
 Clerical errors or misprints, which, if uncorrected, would render the 
 statute unmeaning or nonsensical, or would defeat or impair its in- 
 tended operation, will not vitiate the act. They will be corrected by the 
 court, and the statute read as amended, provided the true reading is 
 obvious and the real meaning of the Legislature is apparent on the face 
 of the whole enactment. 
 
 § 17. Same — Title and Preamble 
 
 The words of a statute are to be so construed as to carry out the 
 general purpose of the statute. To this end, the title and the preamble 
 may be used. But the title of a statute cannot control or vary the 
 meaning of the enacting part, if the latter is plain and unambiguous. 
 But if there is doubt or obscurity in the body of the act, the title may 
 be consulted, as a guide to the probable meaning of the Legislature, and 
 should be accorded some weight in the interpretation. Especially is this 
 the case in those states whose constitutions require the subject of the 
 act to be expressed in the title. The preamble to a statute can neither 
 expand nor control the scope and appHcation of the enacting clause, 
 when the latter is clear and explicit. But if the language of the body 
 of the act is obscure or ambiguous, the preamble may be consulted, as 
 an aid in determining the reason of the law and the object of the Legis- 
 lature, and thus arriving at the true construction of the terms em- 
 ployed. 
 
 § 18. Same — Resorting to Extraneous Evidence 
 
 In the interpretation of a statute, if a doubt or uncertainty as to the 
 meaning of the Legislature cannot be removed by a consideration of 
 the act itself and its various parts, recourse may be had to extraneous 
 facts, circumstances, and means of explanation, for the purpose of de- 
 termining the legislative intent ; but those only are admissible which are 
 
 341 
 
§ 18 DSE OF DECISIONS AND STATUTES (Part III 
 
 logically connected with the act in question, or authentic, or inherently 
 entitled to respectful consideration. 
 
 When a resort to extrinsic evidence becomes necessary in the con- 
 struction of a statute, it is proper to consider the facts of contem- 
 porary history, and especially the evil which the statute was designed to 
 correct, and the remedy intended. 
 
 But any use of matters outside the body of the statute must be cau- 
 tious and sparing, for a statute is within the reason of the rule that 
 prohibits contradicting or varying a solemn document by parol evi- 
 dence. 
 
 § 19. Rules Especially Applicable to Written Law 
 
 Like the rules explained in the preceding sections, the rules of con- 
 struction especially applicable to the written law profess to seek the ex- 
 pressed intent of the legislative body ; but it will be found that the rules 
 of this second group sometimes actually defeat that intent. A few of 
 the most important rules of this second group will now be stated. 
 
 § 20. Same — Validity of Statute 
 
 The words of a statute are to be so construed, if possible, as to pre- 
 vent the statute from being declared invalid for unconstitutionaHty 
 or repugnancy. This rule may partially ignore the actual intent of the 
 legislative body, but it certainly does aid part of that intent, for the in- 
 tent certainly was, among other things, that the statute should have 
 some effect. 
 
 A retrospective law is one which looks backward or contemplates the 
 past — one which is made to affect acts or transactions occurring before 
 it came into effect, or rights already accrued, and which imparts to them 
 characteristics, or ascribes to them effects, which were not inherent in 
 their nature in the contemplation of the law as it stood at the time of 
 their occurrence. Except in the case of remedial statutes and those 
 which relate to procedure in the courts, it is a general rule that acts of 
 the Legislature will not be so construed as to make them operate retro- 
 spectively, unless the Legislature has explicitly declared its intention 
 that they should so operate, or unless such intention appears by neces- 
 sary implications from the nature and words of the act so clearly as to 
 leave no room for a reasonable doubt on the subject. When the effect 
 of giving to a statute a retrospective construction would be to make it 
 destroy or impair vested rights, or impose new penalties, forfeitures, 
 liabilities, or disabilities, such construction will be avoided, and' the 
 statute will be held to apply to future acts and cases only, provided 
 that this can be done by any reasonable interpretation of the language 
 used by the Legislature. 
 
 As will be pointed out in a subsequent section, remedial statutes are 
 to be liberally construed ; and if a retrospective interpretation will pro- 
 mote the ends of justice and further the design of the Legislature in 
 
 342 
 
Ch. XXIV) CONSTRUCTION OF STATUTES § 23 
 
 enacting them, or make them appHcable to cases which are within the 
 reason and spirit of the enactment, though not within its direct words, 
 they should receive such a construction, provided it is not inconsistent 
 with the language employed. 
 
 § 21. Same — Statutes in Pari Materia 
 
 Statutes in pari materia are to be construed together. Each legis- 
 lative act is to be interpreted with reference to other acts relating to 
 the same matter or subject. Similarly the words of one of a series of 
 statutes will be construed as if that statute and its predecessors in the 
 series constituted but one statute. 
 
 § 22. Same — Construction in Light of Existing Law 
 
 Generally, the words of the statute are to be construed in the light 
 of the pre-existing law. The reason for this rule is simply that the 
 pre-existing law was part of the atmosphere that surrounded and sug- 
 gested the new statute, and the new statute cannot be thoroughly under- 
 stood if isolated from its cause. To quote the words of Chief Justice 
 Coke, the prior law is "the very lock and key to set open the windows 
 of the statute.'" 
 
 Since the English common law, in so far as it is applicable to this 
 country and has not been abrogated or changed by constitutional or 
 statutory enactments, is in force in the several American states, stat- 
 utes are to be read in the light of the common law and construed with 
 reference thereto. It is, however, a rule generally observed, unless pro- 
 hibited by statute, that acts of the Legislature made in derogation of 
 the common law will not be extended by construction ; that is to say, the 
 Legislature will not be presumed to intend innovations upon the com- 
 mon law. 
 
 § 23. Same — Strict or Liberal Construction 
 
 Strict construction of a statute is that which refuses to expand the 
 law by implications or equitable considerations, but confines its op- 
 eration to cases which are clearly within the letter of the statute, as 
 well as within its spirit or reason, not so as to defeat the manifest pur- 
 pose of the Legislature, but so as to resolve all reasonable doubts 
 against the applicability of the statute to the particular case. 
 
 Liberal construction, on the other hand, expands the meaning of the 
 statute to embrace cases which are clearly within the spirit or reason 
 of the law, or within the evil which it was designed to remedy, pro- 
 vided such an interpretation is not inconsistent with the language used. 
 It resolves all reasonable doubts in favor of the applicability of the 
 statute to the particular case. 
 
 (a) Penal Statutes 
 
 The general rule is that penal statutes are to be construed strictly. 
 By the word "penal" in this connection is meant not only such statutes 
 as in terms impose a fine, or corporal punishment, or forfeiture as a 
 
 »2 Co. In.<it. 308. 
 
 343 
 
§ 23 USE OF DECISIONS AND STATUTES (Part III 
 
 consequence of violating laws, but also all acts which impose by way 
 of punishment damages beyond compensation for the benefit of the 
 injured party, or which impose any special burden, or take away or 
 impair any privilege or right. Familiar examples are usury laws, civil 
 damage laws, statutes giving double or treble damages, imposing lia- 
 bility on stockholders, etc. 
 
 This rule is dictated by a humane spirit, rather than by an attempt 
 to ascertain legislative intent ; but it is theoretically turned into a rule 
 of intent by the assumption that the rule is known to the legislative 
 body, and that consequently the words of the penal statute were meant 
 to be construed thus. 
 
 (b) Remedial Statutes 
 
 On the other hand, remedial statutes are to be construed liberally. 
 This rule is so applied as to extend the statute beyond its actual lan- 
 guage to cases within its reason and general intent. 
 
 In this class of statutes are to be included those which supply de- 
 fects or abridge superfluities in the common law, or which are designed 
 to remedy defects in the pre-existing body of statute law. Acts which 
 tend to simplify procedure are also classed as remedial statutes. Stat- 
 utes of limitation are statutes of repose, and remedial in their nature, 
 and consequently their purpose should not be defeated by undue strict- 
 ness of construction. 
 
 § 24. Same — Conditions Not within Legislative Intent 
 
 Even when the words of the statute are unambiguous and har- 
 monize well with the declared intent of the statute, they are to be 
 construed as not applying to a state of facts within their apparent 
 meaning, in case the court be convinced, by a sort of judicial notice, 
 that the facts do not come within the actual legislative intent. This 
 seems to be a necessary doctrine, for surely there should be judicial 
 power to declare that the saloon keeper whose saloon doors have been 
 opened by an earthquake is not liable to the penalties which a statute 
 may provide, without qualification, for any saloon keeper whose saloon 
 is on the Sabbath found to be open. 
 
 Clearly, however, it is a perplexing doctrine, as is sufficiently shown 
 by the diversity of decisions upon the criminal responsibility of morally 
 innocent persons who sell diseased meat, and the like, and are prose- 
 cuted under statutes which provide fine or imprisonment as the con- 
 sequence of the sale of such an article, and which fail to take into ac- 
 count possible innocence — a natural diversity of decisions, since on 
 the one side lies the general assumption that morally innocent persons 
 are not to be punished criminally, and on the other side lies the obvious 
 fact that what the Legislature may well wish is to prevent the sale of 
 deleterious food by taking steps which will remove from the public 
 the necessity of proving knowledge, and will place upon the seller the 
 strongest possible motive for using extraordinary care. 
 
 344 
 
Ch. XXIV) CONSTRUCTION OF STATUTES § 25 
 
 In the Supreme Court of the United States the case of Church of 
 the Holy Trinity v. United States, 143 U. S. 457, 12 Sup. Ct. 511, 36 L, 
 Ed. 226, has afforded an interesting instance of the exercise of the 
 judicial power to go behind the expressed intent of the Legislature, and 
 to restrain clear language by what is taken to have been the actual in- 
 tent. The question was whether employing a pastor for a church was 
 prohibited by a statute which made it "unlawful for any person, com- 
 pany, partnership, or corporation, in any manner whatsoever * * * 
 to * * * encourage the importation or migration of any alien 
 * * * under contract * * * to perform labor or service of any 
 kind." The court decided that the statute did not apply to the importa- 
 tion of a clergyman, for, though it was conceded that the relation of a 
 rector to his church is one of service, and implies labor, and that the 
 . statute guarded against narrow interpretation by saying "labor or 
 service of any kind," and by excepting, in one of the sections, actors, 
 artists, lecturers, singers, and domestic servants. Brewer, J., for the 
 court, said: 
 
 "We cannot think Congress intended to denounce with penalties 
 a transaction like that in the present case. * * * No purpose of 
 action against religion can be imputed to any legislation, state or na- 
 tional, because this is a religious people. * * * Shall it be believed 
 that a Congress of the United States intended to make it a misdemeanor 
 for a church of this country to contract for the services of a Christian 
 minister residing in another nation? Suppose in the Congress that 
 passed this act some member had offered a bill which in terms declared 
 that * * * such contract should be adjudged unlawful and void, 
 and the church making it be subject to prosecution and punishment; 
 can it be believed that it would have received a minute of approving 
 thought or a single vote ?" 
 
 The decision proceeded also upon the ground that the title of the 
 act spoke only of agreements "to perform labor," and thus suggested 
 manual labor only, and upon the ground that the evil to be remedied 
 was notoriously the importation of unskilled laborers, and upon the 
 ground that this was shown by the petitions and testimony laid before 
 Congress, and by the report of one of the committees recommending 
 the passage of the bill ; but the chief ground upon which the decision 
 proceeded was the peculiarly important one just now discussed. 
 
 § 25. The Necessity for Going Beyond the Rules of Construction 
 Even if the enumeration of rules of construction were complete, as 
 it certainly is not, it would be necessary to caution the investigator 
 that mere rules of construction, however skilfully applied, cannot tell 
 all that it is necessary to know about a statute's effect and weight. The 
 more important additional topics for examination will now be discussed. 
 
 345 
 
§ 26 USE OF DECISIONS AND STATUTES (Part III 
 
 § 26. Ascertaining Precise Terms of Statute 
 
 In Chapter VII, in discussing the examination of statutes, reference 
 was made to the necessity for ascertaining the precise terms of the stat- 
 ute. It will do no harm to call attention again to the more general 
 rules to be observed. 
 
 It is not always advisable to assume the precise accuracy of the terms 
 of the statute as given even in an official publication. When a revision 
 has not been adopted as a statute, it is well to examine the session laws 
 in order to ascertain the exact terms, including in some cases the punc- 
 tuation. So, too, in important cases it may be well to check the session 
 laws by examining the legislative records. Even when a revision has 
 been adopted as a statute, it may be well to go back to the session laws^ 
 and the legislative records, and then to discuss whether changes found 
 in the revision were intended to make a change in the law ; and in this 
 investigation it may be useful to examine the drafts and annotations 
 and repoj-ts prepared by the commissioners who made the revision. 
 
 § 27. Subsequent Legislation 
 
 Although the terms of the statute are ascertained, and the statute 
 cannot be attacked on the ground of original invalidity, subsequent leg- 
 islation may have affected it fatally, or at least substantially. 
 
 (1) A state statute may have been superseded by a statute of the 
 United States. This is a very intricate problem discussed in works on 
 Constitutional Law. 
 
 (2) The statute may have been expressly repealed. This is an easy 
 matter to ascertain, as in every jurisdiction there are probably lists of 
 repealed statutes in an appendix to each volume of the session laws, 
 or in some other readily accessible place. 
 
 (3) The statute may have been repealed by implication. This is a 
 point not usually covered by lists of repealed statutes. The doctrine 
 of repeal by implication is difficult to apply, and is not favored by the 
 courts. 
 
 (4) The statute may have been amended. Amendments are not diffi- 
 cult to discover, as they are commonly listed in the same place as ex- 
 press repeals. 
 
 An original act and an amendment to it should be read and construed 
 as one act. An amendatory statute is to be confined, in its scope and 
 operation, to the limits of the act to which it is an amendment, unless 
 the intention of the Legislature to give it a wider field of operation is 
 manifest. Where an amendment is made by declaring that the original 
 statute "shall be amended so as to read as follows," retaining part of 
 the original statute and incorporating therein new provisions, the efifect 
 is not to repeal, and then re-enact, the part retained; but such part 
 remains in force as from the time of the original enactment, while the 
 new provisions become operative at the time the amendatory act goes 
 into effect, and all such portions of the original statute as are omitted 
 
 " Conger v. Barker's Adm'r, 11 Ohio St. 1 (1800) ; In re Hlnton's Estate 64 Ohio 9t 485 
 ■CO N. E. 621 (1901). 
 
 346 
 
Ch. XXIV) CONSTRUCTION OF STATUTES § 29 
 
 from the amendatory act are abrogated thereby, and are thereafter no 
 part of the statute. 
 
 § 28. Construction Already Made 
 
 It may be found on investigation that the proper construction 
 of the statute is not wholly an open question, for the reason that con- 
 structions have already been made by the courts or by the persons 
 whose duty it is to enforce the statute. Let us consider briefly this 
 phase of the subject. 
 
 § 29. Same — Judicial Construction 
 
 The statute may have been already construed by decisions in the 
 courts of the jurisdiction in which the statute is in force. Such deci- 
 sions, within the rules explained above in the discussion of the use of 
 decisions, are of either imperative or persuasive authority; and, if of 
 imperative authority, they become, in effect, part of the statute itself 
 and thereafter preclude inconsistent constructions, with the limitation 
 that such decisions, like all decisions, are capable of being overruled. 
 The judicial constructions of some statutes have been so numerous as to, 
 have become at least as important as the statutes themselves. This is 
 true of the statute of frauds. 
 
 Now and then judicial construction is carried on in such a hostile 
 spirit that statutes are in effect abrogated or at least amended. Thus 
 by judicial action the statute of limitations was practically amended 
 through the creation of the doctrine of nfew promises. 
 
 It should be added, as indicated by what has already been devel- 
 oped in discussing decisions, that the construction placed upon federal 
 statutes by the federal courts is binding upon the state courts, and that 
 the construction placed upon a state statute by the court of last resort 
 of that state is followed in the federal courts, unless it be obviously 
 wrong, and that on a question of property even an obviously wrong 
 construction by the state court would be likely to be followed in case 
 it could be said to have become a settled local rule." 
 
 (a) Statute Taken from Another State 
 
 If the statute was copied froin a statute already in force in another 
 jurisdiction, it is understood to have been adopted with the construc- 
 tion which the courts of that jurisdiction had already attached to it. 
 It should not be inferred, however, that subsequent decisions in that 
 jurisdiction are of any greater influence than decisions in any other ju- 
 risdiction.' 
 
 (b) Statutes Common to Several States 
 
 When a statute has been adopted by a number of states which are 
 attempting to establish, as to some matters, at least, a uniform system 
 of law, the decisions of any one of these states as to the construction 
 of the common statute cannot avoid being treated with unusual atten- 
 
 " Williams v. Kirkland, 13 Wall. 306, 20 L. Ed. 683 (1871) ; Burgess v. Seligman, 107 U. S, 
 20, 2 Sup. Ct. 10, 27 L. Ed. 359 (1882). 
 ' Cathcart V. Robinson, 5 Pet. 264, 8 L. Ed. 120 (1831). 
 
 347 
 
§ 30 USB OF DECISIONS AND STATUTES (Part 111 
 
 tion; for the initial uniformity would easily be overthrown by dis- 
 cordant constructions. At present this line of thought is especially ap- 
 plicable to the negotiable instruments law, already adopted in many of 
 the states. 
 
 § 30. Same — Practical Construction 
 
 When the meaning of a statute is doubtful, a practical construction 
 put upon it at the time of its passage, or soon afterwards, and univer- 
 sally acquiesced in for a long period of time, as shown by a general 
 usage, will be entitled to great weight, and will be accepted as the true 
 construction, unless there are cogent reasons to the contrary. A prac- 
 tical construction put upon a doubtful or ambiguous statute by the 
 officers of the executive department, who are charged with its execu- 
 tion, if long acted upon and generally acquiesced in, is regarded as 
 strong evidence of the true meaning of the law ; and though it is not 
 binding upon the courts, they will not interpret the law differently, un- 
 less there are weighty reasons for so doing. 
 
 § 31. Same — Legislative Construction 
 
 A construction put upon a statute by the Legislature itself, by a sub- 
 sequent act or resolution, cannot control the judgment of the courts; 
 but it is entitled to weight and consideration in case of doubt or ob- 
 scurity. In aid of the interpretation of an ambiguous statute, or one 
 which is susceptible of several different constructions, it is proper for 
 the courts to study the history of the bill in its progress through the 
 Legislature, by examining the legislative journals. Opinions of indi- 
 vidual members of the Legislature which passed a statute, expressed 
 by them in debate or otherwise, as to the meaning, scope, or effect of 
 the act, cannot be accepted by the courts as authority on the question 
 of its interpretation, and, if received at all, are entitled to but little 
 weight. 
 
 § 32. English Statutes 
 
 As the discussion of statutes has been intended to cover only topics 
 of practical importance, matters of purely theoretical or antiquarian 
 interest have been omitted. Hence nothing has been said upon the 
 extent to which English statutes adopted before American independ- 
 ence were once in force in the American colonies, and are now, unless 
 repealed, in force in the states. Upon this topic there is difference of 
 opinion, but in each state the matter is probably thoroughly settled by 
 statute or by judicial decision.' 
 
 § 33. Constitutions and Ordinances 
 
 The preceding discussion as to statutes has been directed chiefly 
 toward statutes, strictly so called, as distinguished from constitutions 
 and ordinances. Yet the greater part of the discussion is applicable 
 to those other kinds of written law. 
 
 A constitution is not to be interpreted on narrow and technical prin- 
 
 ' Pierson V. Lane, 60 Iowa, 60, 14 N. W. 90 (1882). 
 
 348 
 
Ch. XXIV) CONSTRUCTION OP STATUTES § 33 
 
 ciples, but liberally and on broad general lines, in order that it may 
 accomplish the objects of its establishment and carry out the great 
 principles of government. It is therefore a cardinal rule in the inter- 
 pretation of a constitution that the instrument must be so construed as 
 to give effect to the intention of the people who adopted it. This in- 
 tention is to be sought in the instrument itself, and the apparent mean- 
 ing of the words employed is to be taken as expressing this intention, 
 unless such an assumption would lead to absurdity, ambiguity, or con- 
 tradiction. In case of ambiguity the whole constitution is to be exam- 
 ined, in order to determine the meaning of any part, and the con- 
 struction is to be such as to give effect to the entire instrument, and not 
 to raise any conflict between its parts which can be avoided. 
 
 The words employed are to be taken in their natural and popular 
 sense, unless they are technical, legal terms, in which case they are to 
 be taken in their technical signification. If, however, the ambiguity 
 cannot be cleared up by consideration of the constitution itself, then, 
 in order to determine its meaning and purpose, resort may be had to 
 extraneous facts, such as the prior state of the law, the evil to be 
 remedied, the circumstances of contemporary history, or the discus- 
 sions of the constitutional convention. So, too, the contemporary con- 
 struction of the constitution, especially if universally adopted, and also 
 its practical construction, if acquiesced in for a long period of time, are 
 valuable aids in determining its meaning and intention in case of doubt. 
 Such aids must, however, be resorted to with caution and reserve, and 
 should never be allowed to abrogate, contradict, enlarge, or restrict the 
 plain and obvious meaning of the text. 
 
 The principle of stare decisis, to which reference has already been 
 made in treating of decisions, applies with special force to the con- 
 struction of constitutions, and an interpretation once deliberately put 
 on the provisions of such an instrument should not be departed from 
 without grave reasons. 
 
 349* 
 
Part IV 
 THE TRIAL BRIEF 
 
 By EDSON R. SUNDERLAND 
 
 PROFESSOR OF LAW, UNIVERSITY OF MICHIGAN 
 
 Brief Mak.(3d Ed.) 351 ■ 
 
PART IV 
 
 THE TRIAL BRIEF 
 
 By Edson R. Sunderi<and 
 Professor of Law, University of MicMgan 
 
 CHAPTER XXV 
 
 THE TRIAL BRIEF 
 
 1. Introduction. 
 '2 
 
 The Theory of the Case. 
 
 3. The Provisional Hypothesis. 
 
 4. Choice of a Theory. 
 
 5. Theory of Defendant. 
 
 6. Theory of the Case as Modified by Adversary's Theory. 
 
 7. The Trial Brief. 
 
 8. Form and Contents of Trial Brief. 
 
 9. Same — Abstract of the Pleadings. 
 
 10. Same — Statement of Facts to be Proved. 
 
 11. Same — Brief of the Evidence. 
 
 12. Same — Facts to be Proved by Adversary. 
 
 13. Same— The Law of the Case. 
 
 (a) Briefing Statutes. 
 
 (b) Briefing the Case Law. 
 
 (c) Instructions for the Jury. 
 
 14. Use of the Trial Brief. 
 
 § 1. Introduction 
 
 The object of the preceding chapters is to show the brief maker 
 where to find the material for his brief, how to find it, and how to 
 select out of the mass of material found that which will be suitable for 
 his use. 
 
 The purpose of this search for and selection of material is to make 
 a proper presentation to the court of the controversy in relation to 
 which a final adjudication is desired. Hence it is necessary now that 
 we should point out the way the material collected should be used to 
 the best advantage. 
 
 It is obvious that there are two uses to which this material may be 
 put. It may be used on the trial of the action, and again on the hear- 
 ing of an appeal from the judgment of the trial court, if such appeal 
 is taken. A discussion of the methods of handling the material for 
 the presentation of the case on appeal will be found in the succeeding 
 lesson. The purpose of this lesson is to outline a course of investiga- 
 tion suitable to the preparation of a case for trial, and to suggest meth- 
 ods of making the material collected during the search for authorities 
 readily available. As these lessons are not intended to teach trial prac- 
 Bbief Mak.(3d Ed.)— 23 353 
 
§ 2 THE TRIAL BRIEF (Part IV 
 
 tice, an extended discussion of the general subject of "Preparation for 
 Trial" would manifestly be out of place. There are, however, certain 
 phases of the subject that may properly be touched upon because of 
 their intimate relation to the subject of the lessons — ^brief-making and 
 the use of law books. Preliminary work is often done to little pur- 
 pose, for the reason that the results are not systematically worked out 
 and embodied in a convenient and easily accessible form, where they 
 can be turned to at a moment's notice as the necessity arises in the 
 course of the trial. In other words, too little attention is frequently giv- 
 en to the preparation of a comprehensive and well-arranged trial brief. 
 
 § 2. The Theory of the Case 
 
 The first aim in the search for authorities is the ascertainment of a 
 proper theory of the case. The theory of the case has been defined 
 as "a comprehensive and orderly mental arrangement of principles and 
 facts, conceived and constructed for the purpose of securing a judg- 
 ment or decree of a court in favor of a litigant.'" Another writer 
 defines it as the particular line of reasoning of either party to a suit, 
 which aims to bring together certain facts of the case in a certain order 
 or logical sequence, and to correlate them in such a manner as to 
 produce in the mind a definite result or conclusion, which the advocate 
 believes entitles him to the judgment or decree of the court, in view 
 of the application to such result or conclusion of certain principles of 
 law. 2 The theory thus constructed lies at the foundation of the case. 
 Not only must the pleadings be drawn in accordance therewith ; but if 
 the trial is to be conducted in a logical, orderly, and forceful manner, 
 productive of the best results, the introduction of evidence, the request 
 for instructions, and the argument to the court must follow the theory 
 and be governed by it.» 
 
 The importance of a well-defined theory of the case does not end 
 with the trial court. The theory on which the case is tried in the lower 
 court must be adhered to on appeal.* Thus, if the theory of the case on 
 the trial is that a contract is vaHd, the party cannot on appeal assert its 
 illegality.6 So, if the action is in tort, the plaintiff cannot on appeal 
 base his right to recover on contract. This principle does not, of 
 course, prohibit the adoption of a new line of argument or authorities. 
 Within the scope of the theory of the case, a party may bring to his 
 aid all arguments and authorities he may command. The rule simply 
 prohibits the taking of a new general position or the presentation of a 
 new and independent issue. 
 
 § 3. The Provisional Hypothesis 
 
 In seeking a sound theory, the first step must consist in the formula- 
 tion of a provisional hypothesis as a guide in the search for authorities. 
 The hypothesis thus provisionally adopted may or may not prove to be 
 
 1 Elliott, General Practice, vol. 1, § 93. 2 Hobbins, American Advocacy n T 
 
 a Terre Haute & I. R. Co. v. HcCorkle, 140 Ind. 613, 40 N. B. 62. 
 
 « Lesser Cotton Co. v. St. Louis. I. M. & S. Ry. Co., 114 Fed. 133, 52 C. C. A. 95. 
 
 ' Russell V. Rosenbaum, 24 NeB. 769, 40 N. W. 287. 
 
 ° Lockwood V. Quackenbusb, 83 N. Y. 607 ; Salisbury v. Howe, 87 N. Y. 128. 
 
 354 
 
Ch. XXV) THE TRIAL BRIEF § 4 
 
 the final theory of the case. Of necessity, it must at first be only an 
 hypothesis — a guess. It merely gives a definite direction to the search 
 for authorities. A thorough investigation may show that it is wholly 
 false. But even in such a case it may lead to a real solution of the 
 problem, and enable the investigator to formulate the true theory of the 
 case. That is to say, a comprehensive study pursued along the line of 
 a false hypothesis may lead to a line of authorities pointing out the 
 real principle by which the case is governed. Of course, in many in- 
 stances, the working hypothesis will, on investigation, prove to be cor- 
 rect, and thus become the theory of the case. 
 
 The formulation of a provisional hypothesis, to be of value, requires 
 a careful and discriminating analysis of the facts and the law. Al- 
 though provisional, it must be thorough; for carelessly and hastily 
 drawn conclusions lead only to distorted views. The more carefully 
 this provisional hypothesis is searched for and tested, the more cer- 
 tainly will the investigation of the case along the lines indicated by such 
 hypothesis lead to the theory sought. 
 
 § 4. Choice of a Theory 
 
 The problem presented by the statement of facts may, sometimes, be 
 capable of solution on more than one theory. The most familiar ex- 
 amples are the cases in which the party may have a remedy both at 
 law and in equity, and those cases under the facts of which the party 
 may sue on contract or in tort. In the first class of cases the question 
 of submission to a jury, or the character of the relief desired, or the 
 personal responsibility of the defendant, may be controlling in the se- 
 lection of the theory. A choice between tort and contract is frequently 
 to be determined by the question of proof ; that is to say, that theory 
 should be adopted under which it is most easy to prove the case. 
 
 Sometimes a fact essential under one theory cannot be proved, 
 whereas under the other theory all the essential facts can be established. 
 For example, suppose the plaintiff purchases a tract of land from de- 
 fendant at a price of $100 per acre. On the representation that there 
 are 100 acres in the tract he pays defendant $10,000. It is subsequently 
 discovered that there are only 90 acres in the tract. The plaintiff's 
 attorney brings his action for fraud. He is unable to recover, because 
 he cannot prove the fraudulent intent of the vendor; whereas, if he 
 had brought his action on the contract, he might have recovered on the 
 ground that money paid for land in excess of the real quantity, on rep- 
 resentations made by the vendor which were untrue, though not fraud- 
 ulent, may be recovered back.' Here the theory of the case was wrong, 
 because of lack of facts to sustain it. 
 
 Again, where the action might be in tort or contract, the choice of a 
 theory may be determined by the fact that the period within which the 
 cause of action on contract would be barred differs from the period 
 within which an action in tort, arising out of the same facts, would be 
 
 ■ Salisbury V. Howe, 87 N. Y. 128. 
 
 855 
 
§ 4 THE TRIAL BEIEP (Part IV 
 
 barred. So, too, the rules as to amount of the damages recoverable 
 may be decisive of the question, or one may choose a theory which will 
 enable him to join several different counts in the same declaration, or 
 complications in regard to parties may determine one whether to sue 
 in tort or contract. 
 
 Most commonly, however, there is really no choice, and among a 
 number of apparent theories only one is legally tenable. Many a case 
 is lost which might have been won, had the suit been brought on a 
 different theory. The difficulty in such cases consists in a misappre- 
 hension of the rules of law, in a misunderstanding of the facts, or in a 
 misapplication of legal principles. These three sources of danger 
 must be avoided. A mistake in any one will produce an unsound the- 
 ory, upon which no recovery can be had. Thus, if one wished to sue 
 for personal injuries suffered by a brakeman in a railroad collision, he 
 might lose his case under the fellow servant rule if he proceeded on the 
 theory that the negligence of the engineer caused the injury; whereas 
 he might recover on the tlieory that the accident happened by reason 
 of a dangerous combination of tracks, switches, or other elements 
 which made an unsafe place in which to work. Or he might be forced 
 to admit the engineer's negligence as the immediate cause of the col- 
 lision, but might, perhaps, escape the fellow servant rule by adopting 
 the theory that the railroad company negligently employed an incompe- 
 tent man in that position. It is frequently a difficult thing to deter- 
 mine what particular breach of duty on defendant's part caused an 
 injury, and a case which would be lost on a theory involving one breach 
 of duty might be won on a theory based upon another. 
 
 The books are full of cases where a party has gone into equity only 
 to find that he has mistaken the true theory of his case and must 
 sue at law. An action is often brought on the theory of a quasi con- 
 tract which should have been brought on the theory that the contract 
 was express or implied, and vice versa. The statute of frauds may fre- 
 quently be avoided by a little ingenuity in selecting a theory. Illustra- 
 tions of the importance of this problem of developing a proper theory 
 upon which to sue might be indefinitely extended. Upon the lawyer's 
 success in solving it will very often depend the success or failure of 
 the case. 
 
 In those jurisdictions where the practice of setting up the same, 
 cause of action in different counts is permitted, it is often prudent to 
 prepare for trial on more than one theory, if the attorney is in doubt 
 as to the precise rule of law applicable to the case, or as to what the 
 evidence will disclose. In such cases each theory must be embodied 
 in a separate count, and must be worked out in the same way and 
 with the same care as if there were no other. At the trial the attorney 
 can thus avail himself of whatever one of several legal principles may 
 appeal to the judge as the true rule in the case, or of whatever state 
 of facts may be brought out in the evidence. 
 
 356 
 
Ch. XXV) THE TRIAL BRIEF § 7 
 
 § 5. Theory of Defendant 
 
 What has been said regarding the theory of the case, though ap- 
 parently referring to the plaintiff's case alone, is in large part equally 
 applicable to the defense. That is to say, the attorney for the defense 
 should work out his theory of the case along similar lines, by a care- 
 ful analysis of the facts and an investigation of authorities, for the 
 purpose of discovering the principles controlling the facts. A logical, 
 consistent, and sound theory is as important to a successful defense 
 as it is to the plaintiff's case. 
 
 § 6. Theory of the Case as Modified by Adversary's Theory 
 
 In order that his client's case should be fully safeguarded, the at- 
 •torney should, in formulating his theory of the case, take into careful 
 ! consideration the theory of his adversary as disclosed in the pleadings. 
 If the theory is not discoverable there, he should, from his own stand- 
 point, try to discover on what possible theory his adversary may rely, 
 and prepare to meet it. If his search for the law has been properly 
 pursued with the view of exhausting the authorities, he has probably 
 discovered a number of cases adverse to his theory. A study of these 
 authorities will doubtless disclose to him the possible answers to his 
 theory. In other words, the attorney should prepare the law of his 
 opponent's case as well as his own, thus qualifying himself to meet 
 the counter attack of his adversary and to defend his own position. 
 This study of his opponent's theory will also show him wherein his 
 own theory of the case is weak, thus enabling him to modify it in order 
 to meet and overcome that of his opponent. 
 
 § 7. The Trial Brief 
 
 The results of his thorough and careful study of the facts and law 
 should be embodied in a trial brief. Such a document, though in use 
 to some extent, is by no means common. Generally the only brief in 
 use is the brief on appeal, which is prepared for the use of the appel- 
 late court. Any abstract or memorandum intended as a guide in the 
 trial of the case may be called a "brief." In England the solicitor pre- 
 pares a "brief" for the use of the barrister; but this brief is only 
 an abstract of the pleadings and facts to inform the barrister what the 
 case is, and does not in any way deal with the law of the case. The 
 trial brief, with which this and the following sections are concerned, 
 partakes somewhat of the nature of both the English brief and the 
 American brief on appeal. It is intended for the guidance of the at- 
 torney at the trial, however, and not primarily to assist the court, 
 though it is sometimes handed to the trial judge at the conclusion of the 
 argument, when questions of law are reserved. 
 
 The importance of the trial brief can hardly be overestimated. The 
 proper preparation of the brief means a thorough study and analysis 
 
 357 
 
§ 8 THE TRIAL BRIEF (Part IV 
 
 of the facts, a careful and exhaustive search for authorities, which 
 must in turn be thoroughly analyzed, compared, and weighed to deter- 
 mine their value, and, finally, an arrangement of the facts and the law 
 in logical order, corresponding to the theory of the case. To the young 
 lawyer this sort of preparation for trial is invaluable, insuring, as it 
 does, a thorough preparation difficult to obtain otherwise. In the 
 larger offices, where one member of the firm does the court work, 
 while other members or the clerks in the office prepare the cases for 
 trial, the trial brief is almost indispensable. 
 
 § 8. Form and Contents of Trial Brief 
 
 The trial brief, since it is for the guidance of the trial attorney, 
 should contain all the information necessary to enable him to properly 
 introduce the evidence in accordance with the issues and the theory 
 of the case and to present the law in support of that theory. It should 
 therefore contain the following elements : (1) An abstract of the plead- 
 ings; (2) a statement of the facts to be proved; (3) a brief of the 
 evidence ; (4) a statement of the facts to be proved by the adversary ; 
 (5) a brief of the law of the case. 
 
 § 9. Same — Abstract of the Pleadings 
 
 The trial attorney must have clearly in mind at all times the exact 
 issues raised by the pleadings. This is essential, not only to the proper 
 introduction of evidence on behalf of his client, but also to prevent the 
 introduction of incompetent evidence by the other party. Consequently 
 it is important that the trial brief should contain an abstract of the 
 pleadings of both plaintifif and defendant. This abstract should be 
 full enough to show clearly the issues in the case. If the pleadings 
 themselves are voluminous, there should be inserted in the abstract ref- 
 erences to the pages, folios, or counts of the pleadings, in order to 
 facilitate reference to the original, should such reference become neces- 
 sary. 
 
 § 10. Same — Statement of Facts to be Proved 
 
 It is important that the trial brief should also contain a statement 
 of the facts which must be proved in order to sustain the cause of ac- 
 tion or the defense. Cases have sometimes been lost because the at- 
 torney has, in his eagerness to reach the disputed facts in the case, 
 overlooked some portion of the formal proof, which was, nevertheless, 
 essential to his case. Thus attorneys have been known to overlook 
 such an essential part of the case as the venue in a criminal prosecu- 
 tion, or have forgotten to prove a demand in cases where a demand is 
 necessary to the right of action. Therefore, to guard against such ac- 
 cidents, the trial brief should contain a schedule of the facts which 
 must be proved, with the names of witnesses by whom proof can be 
 made. 
 
 358 
 
Ch. XXV) THE TEIAL BRIEF § 13 
 
 § 11. Same — Brief of the Evidence 
 
 The brief of the evidence should not be arranged wholly in order 
 of the facts, but, in so far as the oral testimony is concerned, by the 
 names of the witnesses in the order in which they are to be called, with 
 a synopsis of the facts to be testified to by each witness. In preparing 
 the brief, if the synopsis is checked with the statement of facts to be 
 proved, the danger of overlooking any fact necessary to be proved is 
 as nearly as possible eliminated, and, by attention to the details of the 
 proof, the necessity of recalling a witness for the purpose of bringing 
 out some fact that has been overlooked is avoided. 
 
 If part of the proof is documentary, the nature of the document 
 and the facts for which it is proof should be included in the brief of 
 evidence, as far as possible in connection with the evidence of the 
 witness who is to identify or prove the document. If the documents 
 themselves are arranged in the same order, their introduction in evi- 
 dence is facilitated. 
 
 It may be that the attorney can anticipate that certain objections will 
 be raised to the admission of some of the evidence. If such is the 
 case, he should prepare himself on the law relating thereto, and, in 
 connection with the evidence itself, abstract and cite the authorities 
 on which he relies to oppose or obviate the objection. If for any rea- 
 son, such as the length of the abstract or the number of citations, it 
 does not seem advisable to insert such matter in the brief of evidence, 
 it can be briefed on a subsequent page, with proper reference to the 
 place where it can be found. 
 
 § 12. Same — Facts to be Proved by Adversary 
 
 Reference has been made to the necessity of preparing the adver- 
 sary's case. To the extent that the attorney may be able to anticipate 
 the adversary's theory, he should also include in the trial brief a state- 
 ment of the facts necessary to sustain that theory. In so far, too, as 
 he can anticipate his adversary's evidence and mode of proof, he should 
 formulate his objections to the proof and prepare the law to sustain 
 such objections. 
 
 § 13. Same — The Law of the Case 
 
 To be of real value, the trial brief must cover both the facts and 
 the law of the case. The two are interdependent. Facts alone are 
 meaningless. Legal principles alone are without significance. It is 
 only when the two are properly brought together that rights and lia- 
 bilities can be determined. Hence the trial brief, while it may, per- 
 haps, be less exhaustive as a presentation of legal argument than the 
 brief on appeal, must nevertheless contain a full reference to the au- 
 thorities upon which the theory of the case and all its incidents depend. 
 It should contain in itself a sufficient statement of the law, as well as 
 
 359 
 
§ 13 THE TRIAL BEIBF (Part IV 
 
 of the facts, to fully sustain every contention which the attorney may 
 find it necessary to make in connection with every phase of his case. 
 
 (a) Briefing Statutes 
 
 If it is determined that the case is governed or in any way affected 
 by a statute or a provision of the constitution, such statute or provision 
 should be set out in the trial brief. If too long to be quoted in full, 
 those portions which are of chief importance should be literally tran- 
 scribed and the other portions abstracted. Usually so much depends 
 upon the exact wording of a constitutional or statutory enactment that 
 it is unsafe to rely to any great extent upon abstracts or condensations. 
 There should be appended to the quotation or abstract full references 
 to all important cases in which the provision has been construed, so 
 that the trial brief may show on its face the exact meaning and scope 
 which the courts have assigned to it. 
 
 (b) Briefing the Case Law 
 
 In cases which turn largely upon issues of fact, and in which no 
 difficult questions of law are involved, this feature of the trial brief 
 will be comparatively simple. But many cases are complicated by legal 
 principles which are themselves in a state of doubt and confusion, or 
 by facts which give rise to many serious perplexities as to the rules of 
 law properly applicable thereto. Whenever such legal questions are 
 involved, the trial brief should cover them clearly and comprehensively. 
 Each proposition of law involved should be concisely set out, followed 
 by citations of cases supporting it, with abstracts of the more impor- 
 tant decisions, sufficiently full to show their scope and application. 
 Such abstracts should be carefully prepared, and should be strictly hon- 
 est, uncolored by the personal views or prejudices of the attorney. 
 Words of comment may be added to indicate points of special strength 
 or weakness in the decision, but such comment should form no part of 
 the abstract of the case. 
 
 It is often a matter of seme difficulty to determine to what extent 
 the citation and abstracting of cases should be carried in the trial brief. 
 An exhaustive search will usually result in the discovery of a large; 
 number of authorities. How many of them should appear in the trial 
 brief? Probably all those which are binding upon the court which 
 tries the case should be cited, and the more important of them ab- , 
 stracted. If there is a dearth of such cases in that jurisdiction, resort 
 must be had to decisions in other jurisdictions; those being selected 
 which are the best reasoned and which are most nearly parallel to the 
 case at bar. In any event it is better to have too many than too few, and 
 usually, if a case is worth mentioning, it is worth being quoted from 
 or briefly abstracted. Cases not used in the trial brief should, never- 
 theless, be preserved, if of any value, as they may be needed in pre- 
 paring the brief on appeal, should the case be taken up. 
 
 360 
 
[Ch. XXV) THE TRIAL BRIEF § 14 
 
 Cases which are likely to be used as authorities by the other party 
 should also be abstracted, with comments thereon, showing, if possible, 
 wherein they may be distinguished, or pointing out circumstances tend- 
 ing to impair their value, if such can be found. 
 
 (c) Instructions for the Jury 
 
 It is advisable that there be included in the trial brief a draft of 
 such instructions as the attorney believes should be given and which 
 he intends to ask the court to give. He cannot always determine be- 
 forehand all the instructions he may wish to request ; but he can an- 
 ticipate many of them, and his preliminary draft will prove very help- 
 ful when the time comes to present his requests to the court. Such 
 draft should be accompanied by ample references to the authorities 
 upon which the instructions are based, or to such parts of the trial brief 
 as cover the points of law involved in the instructions. 
 
 § 14. Use of the Trial Brief 
 
 Though the most important general purpose served by the trial brief 
 is its use for the guidance of the attorney on the trial of the cause, in 
 the introduction of evidence, and the argument of the questions of 
 law arising during the trial, the brief may be of considerable use after 
 the trial is over. The information it contains may be of great value 
 in the event of a motion for a new trial or a motion in arrest of judg- 
 ment; and if an appeal is taken the existence of a well-prepared trial 
 brief will be found to save an immense amount of labor. As the 
 theory on which the case was tried must be adhered to on appeal, such 
 a brief, supplemented by notes taken on the trial, will bring to hand 
 the larger portion of the material necessary in the preparation of the 
 brief to be filed in the appellate court. 
 
 361* 
 
Part V 
 THE BRIEF ON APPEAL 
 
 By henry S. REDFIELD 
 professor of law, columbia university 
 
 Beief Mak.(3d Ed.) 363 * 
 
PART V 
 
 THE BRIEF ON APPEAi; 
 
 By Henry S. REdfield 
 Professor of Law, Columbia University 
 
 CHAPTER XXVI 
 
 THE BRIEF ON APPEAIi 
 
 § 1. Introduction. 
 
 2. Definition. 
 
 3. Purpose of a Brief. 
 
 4. Necessity for a Brief. 
 
 5. Form and Contents of Brief. 
 
 6. Same— The Title. 
 
 7. Same — Preliminary Statement. 
 
 8. Same^Statement of Facts. 
 
 (a) Essentials of the Statement of Facts. 
 
 (b) Same — Accuracy. 
 
 (c) Same — Clearness. 
 
 (d) Same — Conciseness. 
 
 9. Same — Specification of Errors. 
 
 10. Same — The Argument. 
 
 (a) Scandalous Matter. 
 
 (b) General Form of Argument. 
 
 (c) Subdivision and Subordination of Points. 
 
 (d) Citation of Authorities. 
 
 (e) Discussion of Authorities. 
 
 (f) Same — Adversary's Authorities. 
 
 (g) Use of Text-Books. 
 
 Ch) Verbosity to be Avoided. 
 
 11. Typography. 
 
 12. Sample Brief. 
 
 § 1. Introduction 
 
 The principal object of the preceding chapters has been to instruct 
 the reader in the sources of, and the methods of gathering and select- 
 ing, the material necessary to a proper presentation to the appellate 
 court of the controversy in relation to which a final adjudication is de- 
 sired. The material thus gathered and selected must now be embodied 
 in a Brief on Appeal. The cause has been heard in the trial court, a 
 decision has been made, and that decision has by proper steps been 
 brought before the appellate court to be reviewed. To that end the 
 appellate court must be informed as to the nature of the controversy, 
 the facts out of which it arose, the decision of the trial court, the 
 grounds on which a review is asked and the reasons why the decision 
 should be reversed. This information is given to the court in the Brief* 
 on Appeal. 
 
 Beief Mak.(3d Ed.) 365 
 
§ 2 THE BRIEF ON APPBAIi (Part V 
 
 § 2. Definition 
 
 In American appellate practice a brief is a document, prepared by 
 counsel as a basis for oral argument of a cause in an appellate court, 
 containing a statement of the manner in which the questions in contro- 
 versy upon the appeal arise; of the facts of the case so far as they 
 relate to these questions ; a specification on the part of the plaintiff in 
 error or appellant of the errors alleged to have been committed by the 
 court below, upon which reversal is asked for; and a brief of the argu- 
 ment, consisting of the propositions of law or fact to be maintained, 
 the reasons upon which they are based, and citation of authorities in 
 their support. In most jurisdictions it is required that the brief shall 
 be printed. 
 
 A document bearing the same name, and of the same general char- 
 acter — excepting, of course, the specification of errors — is also used in 
 American practice in courts of first instance, on arguments of con- 
 tested motions, demurrers, and in other proceedings of a like nature. 
 
 No instrument of this character is in use in England. The procedure 
 of the House of Lords and Judicial Committee requires printed cases to 
 be deposited, but these are no clear guide to the points upon which 
 counsel will rely, are in narrative form, and do not cite authorities ; ^ 
 and the document which is known as a brief in the English practice is 
 not one which is used upon appeal, but is prepared by the solicitor for 
 each party prior to the trial of the action, is delivered to the barrister 
 for his instruction at the trial or hearing, and contains a short abstract 
 of the pleadings, a clear and concise statement of the case, and a prop- 
 er arrangement of the proofs, with the names of the witnesses." 
 
 § 3. Purpose of a Brief 
 
 As indicated by what has been said above, the purpose of the brief 
 on appeal is to call the attention of the appellate court to the merits 
 of the controversy and the vital questions at issue, together with the 
 reasons why the adjudication should be in favor of this or that liti- 
 gant. 
 
 That court, having no prior knowledge of the case, should, by a 
 properly constructed brief, be fully informed as to the points at issue 
 between the parties, and the facts and law relating to those points. The 
 brief should be so prepared as to minimize the labor of the court in 
 the examination of the record upon which the appeal is heard and de- 
 termined ; it should enable the court clearly to understand the conten- 
 tion of counsel ; and care and honesty should be exercised in the cita- 
 tion of authorities with the aim of rendering the greatest possible as- 
 sistance to the court in its efforts to ascertain the rule or rules which 
 should control its decision. Courtesy to the court demands that this 
 information should be conveyed in the clearest, most concise manner 
 possible. Self-interest, or the interest of the client, emphasizes and re- 
 inforces this demand. 
 
 1 English Law Reporting by Sir Frederick Pollock, Reports Am. Bar Ass'n, 1903 vol 26 
 p. 370. 
 ' Tidd. Pr. (2d Am. Ed.) p. 773. 
 
 366 
 
Ch. XXVI) THE BRIEF ON APPEAL § 5 
 
 A subsidiary purpose of a brief is to give information to the op- 
 posing counsel. It indicates the limits of the oral argument, and should 
 serve to make the same clear, logical, and helpful to the court.' 
 
 § 4. Necessity for a Brief 
 
 It is, perhaps, conceivable that exceptionally skillful and learned op- 
 posing counsel might, by their oral arguments on appeal, put the court 
 in sufficient possession of the information, which it is the purpose of a 
 brief to furnish, to enable the tribunal to act intelligently, if the action 
 immediately followed the argument; but since the oral argument is 
 only one of the means employed to aid the court in arriving at a correct 
 decision, is sometimes omitted — the case being submitted by counsel on 
 the printed briefs — and is always followed by the deliberation and con- 
 sultation of the members of the appellate court before a decision is an- 
 nounced, it is evident that a brief is necessary for any intelligent under- 
 standing and disposition of the case ; and a document in the nature of 
 a brief, whether designated by that particular name or not, is almost 
 universally required in American practice either by statute or by rules 
 of court. 
 
 The reason and necessity for the requirement apply equally to the 
 appellant, or plaintiff in error, upon whom the obligation rests of con- 
 vincing the appellate tribunal that errors have been committed which 
 call for a reversal of the order or judgment of the court below, and to 
 the respondent, or defendant in error, upon whom devolves the duty of 
 maintaining that the proceedings below were free from reversible 
 errors ; and the statutes or rules of court are generally equally obliga- 
 tory upon both parties. 
 
 Moreover, the requirement, being made for the benefit of the court, 
 cannot be waived by the agreement of parties. ■* 
 
 § 5. Form and Contents of Brief 
 
 The primary object of a brief is then to gi-ve information to the court 
 concerning the merits of the controversy. Experience teaches that the 
 end desired can be best attained by conforming to certain well-defined 
 rules and methods laid down by the courts to govern the form and de- 
 termine the contents of the brief. These rules, it is true, differ, as to 
 details, in different jurisdictions. For the details the reader must re- 
 fer to the rules of court of his particular jurisdiction. 
 
 There are, however, certain essentials of form and contents that 
 are required in most, if not all, jurisdictions. The brief should show 
 the title of the cause, the nature of the controversy, the facts out of 
 which it arose, the grounds on which a review is asked, and the propo- 
 sitions of law and the authorities on which the advocate relies for a 
 decision. 
 
 » Busenbark v. Park, 5 Kan. App. 17, 47 Pac. 324; City of Lincoln v. Street Light Co., 
 59 Fed 756, 758, 8 C. C. A. 253. 
 
 * Disse V. Frank, 52 Mo. B51 ; Woodward v. Hodge, 24 Mo. App. 677 ; State v. Burns, J4 
 Mo. App. 58L 
 
 od7 
 
§ 6 THE BRIEF ON APPEAL (Part V 
 
 § 6. Same— The Title 
 
 The brief should, of course, show the title of the cause and, gen- 
 erally speaking, the names of all the parties and their relation to the 
 appeal. It has, however, been held that the names of parties who de- 
 faulted below need not be named, as they are not interested. And in 
 Levi V. Bray, 12 Ind. App. 9, 39 N. E. 754, it was held that, if the brief 
 is signed by the attorneys for all the appellants, it is immaterial that 
 the title of the cause as stated in the brief does not name all the appel- 
 lants. The name of the court in which the brief is to be used, and 
 the term, should also be stated. 
 
 § 7. Same — Preliminary Statement 
 
 In some jurisdictions there is a requirement that there shall be pre- 
 fixed to the brief of the appellant a concise statement, showing in what 
 court or before what tribunal the action or proceeding was instituted, 
 what relief was sought, the defense interposed, the result in the court 
 or tribunal in which the action or proceeding was commenced, and 
 how the cause was brought into the appellate court. 
 
 This statement need not go into details, but need merely show in a 
 few lines the general nature and history of the proceeding. In some 
 instances this statement is made a part of the statement of facts. It 
 is suggested, however, that it may well be thrown into a "Preliminary 
 Statement." 
 
 § 8. Same — Statement of Facts 
 
 The brief of each party must contain a concise statement of the 
 case, so far as essential to an understanding of the questions presented 
 for determination, with the specific reference to the precise place in 
 the record, or case on appeal, where the points discussed may be found. 
 
 This, of course, does not permit a reprint of the whole record as a 
 brief, nor of any considerable portion thereof, but requires a counsel 
 to make a clear and concise statement of what he claims to be the 
 substance of the record, or of so much thereof as is pertinent and ma- 
 terial to the questions in controversy in the appellate court. The state- 
 ment should contain the substance of the pleadings, when questions 
 arise upon them, and also the leading facts established by the evidence, 
 where questions of fact are to be determined. 
 
 Failure to comply with this requirement is universally reprobated 
 by the courts, but owing to lack of uniformity in the rules, to difference 
 in attitude of different courts — some inclining to a strict, others to a 
 lax, enforcement thereof — and to equitable considerations in particular 
 cases, the penalty for noncompliance varies from a reprimand and 
 warning, or a disallowance of the expense of printing needless and 
 objectionable matter, to an affirmance of the judgment from which 
 the offending party has appealed, or a dismissal of the case. 
 
 It should not be difficult to make a clear statement of the substance 
 
 368 
 
Ch. XXVI) THE BRIEF ON APPEAL § 8 
 
 of the pleadings, when the questions arise upon them, as on appeals 
 involving decisions upon demurrers, upon motions relating to the plead- 
 ings, and the like; but in a majority of cases a discussion of the facts 
 is necessary, and this necessitates, as part of the statement of the 
 case, a statement of the facts of the case, or of such of them as are 
 essential to the determination of the questions presented to the appel- 
 late court for decision. It is to be noticed that it is a statement of facts 
 which is required, not a statement of the evidence by which it is be- 
 lieved the facts are established, although the statement should refer to 
 the place in the record on appeal where the evidence may be found, and 
 it will seldom be necessary or proper to quote any evidence in this 
 portion of the brief. 
 
 It is not easy to overestimate the importance of this statement of 
 facts, or the difficulty involved in its successful preparation ; but the 
 assertion which is sometimes made, that it is the most important por- 
 tion of a brief, and the most difficult to prepare, should not be accepted 
 without qualification. 
 
 (a) Essentials of the Statement of Facts 
 
 The essentials of a good "statement of facts" are accuracy, clear- 
 ness, and conciseness. Not one of these qualities is likely to charac- 
 terize a brief in the absence of the thorough preliminary study which 
 has been enjoined; but if, during the prosecution of the preliminary 
 work, an analysis has been made of the evidence, and of the facts 
 established thereby, and a theory of the case has been adopted, and 
 counsel has a fair command of the English language, there is no good 
 reason why all of them should not be present. 
 
 (b) Same — Accuracy 
 
 It is undoubtedly the well-settled rule that, in the absence of objec- 
 tions by opposing counsel, the statement contained in the brief is pre- 
 sumed to be fair and accurate.' 
 
 Nevertheless, inaccuracy in the statement of facts, whether arising 
 from mistake or from intentional misstatement, inevitably tends to 
 invalidate the conclusions drawn therefrom ; and, irrespective of the 
 ethical considerations which should prevent resort to any such dishon- 
 esty, an intentional misstatement or distortion of the facts is almost 
 certain to be discovered by opposing counsel and brought to the at- 
 tention of the court, with the natural and just result of creating a 
 suspicion of the offending counsel which will surely prejudice his case. 
 
 It is believed that no nl.'stake has been made in considering ac- 
 curacy as the first essential. It is true that the clear conception of the 
 case, which must be the basis of a clear statement thereof, is also nec- 
 essary for accuracy; but it cannot be said that clearness necessitates 
 accuracy. The more complete and clear the counsel's understanding of 
 the case, the better will he be able to discover how a very slight change 
 ill the facts would materially improve his chances of success, and he 
 
 5 See Elliott App. Proc. § 443 ; McBlwaine-Richaras Co. v. Wall, 159 Ind. 657, 65 N. E. 
 753 ; Kelly v. Manutacturiug Co., 20 Minn. 88 (Gil. 74) ; Shanks v. Carroll, 50 Tei. 17, at 
 page -1. 
 
 Bkief Mak.(3d Ed.)— 24 369 
 
§ 8 THE BRIEF ON APPEAL (Part V 
 
 might readily embody that change in his statement without in the least 
 impairing its clearness or cogency. 
 
 (c) Same — Clearness 
 
 To secure clearness requires an orderly and logical plan for the 
 presentation of the facts, a keen apprehension of what facts are ma- 
 terial and of the reasons why others are immaterial, the power of se- 
 lecting and grouping the controlling facts so as to emphasize counsel's 
 theory of the case, a lucidity of style, and a power of condensation. 
 
 It is, of course, much easier to enumerate these requirements than 
 to satisfy them, and it has been truly said that he who can "well state 
 the facts is a man of rare ability" ; but there is no excuse for a coun- 
 sel who has obtained a thorough understanding of the case at bar, even 
 though not a man of rare ability, presenting to the court a statement 
 which has no definite plan, which mingles material and immaterial 
 facts, and which is verbose and discursive. Such a statement shows 
 unmistakably his lack of diligence rather than his lack of ability. 
 
 (d) Same — Conciseness 
 
 With reference to the essential of conciseness a word of caution 
 may not be out of place. It should never be secured at the expense 
 of clearness. Assuming, however, that this latter quality is not sacri- 
 ficed, a carefully condensed statement of facts is the ideal statement. 
 It saves the court time and labor, and is much more likely, than is a 
 diffuse recital, to make a strong and lasting impression, and prove 
 convincing in regard to the soundness of counsel's theory of the case. 
 
 § 9. Same — Specification of Errors 
 
 Whether the case is brought into the appellate court by writ of 
 error, in accordance with the common-law practice, or by appeal, in 
 accordance with the equity practice, the record upon which the case 
 is heard in the appellate court, and which is prepared by the plaintiff 
 in error or appellant, must contain, either in the assignments of error, 
 when the case is brought to the higher court by writ of error, or in 
 the exceptions, when it is carried up by appeal, a full and precise speci- 
 fication of the errors of which the plaintiff in error or appellant com- 
 plains, and on account of which he seeks a reversal of the judgment^ 
 or decision of the lower court. In preparing the assignments of error, 
 or the case and exceptions, all points are naturally specified upon which 
 at the time it seems probable, or even possible, that a claim of error may 
 be successfully urged. 
 
 But upon the further study of the case, and the examination of 
 authorities, made necessary in preparing for the argument on appeal. 
 It often appears wise to abandon some of these points, either because 
 it is certain that they are not tenable, or because they are of such minor 
 importance, and the probability of maintaining them is so slight, that 
 the endeavor to maintain them is likely to prejudice the case, and to 
 
 370 
 
Ch. XXVI) THE BRIEF ON APPEAL § 9 
 
 weaken the force of the argument upon the questions which are de- 
 cisive. 
 
 In order, therefore, that the court and opposing counsel may be in- 
 formed of the points upon which the plaintiff in error or appellant ac- 
 tually intends to rely, it is required that these points, or alleged errors 
 should be clearly and particularly specified in the brief; and, as a 
 rule, only those which are so specified will be considered. 
 
 Supposed errors which are specified in the assignment of errors or 
 exceptions, but not in the brief, will generally be considered as aban- 
 doned. 
 
 But lack of jurisdiction in the lower court will be considered, even 
 though it is not urged in the brief. 
 
 And in some cases it is implied that if a supposed error which ap- 
 pears in the assignment of errors or exceptions, but not in the brief, is 
 brought to the attention of the court on oral argument, the same will 
 be considered. It was held, however, in Dodge v. McMahan, 61 Minn. 
 175, 63 N. W. 487, that this would only be allowed when the respond- 
 ent waived the objection that the specification did not appear in the 
 brief. 
 
 The specification of errors in the brief should set out separately and 
 particularly each error asserted and intended to be urged. 
 
 If error is alleged in the admission or rejection of evidence, the par- 
 ticular evidence should be designated, by quoting the full substance of 
 the evidence admitted or rejected, as required by rule 21 of the Su- 
 preme Court of the United States (3 Sup. Ct. xii), and by similar rules 
 in other jurisdictions, and by a specific reference to the page or folio 
 of the record on appeal where the evidence is to be found. 
 
 And if it is claimed that the verdict or decision rests upon incompe- 
 tent evidence, or that it is fully supported by competent evidence, the 
 precise evidence upon which these respective contentions are based 
 must be clearly pointed out in the manner above indicated; and the 
 same rule applies where it is claimed that the evidence is insufficient 
 to support the verdict or decision, or that the verdict failed to find 
 upon a given issue. 
 
 When objection is urged to the charge of the court, either upon 
 the ground that erroneous instructions were given, or upon the ground 
 that instructions requested were erroneously refused, the instructions in 
 respect to which error is alleged must be set out in the brief in full, 
 and in the very words used on the trial. If the error alleged is in 
 refusing an instruction, the brief should also specifically refer to the 
 evidence in the record which is claimed to justify the same, and, when- 
 ever the decision as to whether or not error has been committed in the 
 charge depends upon a consideration of the evidence, such portion of 
 the evidence as pertains to the question should be specified. 
 
 371 
 
§ 10 THE BRIEF ON APPEAL (Part V 
 
 § 10. Same — The Argument 
 
 A brief containing a clear statement of the case and a proper speci- 
 fication of the errors alleged to have been committed by the lower 
 court would give the appellate court the' information necessary to an 
 intelligent understanding of the precise questions presented for its 
 determination; but there rests upon counsel for the respective parties 
 the further obligation of assisting the court in reaching a correct de- 
 cision, and, to meet this obligation in part, and furnish a basis for the 
 more complete assistance to be rendered by the oral argument, the brief 
 of the party must contain what is usually designated a "brief of the 
 argument," which should consist of the points or propositions of law or 
 fact to be discussed, the reasons urged in support of these points, and, 
 where it is possible, a citation of the authorities relied upon in their, 
 support. And it is a rule usually followed that the propositions stated 
 in the brief, but which are not thus supported by argument, will not 
 be examined, but will be considered waived, although in some cases 
 it is implied, at least, that such propositions may be passed upon if they 
 are urged and supported on the oral argument, even though reasons 
 and authorities to support them do not appear in the brief. It is sub- 
 mitted, however, that this should not be done, except with consent of 
 opposing counsel. 
 
 To entitle a party to have alleged errors considered, he must do 
 more than call attention to them and assert that they are errors. He 
 must state separately the points or propositions which he proposes to 
 maintain, which should indicate wherein each error consists, and must 
 in the brief give reasons to support each proposition. 
 
 The respondent, or defendant in error, must, in like manner, in 
 his brief, not only state clearly and separately each proposition upon 
 which he intends to rely, but also give the reasons upon which it is 
 based; and it is the universal practice to require both parties to sup- 
 port their propositions, as far as possible, by citation of authorities. 
 The authorities should be cited in immediate connection with the pre- 
 cise proposition which they are supposed to sustain. 
 
 (a) Scandalous Matter 
 
 It seems like a reflection upon the profession to be obliged to call 
 attention to the fact that counsel are not allowed, under the pretext of 
 argument, to make this portion of the brief a medium for expressing 
 their feelings or prejudices, by inserting therein criticisms upon the 
 personal character, the professional ability, the conduct or motives, of 
 the trial judge, or charges against the opposing counsel or parties ; but 
 unfortunately the cases cited show the necessity of this warning. 
 
 It is undoubtedly true that it is the province of counsel to determine 
 for themselves, within reasonable bounds, the line of argument to be 
 pursued in the presentation of causes, and of the court to determine 
 whether or not the questions argued are germane to the propositions 
 involved ; " but it is equally true that "briefs should be respectful to the 
 
 ° People V. Parks, 2G Colo. 322, at page 323, 57 Pac. 692. See, also. Stager v. Harrington, 
 21 Kan. 414, at page 418. 
 
 372 
 
Ch. XXVI) THE BRIEF ON APPEAL § 10 
 
 court, the parties, and all persons named in them,'" and the failure to 
 comply with this rule is universally condemned, is often punished 
 by striking the briefs from the files,* and, independently of any direct 
 punishment, will almost inevitably prejudice the case of the counsel 
 who has been guilty of its infraction.' 
 
 (b) General Form of Argument 
 
 The form and contents of that portion of the brief which deals with 
 the law of the case Vvill necessarily vary according to circumstances. If 
 there is to be an oral argument, the brief will probably contain merely 
 an abstract of the argument. On the other hand, if the case is to be 
 submitted on the brief alone, that document should, of course, contain 
 the full argument. In either event there should be prefixed to the argu- 
 ment a statement of the propositions of law on which the advocate 
 relies, in their logical order — the order in which they are to be dis- 
 cussed in the argument that follows. They should be stated clearly, 
 and as concisely as is consistent with clearness. 
 
 (c) Subdivision and Subordination of Points 
 
 The propositions should be taken up in their numerical order and 
 discussed in their relation to the facts. In many instances a proposi- 
 tion will present two or more subordinate propositions, which must be 
 discussed and established to afiiord a foundation for the main proposi- 
 tion. If such is the case, these subordinate propositions should be 
 stated as clearly and concisely as the main proposition, and discussed in 
 their logical order. This division of the argument into main proposi- 
 tions and subordinate propositions will greatly assist the court in under- 
 standing the case and in following the various steps in the argument. 
 The subdivision of the question and its treatment under separate heads 
 should not, however, be carried so far as to destroy the unity and 
 continuity of the argument. Related questions should, as far as pos- 
 sible, be discussed together. The sole purpose of the subordination and 
 co-ordination of propositions should be to make the reasoning more 
 clear and the logic of its progression more obvious. 
 
 (d) Citation of Authorities 
 
 The brief maker should, of course, support his propositions and his 
 argument by the citation of authorities. In presenting the authorities 
 in his brief, these general rules should be observed : 
 
 First. That no case should be cited as directly supporting a proposi- 
 tion unless the decision rendered in the case cited necessarily rests upon 
 that proposition. That it is considered and discussed therein, and an 
 opinion expressed in favor of the soundness of the proposition, is not 
 sufficient to justify its citation as an authority; and it is only when 
 no cases of this decisive character can be found that expressions of 
 opinion or dicta in support of the proposition found in reported cases 
 
 ' Smith v. Bingman, 3 III. App. 65, at page 66 ; Scroggin v. Brown, 14 III. App. 338. 
 
 ' San Diego Water Co. v. San Diego, 117 Cal. 656, 49 Pac. 682 ; Diamond Tunnel Gold & 
 Silver Min. Co v. Faulkner, 17 Colo. 9, 28 Pac. 472. 
 
 » See Confrey v. Stark, 73 111. 187, at page 190 ; Stager v. Harrington, 27 Kan. 414, at 
 page 418- Flannagan v. Elton, 34 Neb. 355, at page 358, 51 N. W. 967; Lau v. Dry Goods 
 CoT. 38 Neb. 215, 56 N. W. 954. 
 
§ 10 THE BRIEF ON APPEAL (Part V 
 
 may properly be used in the brief to re-enforce counsel's reasoning, and 
 it should then be clearly indicated that they are employed solely for 
 that purpose, and not as authorities ; or, as forcibly stated by another, 
 "a citation of a case under a given proposition ought, unless distinctly 
 otherwise stated, to be equivalent to an implied professional certificate 
 that, in the writer's judgment, the case cited is an express authority in 
 support of such proposition." ° 
 
 Second. The law of the jurisdiction in which the case at bar is 
 pending being the question in controversy, the best evidence of that 
 law IS to be found in the cases decided by the courts of that particular 
 jurisdiction. These should be first selected." If they are clear, well- 
 reasoned, and decisive, the selection may well be confined to them, for 
 they will have a binding force not possessed by the decisions of other 
 jurisdictions, although the latter may often be considered as direct au- 
 thorities, owing to the common derivation of a very large portion of 
 our law, and may properly be cited when there are no direct decisions 
 upon the point in the jurisdiction where the case is pending, or when 
 the decisions there rendered were made without that careful considera- 
 tion which is usually necessary to give a case the position of a con- 
 trolling authority. 
 
 If authorities are cited from other jurisdictions, select, when pos- 
 sible, cases decided by the United States Supreme Court, and by those 
 of the state courts of last resort which have an established reputation 
 for learning and abiHty ; and it is always to be remembered that it is 
 the quality, and not the quantity, of authorities that determines their 
 weight. 
 
 Before a case is relied upon as an authority and cited in the brief, 
 it should always be carefully traced down to date, to make sure that 
 it has not been overruled by later cases, or so "distinguished" that it 
 is no longer controlling. 
 
 (e) Discussion of Authorities 
 
 The brief maker must have in mind that the mere statement of the 
 proposition and the citation of authorities to support it is not sufficient. 
 Not only must the application of the proposition to the facts of the 
 case at bar be shown but the relevancy of the leading authorities to 
 the case at bar should be pointed out. In other words, there must be 
 so much of a discussion of the best leading authorities as will show 
 affirmatively that they are really precedents to be followed in deciding 
 the case. 
 
 It is by no means necessary to discuss every case cited as authority. 
 In presenting authorities, it is frequently well to quote from the opin- 
 ions. But in most cases a mere abstract statement, unrelated to the 
 specific facts of the case, is practically valueless. If it is necessary to 
 set out the facts of the case, in order to make the words or holding 
 of the court intelligible, this statement should be brief, clear, and 
 
 M "Practical Hints In the Preparation of Briefs," 14 Am. Law Rec. 6S, page B6. 
 
 11 "Devote yourself above all to find authorities in your own state, lor these are the 
 ones which are controlling, and it must be a' very new and strange question upon whicb 
 you cannot find some light." Mr. Abbott, as quoted in Elliott, App. Proc. p. 377, note 2. 
 
 374 
 
Ch. XXVI) THE BRIEF ON APPEAL § 10 
 
 pointed, and should deal solely with those facts which are material to 
 the particular proposition of law for which the case is used. The man- 
 ner in which the facts are to be stated, the character and extent of the 
 quotations, and the question whether to quote, or give the substance of, 
 the holding, are all matters of judgment, to be determined by consid- 
 ering both literary form and general effectiveness. One common error 
 may be noted — stating isolated propositions of law, which in the ab- 
 stract are correct, but totally devoid of practical significance, followed 
 by the citation of lists of authorities. It should never be forgotten that 
 in the majority of cases the chief difficulties of the brief writer are not 
 to prove certain legal propositions, but to show that certain legal prop- 
 ositions are applicable and controlling under the specific facts of the 
 case in hand. 
 
 In discussing a question in which the cases are numerous, it is often 
 well to take them up by states, presenting the decisions in any one state 
 chronologically, and to treat the doctrines as announced in the several 
 states as matters for separate determination. The states supporting the 
 position taken by counsel may thus be grouped together, and those hold- 
 ing a contrary view may likewise be grouped. But this method is sub- 
 ject to the varying exigencies of the questions discussed. 
 
 It is by no means necessary for the brief to deal at length with every 
 authority which is in point on a given feature of the case. The best 
 cases should receive the fullest treatment ; but, where there are a num- 
 ber of cases without distinguishing marks of excellence, all on pre- 
 cisely the same point, they may be simply cited under the principal 
 case, which is given more fully. 
 
 (f) Same — Adversary s Authorities 
 
 It is often advantageous, where the cases are limited in number and 
 where the question is so well defined that it may be safely assumed 
 that the opposite party will have all the authorities supporting his side 
 of the question, to discuss those cases, after disposing of the favorable 
 authorities, and to point out any facts in connection therewith which 
 distinguish them from the case at bar, or which otherwise impair their 
 force. But in perhaps the majority of cases it is better to depend on 
 the strength of your own case alone, rather than on the weakness of 
 your adversary's case. 
 
 Of course, in the brief for the respondent, it is generally advisable 
 to devote considerable time to the criticism of the authorities cited by 
 the appellant, when there is real ground for criticising or distinguish- 
 ing them. So, too, in the reply brief of the appellant, it is to be ex- 
 pected that the advocate will criticise the argument and authorities of 
 the respondent. The reply brief, it must be remembered, must not raise 
 new issues. In fact, it must be borne in mind throughout the prepara- 
 tion of the Brief on Appeal that there must be a strict adherence to 
 the theory of the case as it was developed in the court below. 
 
 375 
 
§ 10 THE BRIEF ON APPEAL (Part V 
 
 (g) Use of Text-Boohs 
 
 Under present conditions, it can seldom be necessary to resort to 
 text-books to support a proposition, and the number of these which, 
 from the learning and reputation of their authors, have a sufficient 
 standing with the bench and bar to render their statements authorita-> 
 tive, is very small. When, however, it seems advisable to cite a text- 
 book, the name of the author, the title, the edition, if more than one has 
 been published, and the page, should be clearly specified in the brief. 
 
 Text-writers of acknowledged standing may sometimes be quoted, 
 but as a rule the text-books should be consulted as guides to the law, 
 rather than embodiments of it ; and a brief showing too much familiar- 
 ity with text-books at the expense of the cases is very likely, from that 
 very fact, to be considered superficial and weak. 
 
 (h) Verbosity to be Avoided 
 
 While the statement of facts and the argument — in short, the brief 
 as a whole — should be full enough to present the whole case clearly, 
 care should be used not to make it too voluminous, too verbose. It is 
 by no means an uncommon complaint on the part of appellate judges 
 that they have been compelled to wade through several pages of useless 
 discussion of abstract and elementary principles that could have been 
 as effectively disposed of in half a dozen lines. 
 
 § 11. Typography 
 
 In most states briefs are required to be printed. The brief maker 
 should see to it that the typography of his brief is neat and appropri- 
 ate. Each main division of the brief should be properly entitled "State- 
 ment of the Case," "Specification of Errors," etc., in type different 
 from that used in the body of the brief. If subordinate headings are 
 used in the statement or argument, they should be in type smaller than 
 the main headings, but differentiated from the body of the brief. At 
 the head of each division of the argument, the proposition to be dis- 
 cussed in that division should be restated in black letter, and subordi- 
 nate propositions may be stated in italics. The body of the brief should 
 be in plain Roman type, not smaller than the size known as long primer, 
 and leaded. Quotations from authorities or from the evidence, if ex- 
 ceeding two lines in length, should be differentiated from the body of 
 the argument by being set solid, or in a smaller type. A little attention 
 to the typographical details, while not absolutely essential to a good 
 brief, goes a long way towards securing a careful consideration by the 
 court. 
 
 § 12. Sample Brief 
 
 For the purpose of showing the practical application of the rules laid 
 down in the preceding pages, there is inserted below a brief which il- 
 lustrates, in the form and arrangement of its contents, all of the essen- 
 tials of a good brief. 
 
 376 
 
Ch. XXVI) THE BRIEF ON APPEAL § 12 
 
 This brief was prepared by Mr. Charles E. Feirich, a member of the 
 class of 1907 in the Chicago-Kent College of Law, in a brief-making 
 contest conducted by the American Law School Review. Out of a 
 large number of briefs submitted by students in various law schools, 
 this was selected as the best, and was awarded first prize ; the judges 
 being William T. Spear, Judge of the Supreme Court of Ohio, Joseph 
 D. Aloore, Judge of the Supreme Court of Michigan, and Edwin A. 
 Jaggard, Judge of the Supreme Court of Minnesota. It is inserted 
 here, with some slight changes from the original for the purpose of 
 illustrating the rules laid down in this chapter as to the form and con- 
 tents of a good brief. Under the terms of the contest, local court rules 
 and local statutes were not taken into consideration. 
 
 [Another specimen of the brief on appeal will be found in chapter 1 of the 
 Appendix. This second brief was prepared by eminent members of the profes- 
 sion in the famous case of Gonzales v. Williams, argued before the United 
 States Supreme Court.] 
 
 SUPREME COURT OF IOWA. 
 
 December Term, 1907. 
 
 Geo. C. Smith, 
 
 Plaintiff-Appellant, 
 
 vs. ) No. 365. 
 
 Arthur B. Russell, 
 
 Defendant- Appellee. 
 
 PRELIMINARY STATEMENT. 
 
 This is an appeal by George C. Smith from an order of the Dis- 
 trict Court of Oregon County, sustaining a demurrer to the amended 
 petition in an action brought by said George C. Smith, on a note ex- 
 ecuted by Arthur B. Russell. 
 
 STATEMENT OF FACTS. 
 
 The agreed facts so far as they are material to this appeal, are as 
 follows: On December 21, 1894, the defendant, Arthur B. Russell, 
 in part payment of a debt long past due, executed and delivered to 
 George C. Smith his note for $300, due in two years from the date 
 thereof. The note was payable "to the order of" George C. Smith. 
 Smith lost the note, and it was found by R. N. Jackson, who, how- 
 
 377 
 
§ 12 THE BEIEP ON APPEAL (Part V 
 
 ever, refused to give it up on demand. On May 15, 1906. Smith 
 brought his action to recover the amount due on the note, and, as 
 an excuse for his inability to produce the note, alleged in his petition 
 that it was "wrongfully held by a third person." (Abs. p. 3.) The 
 defendant demurred. (Abs. p. 3.) The demurrer was sustained, and 
 on October 10, 1906, judgment was entered on the demurrer in favor 
 of defendant Russell. (Abs. p. 4.) 
 
 From the judgment so entered, the plaintiff, on November 20, 1906, 
 perfected his appeal to this court. (Abs. p. 5.) On March 28, 1907, 
 this court rendered its decision, approving the ruling of the district 
 court sustaining the demurrer, but remanding the cause for new trial, 
 with leave to the plaintiff to amend his petition. (Abs. p. 6.) The 
 ten years prescribed by the statute of limitations, within which an ac- 
 tion could be brought on the note, expired December 21, 1906. On 
 April 2, 1907, plaintiff filed an amended petition, setting forth the 
 facts in connection with the loss of the note, the demand therefor on 
 Jackson, and Jackson's refusal to surrender it, and. offered to indem- 
 nify the defendant Russell against any claim on account of the note 
 in the hands of another person. (Abs. p. 7.) Defendant demurred to 
 the amended petition on the ground that debt was barred by the stat- 
 ute of limitations. (Abs. p. 8.) This demurrer being sustained the 
 plaintiff appeals. 
 
 SPECIFICATION OF ERROR. 
 
 The court erred in sustaining the demurrer to plaintiff's amended 
 petition. 
 
 POINTS. 
 
 I. The defense of the statute of limitations must be specially pleaded, 
 and cannot be availed of by demurrer, in an action at law, even though 
 it appears on the face of the petition that the limitation prescribed 
 by the statute has expired. 
 
 II. Where an amendment does not set up a new cause of action, 
 or bring in any -new parties, the running of the statute of limitations 
 is arrested at the date of filing the original pleadings. 
 
 III. The statute of limitations is suspended during the pendency of 
 an appeal. 
 
 ARGUMENT. 
 
 I. 
 
 The defense of tie Statute of Idmitations must be specially pleaded, 
 and cannot be availed of by demurrer in an action at lamr, even tbongji 
 it appears on tbe face of the declaration that the limitation pre- 
 scribed by the Statute of Iiimitations has expired. 
 
 The defense of the Statute of Limitations was permitted by the 
 court below to be interposed by a demurrer filed by the defendant, 
 
 378 
 
Ch. XXVI) THE BRIEF ON APPEAL § 12 
 
 which demurrer was sustained. This was error, because in an action 
 at law the Statute of Limitations must be pleaded specially if the de- 
 fendant desires to avail himself of that defense. 
 
 "In actions at law, as contradistinguished from actions tinder the 
 code, it has always been the established rule that If the defendant de- 
 sires to avail himself of the statute of limitations as a bar to the de- 
 mand in suit, he must plead the defense. He cannot demur to the dec- 
 laration, even where it appears on its face that the limitation pre- 
 scribed by the statute has expired, for the principal reason that thereby 
 the plaintiff would be deprived of the opportunity of replying that the 
 case was within some of the exceptions to the statute, or any other mat- 
 ter which would prevent the bar from attaching." 
 
 13 Bnc. PI. & Pr. 200, citing 
 
 Condon v. Enger, 11.S Ala. 233, 21 South. 227; 
 
 Huss V. Central R., etc., Co., 66 Ala. 472; 
 
 Smith V. Richmond, 19 Cal. 476 ; 
 
 Bowman v. Mallory, 14 Ind. 424; 
 
 Matlock V. Todd, 25 Ind. 128 ; 
 
 Sleeth V. Murphy, Morris (Iowa) 321, 41 Am. Dec. 232; 
 
 Zane v. Zane, 5 Kan. 134 ; 
 
 Hines v. Potts, 56 Miss. 352; 
 
 McNair v. Lott, 25 Mo. 182; 
 
 Allen V. Word, 6 Humph. (Tenn.) 284; 
 
 Chicago City Ry. Co. v. Cooney, 196 111. 466, 63 N. E. 1029 ; 
 
 Gunton v. Hughes, 181 111. 132, 54 N. E. S95 ; 
 
 Thomas v. Morgan, 96 111. App. 629; 
 
 Wall, .Adm'x, v. C. & O. R. R. Co., 200 111. 60, 65 N. E. 632 ; 
 
 Eenackowsky v. Water Com'rs, 122 Mich. 613, 81 N. W. 5S1 ; 
 
 Norton v. Kumpe, 121 Ala. 446, 25 South. 841 ; 
 
 Huntvllle v. Ewing, 116 Ala. 576, 22 South. 984 ; 
 
 Barclay v. Barclay, 206 Pa. St. 307, 55 Atl. 985. 
 
 A few extracts are made from the opinions of the Courts in some 
 of the cases above cited, which will suffice to show the rule of law 
 on this point 
 
 In Wall, Adm'x, v. C. & O. R. R. Co., 200 111. 66, 65 N. E. 638, 
 the court said : 
 
 "From the face of the declaration It appears that more than two 
 years elapsed from the time of the injury to the bringing of the suit, 
 and it is insisted by defendant in error that therefore the action could 
 not be sustained, and hence the defense of the Statute of Limitations 
 could be made by demurrer. Mainly on this ground it Is insisted that 
 the trial court properly sustained the demurrer. In equity, where It 
 appears on the face of the bill that the cause of action is barred by 
 laches or the Statute of Limitations, the defect may be reached by de- 
 murrer to the bill. But the rule is otherwise in common law pleading. 
 The defendant cannot demur to a declaration even where it appears 
 on its face that the limitation prescribed by the statute has expired, 
 because plaintiff would thus be deprived of the opportunity of replying 
 and pleading any matter which would prevent the bar from attaching. 
 The defendant must plead the statute if he wishes to avail himself 
 of it." 
 
 In Thomas v. Morgan, 96 111. App. 629, the Appellate Court of 
 Illinois discusses this question at length, citing many authorities 
 from various jurisdictions. The Court remanded the case for the 
 error of the trial court in sustaining a demurrer to the declaration 
 based on the Statute of Limitations, although the declaration showed 
 
 379 
 
§ 12 THE BRIEF ON APPEAL (Part V 
 
 on its face that the time allowed by the Statute of Limitations had ex- 
 pired. 
 
 In Hines v. Potts, 56 Miss. 346, 362, the Court said: 
 
 "It Is urged that this case is barred by the Statute of Limitations. 
 We cannot express an opinion as to this, because the bar of the Statute 
 of Limitations cannot be availed of by a demurrer to the declaration, 
 even though the cause of action set forth may appear to be barred. 
 The Statute of Limitations must be pleaded, so that the plaintiff may, 
 if he can, avoid the bar by replying facts which prevent It." 
 
 In Allen v. Word, 6 Humph. (Tenn.) 284, the Court said : 
 
 "The Statute of Limitations In a suit at lavs' must be pleaded, and this 
 whether the cause of action as stated appears to be barred or not; be- 
 cause the plaintiff may reply and prove a subsequent promise to pay the 
 debt." 
 
 In Sleeth v. Murphy, 1 Morris (Iowa) 331 (2d edition or reprint, 
 
 vol. 1, p. 422), 41 Am. Dec. 232, in a Per Curiam opinion it is said: 
 
 "We feel controlled in this matter by the decisions of other courts 
 on like statutes. It has been of late years Invariably held that a stat- 
 ute of limitations must be pleaded ; that a demurrer will not lie, al- 
 though the lapse of a sufficient time between the accruing of the action 
 and the commencement of the suit should appear from the face of the 
 declaration." 
 
 In Matlock v. Todd, 25 Ind. 128, 133, speaking of the Statute of 
 
 Limitations, the Court said: 
 
 "But we do not decide the question, for the reason that It Is not 
 properly before us. It is raised on a demurrer to the complaint, and it 
 has been held by this court, that in suits at law, to make the statute 
 availing, it should be pleaded." 
 
 Extracts might be made from the opinions in the other cases cited 
 to the same effect, but the foregoing clearly show that the rule is 
 based on reason and appears to be invariably enforced by courts of last 
 resort. If the defendant in the case at bar desired to avail himself 
 of this defense, he should have pleaded it in bar instead of demur- 
 ring to the declaration, for by doing the former the plaintiff would 
 have had the right to plead any matter which would take the case out 
 of the Statute of Limitations. 
 
 It is therefore urged that the decision of the trial court should be re- 
 versed because of the error of the trial court in allowing the defense 
 of the Statute of Limitations to be raised by a demurrer. 
 
 n. 
 
 Wliere an amendjnent does not set up a nexr canse of action, or lirlng 
 in any new parties, the running of the Statute of Limitations is ar- 
 rested at the date of filing the original pleading. 
 
 (A) An appellate court has power, in its discretion, to direct the 
 trial court to allow an amendment to a declaration. 
 
 Before proceeding to the main argument under Heading II, it may 
 be well to inquire into the power of an appellate court to direct the 
 
 380 
 
Ch. XXVI) THE BRIEF ON APPEAL § 12 
 
 trial court to allow an amendment to a declaration, and to ascertain 
 to what extent the trial court is bound by such direction. 
 
 Where an appellate court reverses a decision of the lower court It Is 
 not upeommon to direct the latter to allow amendments, especially if 
 the error will be obviated thereby. 1 Bnc. PI. & Pr. 017, and 3 Cyc. 
 458, citing many cases both of the United States Supreme Court and 
 of the Supreme Courts of various other States. 
 
 The rule appears to be as stated by the Supreme Court of Minne- 
 sota in Farley v. Kittson, 27 Minn. 102, 107, 6 N. W. 450, 7 N. W. 
 267: 
 
 "Plaintiff now moves this court to modify its judgment on the orders 
 appealed from, so as to give him leave to amend his complaint in the 
 court below. We have no doubt of the power of this Court to grant 
 the relief asked for; but it ought rarely to be exercised. It is a mat- 
 ter resting in discretion," etc. 
 
 This case was followed in Haven v. Place, 28 Minn. 551, 11 N. W. 
 117. 
 
 In Wood et al. v. Lenawee Circuit Judge, 84 Mich. 521, 47 N. W. 
 1103, it was held that mandamus will lie to compel a trial judge to 
 allow an amendment which does not introduce a new cause of action, 
 and which, if refused, will cause the loss of the action. 
 
 It is also to be noted that this power in the appellate court to direct 
 the trial court to allow an amendment is necessary to the proper ad- 
 ministration of justice. The appellate court is established for the 
 purpose of reviewing the decisions of the trial court. Suppose, for 
 example, that a trial court errs in a certain ruling in a case tried be- 
 fore him. The case is appealed and the error is manifest to the re- 
 viewing court, but in order that the cause of action may not be lost, 
 it is necessary that an amendment should be allowed. If the reviewing 
 court has no power to direct the allowance of such an amendment, 
 and merely recommends it, the trial court may adhere to its previous 
 opinion and accordingly refuse to allow the amendment. Should this 
 ruling be appealed from, the same process would follow, and the ef- 
 fect of it would be to make the trial court superior in power to the ap- 
 pellate court. 
 
 This question, however, is not vital to the case at bar because the 
 trial court allowed the plaintiff to file his amended petition, but it is 
 discussed here in case it should be contended by appellee that the trial 
 court was not bound to allow the amendment to be made and could 
 have dismissed the case without allowing the amendment on the ground 
 that it was barred by the Statute of Limitations. The question of the 
 power of this Court to direct the amendment to be allowed in the 
 trial court, will also be considered in connection with another point 
 in this brief. 
 
 381 
 
§ 12 THE BRIEF ON APPEAL (Part V, 
 
 (B) An appellate court will, in a meritorious case, allow an amend- 
 ment to the declaration for the express purpose of saving the cause 
 of action from the bar of the Statute of Limitations. 
 
 The modern tendency of all courts is to allow amendments with 
 great latitude in order to further justice; and this is especially true 
 , if compelling the party to bring a new suit would let in the defense 
 of the Statute of Limitations. 
 
 Schieffelin v. Whipple, 10 Wis. 81, was an action on a promissory 
 note. The plaintiff took a nonsuit, and subsequently the trial court 
 refused him leave to amend his declaration. The Court said, speak- 
 ing of allowing amendments where a new suit would be barred by 
 the Statute of Limitations: 
 
 "The power of amendment Is frequently and justly exercised In such 
 cases, and the fact that if driven to a new suit the party's claim will 
 be barred, is of controlling Influence in favor of its exercise." 
 
 In Walker v. Wabash R. R. Co., 193 Mo. 453, 92 S. W. 83, the 
 Court in laying down the proper judicial attitude towards amend- 
 ments with reference to the Statute of Limitations, said in the words 
 of Napton, J., in Lottman v. Barnett, 63 Mo., loc. cit. 170 : 
 
 "Amendments are allowed expressly to save the cause from the stat- 
 ute of limitations, and courts have been liberal in allowing them, when 
 the cause of action Is not totally different." Citing authorities. 
 
 In Van Doren v. Railroad Co., 93 Fed. 260, 271, 35 C. C. A. 283, 
 293, the Court said: 
 
 "Substantial justice requires that such an amendment should be al- 
 lowed, as a second suit for damages for the death of Henry Van Doren 
 would be barred by the one-year limitation In the Pennsylvania stat- 
 ute." 
 
 In Sanger v. Newton, 134 Mass. 308, the Court said: 
 
 "The fact that the three years within which an original petition could 
 be filed have elapsed furnishes no grounds for refusing the amendment, 
 but rather a reason why it should be allowed, as otherwise substantial 
 justice will be defeated." 
 
 In Miller v. Watson, 6 Wend. (N. Y.) 507, the Court said : 
 
 "Here, unless the plaintiff be permitted to amend, the statute will be 
 a bar to a new action. Although more than six years have elapsed since 
 the commencement of this suit, the defendant cannot claim the protec- 
 tion of the statute unless It had run out before the suit was brought, 
 and if so, he may plead it anew. * * • The plaintilf is permitted 
 to amend, by adding a new count setting forth the contract," etc. 
 
 In Kiting V. Dayton, 67 Hun, 425, 22 N. Y. Supp. 154, it was held 
 that the fact that the Statute of Limitations would bar a new action 
 was a strong reason for allowing, instead of refusing, leave to amend. 
 
 The Supreme Judicial Court of Massachusetts, in Cogswell v. Hall, 
 185 Mass. 455, 70 N. E. 461, in answer to the contention of the de- 
 
 382 
 
Ch. XXVI) THE BRIEF ON APPEAL § 12 
 
 fendant that an amendment was barred by the Statute of Limitations 
 and hence should not be allowed, said : 
 
 "Instead of this being a conclusive reason in favor of its disallovr- 
 ance, It might vi'ell be considered a sufficient cause for its being granted 
 for otherwise the plaintiff might lose a meritorious claim." ' 
 
 The doctrine announced in the foregoing cases has also been fol- 
 lowed in the following cases : 
 
 Davis V. Saunders, 7 Mass. 62; 
 
 People V. Cook, 62 Hun, 304, 17 N. Y. Supp. 546; 
 
 Elting V. Dayton, 67 Hun, 425, 22 N. Y. Supp. 154; 
 
 Risley v. Phoenix Bank, 2 Hun (N. Y.) 349 ; 
 
 Wilson V. Smith (Super. N. Y.) 14 N. Y. Supp. 628; 
 
 Dana v. McClure, 39 Vt. 197; 
 
 Tucker v. Virginia City, 4 Nev. 20 ; 
 
 Kansas Pac. R. Co. v. Kunkel, 17 Kan. 145; 
 
 Verdery v. Barrett, 89 Ga. 349, 15 S. E. 476; 
 
 Rand v. Webber, 64 Me. 191 ; 
 
 George v. Reed, 101 Mass. 378; 
 
 Thornton v. Herring, 5 Houst. (Del.) 154; 
 
 State ex rel. Mackey v. Thompson, 81 Mo. App. 549. 
 
 So, in Courtney v. Blackwell, 150 Mo. 245, 51 S. W. 668, the Court 
 said: 
 
 "To so hold (referring to contention by defendant that the amended 
 petition was barred by the Statute of Limitations) we would have to 
 leave out of view one of the principal objects of allowing amendments, 
 vs^hich is to prevent the running of the Statute of Limitations." 
 
 It is conceived that the foregoing decisions coming as they do from 
 Courts of eminent standing all over the country, will be given consid- 
 erable weight. Their application to the case at bar is evident. These 
 cases hold that an appellate court will frequently allow an amendment 
 to be made in a case where, if a new suit were brought, it would be 
 barred by the Statute of Dimitations. Now, without regard to whether 
 or not this Court, on the previous appeal of this cause, gave plaintiff 
 the right to amend his petition for the express purpose of avoiding 
 the bar of the Statute of Limitations, the fact remains that the amend- 
 ment was allowed, and once the amendment filed, the full force of all 
 these decisions is brought to bear directly upon the case at bar. It 
 necessarily follows that if an appellate court will allow an amendment 
 so as to save the cause from the Statute or Limitations, when such an 
 amendment is filed it relates back to the commencement of the suit, 
 and the Statute of Limitations does not operate on the amendment 
 as if it were a separate suit. If the defendant's contention is sound, 
 the filing of an amendment by the plaintiff, under leave given him by 
 this Court, has the same effect as if he voluntarily took a nonsuit 
 and commenced a new action. The point to be kept in mind is that 
 plaintiff filed an amendment to the original petition ; the original peti- 
 
 383 
 
§12 THE BRIEF ON APPEAIi (Part V 
 
 tion marked the beginning of the action, and the amendment only- 
 more fully stated what was intended to be set forth in the original 
 petition. The necessary implication to be drawn from every one of 
 the opinions above quoted is that if the amendment is allowed the 
 cause will be saved from the bar of the Statute of Limitations, and 
 since an amendment was allowed, under such circumstances, in the 
 case at bar, it follows that the cause of action is not barred by the 
 Statute of Limitations and that the trial court was in error in holding 
 that it was so barred. 
 
 (Q The amendment introduced no new cause of action; hence it 
 relates hack to the time of filing the original petition, and the running 
 of the Statute of Limitations was arrested at that date. 
 
 Under the right granted him by this court, plaintiff filed an amend- 
 ment to his petition in the trial court, and the point is now to be con- 
 sidered what effect, if any, the Statute of Limitations has on the 
 amended petition. 
 
 A great number of decisions may be found, both in the State and 
 Federal Courts, holding that where an amendment does not introduce 
 a new cause of action it relates back to the filing of the original plead- 
 ing, and the running of the Statute is arrested at that date. Only a 
 few of these cases will be cited, as counsel for appellant observes that 
 his brief is already becoming somewhat lengthy. 
 
 The Supreme Court of Illinois stated the rule in this regard to be 
 
 as follows (C, B. & Q. Ry. Co. v. Jones, 149 111. 361, 37 N. E. 247, 
 
 24 L. R. A. 141, 41 Am. St. Rep. 278) : 
 
 "The question is whether the aroendment sets up a new cause of ac- 
 tion. If it does, the demurrer to the plea was properly overruled. If 
 it does not, the amendment takes effect from the commencement of the 
 suit. "Where an amendment sets up no new matter, but merely restates 
 in a different form the cause of action set up in the original declara- 
 tion, it relates to the commencement of the suit, and the statute of 
 limitations is arrested at that point," etc. 
 
 In Love, Adm'r, v. So. Ry. Co., 108 Tenn. 104, 65 S. W. 475, 55 
 L. R. A. 471, the summons was duly served within the time allowed 
 by the Statute. The declaration was a nullity because it failed to al- 
 lege the names of the statutory beneficiaries. The declaration was 
 amended after the Statute of Limitations had run, and the Court 
 held the Statute did not apply. The Court said: 
 
 "The general principle is that when the amendment does not set up 
 a new cause of action, or bring in new parties, the running of the Stat- 
 ute is arrested at the date of the filing of the original pleading." 
 
 In Wolf V. Bauereis, 72 Md. 481, 19 Atl. 1045, 8 L. R. A. 680, the 
 Court said: 
 
 "The remaining question is that In regard to the plea of the Statute 
 of Limitations pleaded to the amended declaration. We are clearly of 
 
 884 
 
Ch. XXVI) THE BRIEF ON APPEAIi § 12 
 
 opinion that the Court committed no error In holding the plea insuf- 
 ficient. The amended declaration was framed upon no new cause of 
 action, and the Statute only ran to the commencement of the suit. At 
 the time of the commencement of the action the Statute had not formed 
 a bar, and the subsequent amendment of the declaration did not eztend 
 the running of the Statute to the time of the amendment." 
 
 In Western Union Tel. Co. v. Nelson, 83 Md. 293, 33 Atl 763 
 31 L. R. A. 572, 51 Am. St. Rep. 464, the Supreme Court of Mary- 
 land, in applying the rule just stated, held that an amendment adding 
 the words "of Baltimore City" to the name of the defendant was 
 not an amendment which added a new party or had the effect of bring- 
 ing a new suit with respect to the plea of the Statute of Limitations. 
 
 In Lamb v. Cecil, 28 W. Va. 653, it was held that when an amend- 
 ment to a declaration is properly allowed, so far as regards the Stat- 
 ute of Limitations, it will have the same effect as if it had been orig- 
 inally filed in the amended form at the commencement of the suit, 
 and a cause of action not then barred will not be treated as barred at 
 the time of the amendment, by reason of such amendment. 
 
 In Kuhn v. Brownfield, 34 W. Va. 253, 13 S. E. 519, 11 L. R. A. 
 700, the court held that a cause of action presented by an amended 
 pleading which does not change the nature of the action is not barred 
 by the Statute of Limitations if the original action was not, and al- 
 though it would be barred if the action had been first brought at the 
 time of the amendment. 
 
 In a very recent case in the Supreme Court of Missouri, Walker v. 
 
 Wabash R. Co., 193 Mo. 453, 474, 93 S. W. 83, 89, the Court said: 
 
 "The rule of law applicable seems to be that, 'where the amendment 
 sets up no new matter or claim, but is a mere variation of the allega- 
 tions affecting a demand already in issue, then the amendment relates 
 to the commencement of the suit, and the running of the statute is ar- 
 rested at that point ; but where the amendment introduces a new claim, 
 not before asserted, then it is not treated as relating to the commence- 
 ment of the suit, but as equivalent to a fresh suit upon a new cause of 
 action ; the running of the statute continuing down to the time the 
 amendment is filed.' " Citing authorities. 
 
 The right of parties to maintain actions is always governed by the 
 condition of the demand at the time of instituting the suit. 
 Moore v. Lobbin, 36 Miss. 304; 
 Sandwich Mfg. Co. v. Earl, 56 Minn. 390, 57 N. W. 938. 
 
 In Chicago City Ry. Co. v. Cooney, 196 111. 466, 63 N. E. 1039, 
 plaintiff filed an amended declaration more than two years after the 
 cause of action accrued. Defendant pleaded the Statute of Limita- 
 tions, to which plea plaintiff demurred. The Court sustained the 
 demurrer, and in affirming the judgment of the trial court the Supreme 
 Court said : 
 
 "The cause of action stated in the amended declaration was Identical 
 with the one stated In the original declaration, and the amendment 
 amounted only to a re-statement of the cause of action, and not a state- 
 ment of a new cause of action." 
 
 Brief Mak.(3d Ed.) — 25 385 
 
§ 12 THE BRIEF ON APPEAL (Part V 
 
 This is the settled rule in Illinois as will be evidenced by the fol- 
 lowing cases : Phelps v. I. C. R. R. Co., 94 111. 548 ; I. C. R. R. Co. 
 V. Cobb, 64 111. 128 ; North Chicago Rolling Mill Co. v. Monka, 107 
 111. 340 ; and Smith v. Taggart, 21 111. App. 538. 
 
 In Augusta Ry. Co. v. Andrews, 92 Ga. 706, 19 S. E. 713, the 
 
 Court said: 
 
 "It was objected that the amendment was barred by the Statute of 
 Limitations, because not offered within two years from the date on 
 which the cause of action arose or the date on which the suit was filed. 
 An amendment which introduces no new cause of action is not barred 
 If the action itself is not barred ; and this amendment, as will be shown, 
 did not introduce a new cause of action. Such an amendment relates 
 back to the filing of the suit." 
 
 In Colley v. Coffin Co., 92 Ga. 664, 18 S. E. 817, the Court said: 
 
 "It was no obstacle to the allowance of the amendment that the ac- 
 tion would have been barred if the present suit had been delayed until 
 the time the amendment was offered, provided the suit itself was 
 brought in time." 
 
 In Verdery v. Barrett, 89 Ga. 349, 15 S. E. 476, the Court said: 
 
 "It is no obstacle to the allowance of such an amendment that the 
 action would have been barred if suit had been delayed until the time 
 the amendment was offered, nor that the action, if based on a contract 
 not in writing, would have been barred at the time suit was brought. 
 Where the cause of action is one single contract and one single breach 
 thereof, all amendments to the declaration relate back to the commence- 
 ment of the suit." 
 
 See, also: 
 
 Ala. G. S. W. Co. V. Thomas, 89 Ala. 249, 7 South. 762, 18 
 Am. St. Rep. 119, citing other cases; 
 
 Hines v. Rutherford, 67 Ga. 606; 
 
 Poullain v. Ponllain, 76 Ga. 422, 4 S. E. 92; 
 
 Hughes V. Whitaker, 84 N. C. 640 ; 
 
 Zieverink et al. v. Kemper, 50 Ohio St. 208, 34 N. E. 250, 
 holding that an action is "commenced" at the date of service 
 of summons, and although a demurrer be sustained to the 
 petition, and leave given by the court to amend, still the ac- 
 tion remains "commenced" so as to stop the running of the 
 Statute of Limitations, and averments in such amended pe- 
 tition have the same force and effect as if contained in the 
 original petition. 
 
 The attention of the Court is called to the following Federal cases to 
 the same effect: 
 
 In C, N. O. & T. P. R. Co. v. Gray, the Court said (101 Fed. 623, 
 41 C. C. A. 535, 50 L. R. A. 47) : 
 
 "Nor do I think that the Kentucky Statute of Limitations bars the 
 claim of the petitioner. The claim arose when the injury occurred, on 
 March 26, 1893; the original petition was filed Seutember 18, 1803, 
 
 386 
 
Ch. XXVI) THE BRIEF ON APPEAL § 12 
 
 much less than the required one year after the Injury. The second 
 amended petition was filed December 26, 1895, a further one not ap- 
 pearing in tlie record, and the third was. by express leave of court, 
 filed on April 2'>, 189Q. The last amendment was possibly desismed 
 rather to make the pleadings conform to the proof than for any other 
 purpose. It may be and doubtless Is. true that, when an amended peti- 
 tion sets up an entirely new and distinct cause of action, time, under 
 the Statute, will not cease to run until the date of filing it (citing au- 
 thorities), but this rule by no means applies to a case such as we have 
 before us, in which the original and real cause of action, namely, the 
 negligence by which Gray was injured, was never departed from or 
 abandoned." 
 
 In Cross V. Evans, 86 Fed. 1, at page 6, 39 C. C. A. 523, at page 
 
 528, the Court says : 
 
 "The cause of action in this case was the Injury done to the person 
 of the plaintiff below by the negligence of the defendant below. This 
 action was broight within a year from the time the injury occurred, 
 and it is not barred by the Statute of Limitations. The assignment 
 of additional specifications of negligence on the part of defendant in 
 the subsequent amended petition of plaintiff to that first set up does not 
 create a new cause of action." Citing Smith v. Railway Co., 56 Fed. 
 458, 5 C. C. A. 537. 
 
 In McDonald v. State of Nebraska, 101 Fed. 171, 41 C. C. A. 278, 
 
 Circuit Judge Caldwell quoted from the opinion of Judge Maxwell 
 
 in McKeighan v. Hopkins, 19 Neb. 33, 26 N. W. 614, as follows : 
 
 "The appellee claims, however, that, even if it is conceded that the 
 court had authority to authorize the amendment in question, still the 
 Statute of Limitations would run against the cause of action until the 
 piiioiiripfl pptition Wns filed. In Martin v. Coppock, 4 Neb. 173, it was 
 held that the amendment of a mistake in the name of the plaintiff re- 
 lated back to the date of the service, and this, we think, is the gen- 
 eral rule. The cause of action Is the same, although the relief is sought 
 in a different manner from that in the first petition. This, however, 
 does not change the cause of action, and the Statute of Limitations 
 ceased to run when the summons which was served on him was Is- 
 sued, or, if the service was constructive, at the date of the first pub- 
 lication of the notice." 
 
 This rule is also followed in Texas & P. Ry. Co. v. Cox, 145 U. S. 
 593, 12 Sup. Ct. 905, 36 L. Ed. 829 ; Whalen v. Gordon, 95 Fed. 305, 
 37 C. C. A. 70; Middlesex Banking Co. v. Smith, 83 Fed. 133, 27 C. 
 C. A. 485 ; Atlantic & P. R. Co. v. Laird, 164 U. S. 393, 17 Sup. Ct. 
 120, 41 L. Ed. 485; Union Pac. Ry. Co. v. Wyler, 158 U. S. 296, 
 15 Sup. Ct. 877, 39 L. Ed. 983 ; and Carnegie, Phipps & Co. v. Hul- 
 bert, 70 Fed. 209, 16 C. C. A. 498. 
 
 Two cases, which may be cited by appellee as holding contrary to 
 the rule above laid down, are Waydell v. Gabrielson, 72 Fed. 648, 19 
 C. C. A. 58, and Bradley Salt Co. v. Norfolk Imp. & Exp. Co., 101 
 Fed. 681, 41 C. C. A. 600. Both of these cases turn upon special stat- 
 utes. The former rests on a statute of New York giving a plaintiff 
 certain rights where thf original action is defeated by reversal without 
 awarding a new trial, and cannot be considered to be at all applicable 
 
 387 
 
§ 12 THE BRIEF ON APPEAL (Part V 
 
 to the case at bar. The latter case also rests upon a statute giving a 
 certain time after a judgment is reversed witl'iin which to bring a new 
 suit, and in addition to this the Court counted against the plaintiff cer- 
 tain time intervening between the judgment in the trial court and his 
 appeal, and between the rendition of the judgment of the appellate 
 court and the time of bringing a new action. This case, it is evident, 
 does not contradict the general rule as plainly laid down in the cases 
 above cited. 
 
 It is to be observed that counsel for appellant does not deny that 
 if the amendment introduces a new cause of action the Statute of 
 Limitations will continue running until the time such amendment is 
 filed. But it is preposterous to argue that a new cause of action should 
 be set up by an amendment to a petition which declared upon a prom- 
 issory note, when such amendment was confined to the same note. 
 ■ An amendment of this kind is a mere step in the proceedings, a con- 
 tinuation of the pleadings, and cannot, in any light, be considered as 
 introducing a new cause of action. The cause of action in this case is 
 the promissory note given by Russell to Smith ; the original petition 
 sought to recover for the nonpayment of this note, and when later 
 an amendment was filed it only stated in a different manner what was 
 stated in the original petition. It is conceded that the original peti- 
 tion was filed in good time, and since the amendment subsequently 
 filed was only in furtherance of the cause of action stated in the orig- 
 inal petition, and did not introduce a new cause of action, the run- 
 ning of the Statute of Limitations, under the many authorities above 
 cited, was arrested at the time of the filing of the original petition. 
 
 The following test was applied in Walker v. Wabash R. Co., supra: 
 "Would the recovery on the original complaint be a bar to a recovery 
 on the amended complaint? If so, the amendment does not introduce a 
 new cause of action and the Statute of Limitations does not run from 
 the time such amendment was filed but from the time of the filing 
 of the original petition. This rule, if applied to the case at bar, leads, 
 as well as the other one, irresistibly to the conclusion that no new cause 
 of action was introduced by the amendment, for assuredly had the 
 plaintiff recovered judgment on the note in the first action, he could 
 not have recovered a subsequent judgment on the same note. This 
 is too fundamental for argument. The cause of action is, and always 
 has been, the note given by Russell to Smith. Manifestly but one cause 
 of action can be introduced in a suit brought to recover upon a simple 
 promissory note. It must follow, therefore, that the amendment did 
 not introduce a new cause of action, and that the running of the Stat- 
 ute of Limitations was arrested at the time of the filing of the orig- 
 inal petition, and hence the trial court erred in deciding that the cause 
 of action was barred. 
 
 388 
 
Ch. XXVI) THE BRIEF ON APPEAL § 12 
 
 (D) The fact that the Supreme Court on the previous appeal sus- 
 tained the finding of the lower court does not affect the question, be- 
 cause the Supreme Court directed the trial court to allow an amend- 
 ment to be filed, which was done. 
 
 It may be that counsel for appellee will seek to attach some sig- 
 nificance to the fact that on the previous appeal of this case this Court 
 sustained the finding of the lower court that plaintiff's petition failed 
 to show a cause of action. This Court, however, also expressly gave 
 the plaintiff the right to amend his petition and a new trial, of which 
 right the plaintiff promptly took advantage. As has been seen, Courts 
 have held that even though the petition filed be wholly null and void, 
 if the service was good, it was such a commencement of suit as would 
 stop the running of the Statute of Limitations. Love, Adm'r, v. So. 
 Ry. Co., 108 Tenn. 101-, 65 S. W. 475, 55 L. R. A. 471; Zieverink 
 et al. V. Kemper, 50 Ohio St. 208, 34 N. E. 250 ; McDonald v. Ne- 
 braska, 101 Fed. 171, 41 C. C. A. 278, cited under "II (C)" of this 
 Brief. 
 
 It has been held in the following cases that a Court of Review, even 
 upon affirming a judgment determining the insufficiency of a pleading, 
 will sometimes grant permission to amend : 
 
 Moran v. Dunphy, 177 Mass. 485, 59 N. E. 135, 53 L. R. A. 
 115, 83 Am. St. Rep. 289 ; 
 
 Fleming v. Courteney, 95 Me. 128, 49 Atl. 611; 
 
 Recknagel v. Steinway, 58 App. Div. 353, 69 N. Y. Supp. 133; 
 
 Finch v. White, 190 Pa. 86, 42 Atl. 457 ; 
 
 Lawton V. South Bound R. Co., 61 S. C. 548, 39 S. E. 753; 
 
 Jackson Bank v. Irons, 18 R. I. 718, 30 Atl. 420; 
 
 People V. Roe, 25 App. Div. 107, 49 N. Y. Supp. 227. 
 
 In addition to this, upon the authority of the cases already cited 
 under "II (C)" of this Brief, it follows that whether the appellate 
 court affirms or reverses the judgment of the court below, if an amend- 
 ment is actually filed in the trial court, which does not introduce a 
 new cause of action, the Statute of Limitations does not run against 
 such amendment but ceases to run at the date of the filing of the 
 original suit. 
 
 IIX. 
 
 The Statute of I^imitations is suspended during the pendency of an 
 appeal. 
 
 ' While many, if not all, of the States in the Union have passed stat- 
 utes giving the party who has his judgment reversed in an appellate 
 court a specified time within which to commence a new action, so as 
 to avoid the bar of the general Statute of Limitations, it appears from 
 the following extracts from decisions of the Supreme Courts of va- 
 
 389 
 
§ 12 THE BRIEF ON APPEAL (Part V 
 
 rious States, that the general rule is that the Statute of Limitations 
 
 is suspended during the pendency of an appeal from the judgment of 
 
 the trial court: 
 
 In Kirsch v. Kirsch, 113 Cal. 56, 45 Pac. 164, an action to recover 
 
 the possession of real property, the Court said : 
 
 "The judgment entered In March, 1888, was appealed from by Mrs. 
 Kirsh. In 1890, less than three years before the application for the 
 order here appealed from, that judgment became final by affirmance in 
 this court. The action was then pending until June, 1890, and while 
 it was pending she could not acquire title by adverse possession, since 
 during the pendency of the appeal all rights under the judgment were 
 suspended." 
 
 In Fields v. Austin (Tex. Civ. App.) 30 S. W. 386, an action by 
 
 the guardian of minors to have land of their deceased father set aside 
 
 to them, the trial court, in its findings of law, which were approved 
 
 by the Court of Civil Appeals of Texas, said: 
 
 "I hold that appeal from the judgment of the county court suspended 
 the right of plaintiff to recover possession of the land until the case 
 was reversed by the judgment of the Supreme Court, and that limita- 
 tion had not begun to run until the rendition of the judgment of the 
 Supreme Court." 
 
 In Clark v. Bay Circuit Judge, 63 Mich. 35", 28 N. W. 894, an 
 application for a writ of mandamus recalling the execution on a judg- 
 ment rendered in an action of ejectment, the Court said: 
 
 "The question now arises as to when the one-year limit prescribed 
 by the statute begins to run. The relator claims it commenced at the 
 date of the entry of the judgment, April 15, 1SS4, while the plaintiffs 
 insist that the time was held in abeyance while the cause was removed 
 to and pending in this court, and until the judgment of this court af- 
 firming the judgment below, which was of date April 15, 1885. It seems 
 to me that the judgment intended by the statute is the final judgment 
 in the cause, and that there was no final judgment in this case until 
 April 15, 1885. * * * i think the time in this case should run from 
 the fifteenth of April, 1885." 
 
 In Miller v. Gist, 91 Tex. 335, 43 S. W. 263, it was held that during 
 the time of an appeal the Statute of Limitations is suspended but not 
 vacated. 
 See, also: 
 
 Nix V. Draughon, 54 Ark. 340, 15 S. W. 893; 
 
 Hesters v. Coats, 33 Ga. 448 ; 
 
 Williams v. Banks, 19 Md. 22; 
 
 Chouteau v. Rowse, 90 Mo. 191, 2 S. W. 209 ; 
 
 Martel v. Somers, 26 Tex. 551. 
 
 This rule is based upon the soundest reason. It is elementary that 
 when the Statute of Limitations has once commenced to run it will 
 not ordinarily be stopped, except by the bringing of a suit in a court 
 of competent jurisdiction. But when this suit is brought, what ar- 
 gument can be advanced for holding the Statute of Limitations in 
 
 390 
 
Ch. XXVI) THE BRIEF ON APPBAIi § 12 
 
 abeyance during the trial of the case in the lower court, and then al- 
 lowing it to run on again during the time the case is under considera- 
 tion by the appellate court? Yet this would be the effect of holding 
 that this case is barred by the Statute of Limitations. The plaintiff in 
 this case originally had six years within which to bring his action on 
 the promissory note, which six years expired September 4, 1906. The 
 first petition by plaintiff's attorney was filed May 5, 1906, about four 
 months before the time allowed by the Statute of Limitations expired. 
 The decision of this Court on the first appeal was rendered October 
 3, 1906. The filing of suit by plaintiff on May 5, 1906, certainly stop- 
 ped the running of the Statute of Limitations. The case was then 
 pending on trial and appeal from May 5, 1906, to October 3, 1906, 
 or nearly six months. Now if the Statute of Limitations is suspended 
 during the pendency of an appeal, as the foregoing cases unite in 
 holding, these six months during which the case was pending on ap- 
 peal must be excluded in computing the time during which the Stat- 
 ute of Limitations actually did run. Since, therefore, the plaintiff 
 had about four months before his claim would be barred by the Stat- 
 ute of Limitations when he filed his original petition, and the six 
 months immediately following were consumed by the appeal of the 
 case, it follows clearly that when the judgment of the Supreme Court 
 was rendered, October 3, 1906, he still had about four months within 
 which to sue, even if no amendment or new trial had been granted 
 him, for the Statute of Limitations was suspended during the time the 
 appeal was pending. In other words, so far as the Statute of Limi- 
 tations is concerned, if plaintiff filed his suit within the time allowed 
 by the Statute, and an appeal was taken from the judgment of the 
 trial court, he was entitled to be placed in statu quo after the decision 
 of the Supreme Court, because the running of the Statute is suspended 
 during the time occupied by appellate proceedings. And this is indeed 
 a just, as well as a necessary, rule. Very few cases are appealed 
 which would not be barred by the Statute of Limitations in the event 
 of a reversal by the Supreme Court, if the decision of the lower court 
 in the case at bar be followed. A plaintiff might have an eminently 
 just claim, but by reason of an erroneous decision of the trial court he 
 might easily be deprived of it altogether, as there would be absolutely 
 no advantage to be gained by appealing the case to a higher court 
 where justice might be done, because, even if such higher court de- 
 cided in his favor, when he re-entered the trial court he would find 
 his claim barred by the Statute of Limitations. Thus, instead of the 
 decision of the Supreme Court being superior to that of the trial court, 
 the order is reversed and for all practical purposes the decision of the 
 trial court is final, inasmuch as from the date of that decision the Stat- 
 ute of Limitations would again commence to run and would continue 
 to run notwithstanding the fact that an appeal was taken to the Su- 
 preme Court. But it is quite unnecessary to go further to show what 
 
 391 
 
§ 12 THE BRIEF ON APPEAL (Part V 
 
 great hardship and confusion would result from so obviously wrong a 
 doctrine. Immediately upon the decision of the Supreme Court being 
 handed down in this case, plaintiff, in accordance with that decision, 
 filed an amendment to his petition and began a new trial, although he 
 really had about four months still remaining before his cause of action 
 would have been barred by the Statute of Limitations. It is, there- 
 fore, earnestly contended that the lower court was in error in holding 
 that the plaintiff's cause of action was barred, and it is believed that 
 this Court will not do otherwise than to reverse the judgment of the 
 lower court and remand the case with directions. 
 
 CONCLUSION. 
 
 In conclusion, the attention of the Court is called to the three sep- 
 arate grounds hereinbefore laid down, any one of which, it is believed, 
 will be sufficient to secure a reversal of the decision of the lower court. 
 In brief, these grounds are : 
 
 I. The decision of the lower court should be reversed because it 
 was error to allow the defense of the Statute of Limitations to be 
 raised by demurrer, the rule of law being that that defense must be 
 specially pleaded if a party desires to avail himself of it. 
 
 II. The decision of the lower court should be reversed because the 
 amendment filed to the original petition did not set up a new cause of 
 action, and the rule' of law in case of such an amendment is that the 
 running of the Statute of Limitations is arrested at the date of filing 
 the original pleading. 
 
 III. The decision of the lower court should be reversed because 
 at the date of taking an appeal from the first decision of the trial court 
 in this case, holding that plaintiff's petition stated no cause of action, 
 plaintiff still had about four months, so far as the Statute of Limita- 
 tions was concerned, within which to bring a new action ; and the law 
 is that the running of the Statute of Limitations is suspended during 
 the pendency of an appeal. Therefore the four months above men- 
 tioned still remained to plaintiff within which to bring a suit, after 
 the decision of the Supreme Court, sustaining the holding of the 
 court below. 
 
 In addition to these grounds, the attention of the Court is called to 
 the proposition that if an appellate court decides that plaintiff's orig- 
 inal petition states no cause of action, but, believing that plaintiff may 
 have a meritorious cause of action, gives plaintiff the right to amend 
 his petition and a new trial, such appellate court will not subsequently 
 sustain a ruling of the lower court that the amended petition is barred 
 by the Statute of Limitations, where the original petition was not 
 barred, for to do so would be to deprive of efficacy its own previous 
 ruling. On the previous appeal of this case, the Supreme Court gave 
 plaintiff the right to amend his petition and a new trial. Appellee is 
 now before the bar of this Court asking that it render void and of no 
 
 392 
 
Ch. XXVI) THE BRIEF ON APPEAL § 12 
 
 effect its own previous ruling in the case. It seems reasonable to as- 
 sume that plaintiff was given the right to amend his petition in order 
 to avoid the necessity of bringing a new suit. If this had not been in- 
 tended, the Court would undoubtedly have stopped when it affirmed 
 the finding of the lower court, and plaintiff would have been compelled 
 to seek his remedy as best he could, possibly by a new suit. Instead 
 of doing this, however, the Supreme Court went further and granted 
 plaintiff the right to amend his petition and a new trial. When this 
 right was granted by the Supreme Court it was obligatory upon the 
 court below to see that it was not defeated. Both the letter and the 
 spirit of the decision of the Supreme Court were disregarded by the 
 action of the trial court in holding that plaintiff's cause of action was 
 barred by the Statute of Limitations. Plaintiff was not given a new 
 trial, but was thrown out of the lower court on the ground that his 
 amended petition was barred by the Statute of Ivimitations. This, in 
 effect, deprived him of the right to amend his petition, for if his 
 amendment had been properly allowed, it would have dated back to 
 the commencement of the original suit, which was brought within 
 the time prescribed by the Statute. If the cause of action was barred 
 by the Statute of Limitations when the Supreme Court directed that 
 plaintiff have another trial, the question may be asked : "Why, then, 
 did not the Supreme Court simply affirm the judgment for the de- 
 fendant?" Surely no object of justice could be furthered by having 
 plaintiff amend his petition and begin a second suit, if his cause of ac- 
 tion was already barred by the Statute of Limitations. In short, since 
 the Supreme Court directed that plaintiff have the right to amend his 
 petition and a new trial, it will see that such mandate is carried out 
 by the lower court. The Supreme Court will not sustain any holding 
 of the lower court by which justice is defeated or its order to the lower 
 court is avoided or altogether disobeyed. To do so would be to re- 
 linquish its own authority in favor of the lower court. Plaintiff, im- 
 mediately upon ascertaining the decision of the Supreme Court amend- 
 ed his petition and began a second trial, and, under these circumstances, 
 he is entitled to have a trial upon the merits of his cause of action. 
 
 It may be that defendant prefers to have this case decided upon 
 some theory which prevents the real merits of the case from being 
 considered, but this is not at all in accord with the tendency of great 
 modern jurists, who use every endeavor to see that justice is done 
 upon the merits of each individual case, and that no one may lose a 
 righteous cause of action through a mere inadvertence, not in any 
 way affecting the substantial justice of the case. In the language of 
 Circuit Judge Caldwell, in McDonald v. State of Nebraska, supra: 
 "There are in the history of the jurisprudence of every country cer- 
 tain epochs which mark the beginning of distinct trains of legal ideas 
 and judicial conceptions of justice. There was a time in England and 
 m this country when the fundamental principles of right and justice 
 
 393 
 
§ 12 THE BRIEF ON APPEAL (Part V 
 
 which courts were created to uphold and enforce were esteemed of 
 minor importance compared to the quibbles, refinements, and techni- 
 calities of special pleading. In that period the great fundamentals 
 of the law seemed little, and the trifling things great. The courts 
 were not concerned with the merits of a case, but with the mode of 
 starting it. And they adopted so many subtile, artificial and technical 
 rules governing the statement of actions and defenses — for the entire 
 system of special pleading was built up by the judges without the sanc- 
 tion of any written law — that in many cases the whole contention was 
 whether these rules had been observed, and the merits of the case 
 were never reached, and frequently never thought of. Happily for 
 mankind, and for the law itself, that epoch is past in England and in 
 this country, and We now have an epoch in which substance is more 
 considered than form, in which the justice and right of the case de- 
 termine its decision, and not some technical error or mistake in the 
 pleadings. In England to-day the amendment complained of in this 
 case would be allowed quite as a matter of course, and the sugges- 
 tion that defendant had gained some advantage by the mistake would 
 not be entertained for a moment. There, as here, every error or mis- 
 take in the pleadings which does not affect the substantial rights of 
 the adverse party may be cured by amendment; and what is meant 
 by substantial right is a right going to the actual merits of the case. 
 Such a right is not acquired by a mistake or error in pleadings which 
 has not misled the other party to his prejudice. And the prejudice 
 must be actual, and irreparable, and not merely theoretical. At this 
 day the party who seeks to profit by an error or mistake in pleading 
 must be able to invoke the principle upon which the law of estoppel is 
 founded. And the emotion of surprise, once so assiduously cultivated 
 by lawyers, has lost its virtue. Extreme sensitiveness to that emotion 
 no longer avails to turn a suitor out of court, or to delay justice." 
 
 It is, therefore, most earnestly urged by counsel for appellant that 
 in the light of the decisions above cited, and the manifest error of 
 the lower court, both in allowing the defense to be set up by demurrer, 
 and in holding that the cause of action was barred by the Statute of 
 Limitations, this Court will reverse the case with such directions as 
 justice and the law may require, and give the appellant the benefit of 
 a trial upon the real merits of the case. 
 Respectfully submitted, 
 
 CHARLES E. FEIRICH, 
 
 Attorney for Appellant. 
 394 
 
PART VI — APPENDIX 
 
 A MANUAL OF LEGAL BIBLIOGRAPHY 
 
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 (396) 
 
PART VI— APPENDIX 
 
 A MANUAL OF LEGAL BIBLIOGRAPHY 
 
 CHAPTER 1. 
 
 SPECIMEN BRIEF ON APPEAL. 
 
 As a further aid in the preparation of a good brief, there is ap- 
 pended the brief of appellant's counsel in Gonzalez v. Williams, 192 U. 
 S. 1, 24 Sup. Ct. 171, 48 L. Ed. 317, which complies with the require- 
 ments of rule 21 of the United States Supreme Court (3 Sup. Ct. xii). 
 The absence of a separate division, entitled "Specification of Errors," 
 is explained by the nature of the case, and the fact that there was 
 involved in the appeal only a single question, which is clearly and 
 specifically brought to the attention of the court in the "Statement of 
 the Case." 
 
 SUPREME COURT OF THE UNITED STATES. 
 
 OCTOBER TERM, 1903. 
 No. 225. 
 
 ISABEi.i<A Gonzalez, 
 
 Petitioner- Appellant, 
 
 vs. 
 
 William Williams, U. S. Commissioner of 
 Immigration at the Port of New York. 
 
 Statement of the Case. 
 
 This is an appeal by Isabella Gonzalez from an order of the Circuit Court 
 of the United States for the Southern District of New York dismissing a writ 
 01 Iwbeas corpus and remanding petitioner-appellant to the custody of the de- 
 fendant-appellee United States Commissioner of Immigration at the port of 
 New York (Record, fol. 21). 
 
 Brief Mak.(3d Ed.) (307) 
 
398 Appendix. (Part VI 
 
 The petition alleged that petitioner, Isabella Gonzalez, was a native-born in- 
 habitant of Porto Rico and was such at the time of the proclamation of the 
 Treaty of Paris (April 11, 1899); that upon arriving from said island of Porto 
 Rico on the 4th day of August, 1902, the said defendant had detained her in 
 custody, prevented her landing and was threatening to return her to Porto 
 Rico (Record, fol. 1). 
 
 The return of the defendant to the writ of Habeas Corpus alleged that 
 pursuant to the powers vested in him by the United States Immigration laws he 
 had detained said Gonzalez as an "alien immigrant," in order that she could be 
 returned as such in case it appeared probable that she might become a public 
 charge (Record, fol. 6). 
 
 The Circuit Court dismissed the writ on the ground that the petitioner not 
 having been born in the United States nor having ever been naturalized, retained 
 the same status that she had before the cession of Porto Rico by the Treaty of 
 Paris, consequently she was an alien and the Commissioner had jurisdiction to 
 detain or deport her (Record, fols. 15-17). 
 
 The sole question here involved is the alienage of appellant. 
 
 If she is not an alien the Commissioner admittedly had no jurisdiction and 
 the writ should not have been dismissed. 
 
 The law under which the Commissioner acted is as follows : 
 
 Act Cong. March 3, 1891, c. 551, § 1, 26 Stat. 1084 [U. S. Comp. 
 St. 1901, p. 1294] provides: 
 
 "That the following classes of aliens shall be excluded from admis- 
 "sion into the United States in accordance with the existing acts reg- 
 "ulating immigration other than those concerning Chinese laborers : 
 "All idiots, insane persons, paupers or persons likely to become a public 
 "charge. * * * 
 
 "Section 8. That upon the arrival by water at any place within the 
 "United States of any ahen immigrants, it shall be the duty of the com- 
 "manding officer and the agents of the steam or sailing vessel by which 
 "they came, to report the name, nationality, last residence and destina- 
 "tion of every such alien before any of them are landed. * * * 
 "All decisions made by the inspection officers or their assistants touching 
 "the rights of any alien to land, when adverse to such right shall be 
 "final unless appeal be taken to the Superintendent of Immigration, 
 "whose action shall be subject to review by the Secretary of the Treas- 
 "ury. It shall be the duty of the aforesaid officers and agents of such 
 "vessel to adopt due precautions to prevent the landing of any alien 
 "immigrant at any place or time other than that designated by the in- 
 "spection officers, and any such officer or agent or person in charge of 
 "such vessel who shall either knowingly or negligently land or permit 
 "to land any alien immigrant at any place or time," etc. 26 Stat. 1085 
 [U. S. Comp. St. 1901, p. 1298]. 
 
 "Section 10. That all aliens who may unlawfully come to the United 
 "States shall, if practicable, be immediately sent back on the vessel by 
 "which they were brought in. * * * " 26 Stat. 1086 [U. S. Comp. 
 St. 1901, p. 1299]. 
 
 "Section 11. That any alien who shall come into the United States 
 "in violation of law may be returned as by law provided," etc. 
 
Ch. 1) Specimen Brief on Appeal. 399 
 
 Introduction. 
 
 This case is noteworthy in that it involves much more than the liberty of 
 an individual. The answer to the question whether or not petitioner is an alien 
 must settle the status of all the native islanders who were in existence at the 
 time the Spanish possessions were annexed by the United States. 
 
 The "Insular Cases" have not determined the question nor are any of the 
 precedents to be found in our history precisely similar to the case of the Porto 
 Rican ante nati. This is due to the difference in the nature of our recent ac- 
 quisitions and those made formerly. 
 
 Of the Indian little need be said. Nomad tribes do not long survive the 
 contact with civilization. 
 
 The populations taken over from France and Mexico were insignificant in 
 number. They were, moreover, largely of Caucasian race and civilization, and 
 a growing stream of immigration soon made the new lands thoroughly Ameri- 
 can. Moreover, the two civilizations were in fact equal or nearly so, and the 
 treaties both of Paris (1800) and of Guadalupe Hidalgo (1848), recognized that 
 fact by according to the new inhabitants the rights of American citizens. Thus 
 the problem as to the legal status of the inhabitants of Louisiana and the ter- 
 ritory acquired from Mexico was solved or solved itself ab initio. The under- 
 lying theory upon which both treaties were based was "expansion" rather than 
 "imperialism." 
 
 But the problem of to-day cannot be solved either by extermination, as in 
 the case of the Indian, nor by assimilation, as in the case of the few Frenchmen 
 and Spaniards. Neither the methods of Miles Standish nor those of Jefferson 
 will suffice us now. We must move on a heretofore untrodden path and find 
 precedents upon which to base intelligent legislation and administration, not so 
 much in our own history as in that of other nations who have preceded us in 
 attempting to govern non-assimilable peoples. 
 
 In such an argument as this we must begin by defining the necessary terms, 
 otherwise we will end as do many legal discussions in having with much clamor 
 demolished a man of straw. 
 
 The object is to ascertain exactly what, under existing law, is the constitu- 
 tional and legal status of the Porto Rican born before April 11, 1899. To call 
 him a citizen when we are in hopeless disagreement as to the meaning of that 
 term will only result in creating added confusion. 
 
 If the Circuit Court was correct, then we have to-day a new and seemingly 
 paradoxical legal category of "American Aliens." The object of language is 
 to denote objectively existing facts or relations. What idea the mutually ex- 
 clusive term "American Aliens" can convey it is difficult to say. The man with- 
 out a country would thus be transferred from the realm of poetry into the do- 
 main of law, since an affirmance of the decision here appealed from would de- 
 clare the law of the United States, as expounded by its "highest tribunal, to be 
 that there exists under the jurisdiction of the United States a large class of 
 persons who are strangers and aliens here and in every other nation of the 
 globe. There can be nothing in law or in fact to justify or necessitate so ex- 
 traordinary a result. 
 
400 Appendix. (Part VI 
 
 Brief of the Argument. 
 
 I. — The petitioner-appellant cannot be sent back by the Immigration Bureau 
 unless she is an "alien immigrant." If she does not fall within that class the 
 statute cannot affect her; the Commissioner of Immigration had no jurisdiction, 
 and the writ should have been sustained. 
 
 II. — The petitioner is not an alien because on April 11, 1899, she ceased to 
 be a Spanish subject and her allegiance unquestioned, complete and permanent, 
 was transferred to the Government of the United States by the Treaty with 
 Spain proclaimed on that date. 
 
 This proposition is demonstrated by the following considerations: 
 
 (a) Allegiance is determinative of nationality or subjection. Our law of 
 nationality, i. e., the law which determines what persons are American nationals 
 as contradistinguished from foreigners or aliens was derived from and must 
 be examined in the light of the common law. That law makes nationality or 
 subjection dependent upon allegiance. 
 
 (fc) In the United States the tests as to what constitutes . "nationality" or 
 "subjection" are the same as the English common law. The problem has here 
 been confused, however, by the use of the word "citizen" in two senses. It is 
 generally and properly used to indicate the holder of political rights or priv- 
 ileges in a State ; as has been aptly said of a citizen in a democracy, "one who 
 possesses a homeopathically diluted dose of sovereignty." Such persons may 
 be accurately characterized as active citizens (burghers). The word has also 
 been used in its broad sense as denoting all members of the nation and in this 
 sense it has been considered as identical with subjection at the common law. 
 Such persons may be characterized as passive citizens. 
 
 In our history there have been two apparent exceptions to the rule that pas- 
 sive citizenship and subjection are identical, and we have had persons who 
 were neither citizens nor aliens. The free negroes under the Dred Scott de- 
 cision were held by this Court not to be citizens, even in the general sense, yet 
 they were not aliens but American nationals or subjects because their' allegiance, 
 complete and absolute was owing to the United States. Again, the Indian sepa- 
 rated from his tribe was not considered a citizen, yet he could not well have 
 been an alien, because he owed no other allegiance than to the United States. 
 
 Bk V. Wilkins, 112 U. S. 9i,,5 Sup. Ct. 41, 28 L. Ed. 643. 
 Karrahoo v. Adams, 1 Dill. 344, Fed. Cas. No. 7,614. 
 
 The Porto Rican is, therefore, under our law, a subject or national — the 
 only really debatable question being as to whether he is a citizen in the general 
 sense, having the civil rights and status of such or whether he is a mere sub- 
 ject like the free negro and the Indian above mentioned. In no event is he an 
 alien. 
 
 III. — The Judge at Circuit based his decision on the ground that the pe- 
 titioner, not having been born in the United States, nor naturalized by the Trea- 
 ty, must have retained her original status just as though Porto Rico had not 
 been annexed; consequently, she remained an alien. Granting argxiendo the 
 premises, the argument is fallacious in assuming that because the petitioner is 
 not a citizen, she is necessarily, and ipso facto an alien — no such alternative 
 exists. The cession changed her allegiance. That fact is indisputable. The 
 
Ch. 1) Specimen Brief on Appeal. 401 
 
 shifting of her allegiance changed her status from that of a Spanish national 
 into an American national. The Court below overlooked the fact that there 
 may be and have been subjects who are not citizens, and that the two are not 
 necessarily exclusive terms. Hence his error. The treaty cession, if it did not 
 naturalize the petitioner at least nationalized her. 
 
 IV. — This distinction between grades or classes of subjects or nationals is 
 illustrated in the history of other countries. The French courts have held Al- 
 gerians to be French subjects, in consequence of the de facto annexation of 
 Algeria — although in the absence of legislation or treaty they could not be 
 French citizens. 
 
 V. — A broad view of the Treaty leads to the conclusion that the natives were 
 not only nationalized, but collectively naturalized by the cession. 
 
 ARGUMENT. 
 
 I. 
 
 Jurisdiction of the Immigration Commissioner. 
 
 The Commissioner could have no jurisdiction unless the petitioner were an 
 alien. This is clearly stated by the learned Circuit Judge in the court below. 
 
 "The only question open for discussion on this application is whether 
 "or not petitioner is an alien. Upon all other questions the decision 
 "of the appropriate immigration officers, when adverse to the admission 
 "of the alien is made final, unless reversed on appeal to the Secretary of 
 "the Treasury. Act Aug. 18, 1894, c. 301, 28 Stat. 390 [U. S. Comp 
 "St. 1901, p. 1303]. 
 
 "It is true that this Court held to the contrary in Re MartorelU (C. 
 "C.) 63 Fed. 437, following In re Panzara (D. C.) 51 Fed. 275, but 
 "the Act of 1894 was not before it. The MartorelU Case was decided 
 "in October, 1894, before the statutes of that year were published" 
 (Rec, fols. 15-17). 
 
 II. 
 
 The cession of Porto Rico definitely transferred the allegiance of the na- 
 tive inhabitants from Spain to the United States. 
 
 The Treaty with Spain of December 10, 1898, provides that: 
 
 "Article II. 
 
 "Spain cedes to the United States the Island of Porto Rico and oth- 
 "er Islands now under Spanish sovereignty in the West Indies, and the 
 "Island of Guam in the Marianas or Uadrones." 
 
 "Article III. 
 
 "Spain cedes to the United States the archipelago known as the 
 "Philippine Islands, and comprehending the Islands lying within the 
 "following line: * * *" 
 Bkief Mak.(3d Ed.)— 26 
 
402 Appendix. (Part VI 
 
 "Article IX. 
 
 "Spanish subjects, natives of the Peninsula, residing in the territory 
 "over which Spain by the present treaty reHnquishes or cedes her sov- 
 "eignty, may remain in such territory or may remove therefrom, re- 
 "taining in either event all their rights of property, including the right 
 "to sell or dispose of such property or of its proceeds; and they shall 
 "also have the right to carry on their industry, commerce and profes- 
 "sions, being subject in respect thereof to such laws as are applicable 
 "to other foreigners. In case they remain in the territory they may pre- 
 "serve their allegiance to the Crown of Spain by making, before a Court 
 "of Record, within a year from the date of the exchange of ratifications 
 "of this treaty, a declaration of their decision to preserve such allegiance ; 
 "in default of which declaration they shall be held to have renounced it 
 "and to have adopted the nationality of the territory in zuhich they may 
 "reside." 
 
 "The civil rights and political status of the native inhabitants of the 
 "territories hereby ceded to the United States shall be determined by 
 "the Congress." 
 
 The treaty thus definitely accomplishes one legal result, it transfers the 
 sovereignty of Spain over the Islands and their peoples to the United States 
 and with such sovereignty necessarily the allegiance of the people, natives of 
 Spain alone possessing the right to preserve their Spanish allegiance upon 
 complying with the requirements of the treaty. The Porto Ricans have thus 
 ceased to owe allegiance to Spain and now owe it to the United States. What- 
 ever consequences follow from this fact cannot be avoided. But their alle- 
 giance or subjection having been transferred, they necessarily have become Unit- 
 ed States nationals or subjects. No other conditions are necessary to consti- 
 tute American nationality. 
 
 The islanders cannot be aliens unless they owe allegiance to some other 
 government, and even the most advanced anti-Imperialist will not contend that 
 they are still subject to Spain, however much he may deprecate the making of 
 the Treaty of Paris. 
 
 The man without a country is not known to law. Having ceased to be 
 Spanish subjects or nationals, Porto Ricans are no longer aliens and have be- 
 come United States nationals or subjects. 
 
 The treaty actually accomplished a cession of the territory and a transfer 
 of allegiance. It made the territory domestic territory. De Lima v. Bidwell, 
 183 U. S. 1, 21 Sup. Ct. 743, 45 L. Ed. 1041. The reservation as to political 
 status and civil rights cannot change that cardinal fact. The country ceased 
 to be a foreign country, yet Judge Lacombe holds the native inhabitants to be 
 foreigners. 
 
 Aliens are merely foreigners residing or sojourning in the United States. 
 An alien is necessarily a foreigner and must owe allegiance to another country. 
 
 "An alien is a foreigner, a person resident in one country but owing 
 "allegiance to another." Ency. Law, Alien. 
 
 "Alien, not belonging to the same country, land or government or 
 "the citizens or subjects thereof; foreign; as alien subjects, enemies, 
 
Ch. 1) Specimen Brief on Appeal. 4-03 
 
 "property, shores; wholly different in nature; foreign; adverse." 
 Webster's International Dictionary. 
 
 "Alien, a stranger born ; a person born in another or foreign country 
 "as distinguished from a native or natural born subject or citizen; in 
 "English law, one born out of the legiance or allegiance of the king; in 
 "American law, one born out of the jurisdiction of the United States. 
 "2 Kent's Com., 50. Alien and Foreigner are synonymous terms. 
 "Spratt's Lessee v. Spratt, 1 Pet. 343, 7 L,. Ed. 171." Burrill's Eaw Dic- 
 tionary. 
 
 When the Porto Rican ceased to owe allegiance to Spain, it is difficult to 
 see how he could still remain a foreigner. He was an inhabitant of domestic 
 territory. Certainly he occupied a different relation to the United States from 
 that which he had previously sustained. He became subject to its laws and 
 its exclusive sovereignty. These facts must have some significance. 
 
 The treaty could not take away his Spanish allegiance, transfer it to the 
 United States and leave him unaffected. 
 
 The status of alienage or non-alienage depends upon facts. The facts ac- 
 complished by the treaty were none the less facts because the power was re- 
 served to Congress to pass upon the status of the Islanders. Congress cannot 
 make red men white men, even by Joint Resolution, nor can they make Porto 
 Ricans aliens by calling them such. In order to become aliens they would have 
 to pass under another domination. They might be transferred to Spain or 
 ceded to some other power or given independence, but until then they are and 
 must remain United States nationals. 
 
 The fact of alienage necessarily involves the idea of a power to whom al- 
 legiance is due. But no man or woman can owe the debt of allegiance without 
 an equivalent. Who feels the advantage should also bear the burden, says the 
 old adage ; but it is equally true that he who is called to bear the burden should 
 derive some benefit or compensation therefrom. What "commodum" or ad- 
 vantage does the appellant reap from her situation? To whom does she owe 
 allegiance, outside of the United States? What nation in the wide world will 
 raise, nay, will be permitted by us to raise a finger or even a voice in behalf of 
 this woman if she is injured in her property and restrained in her hberty? What 
 flag may she look to in her necessity, outside the flag of the United States? 
 Against what Government or nation may she commit treason? And if she 
 should commit such acts, in Porto Rico, against the sovereignty of the United 
 States as constitute that crime, would she go unwhipped of justice because she 
 had not been naturalized a citizen of the United States? 
 
 If it should be claimed that a Treaty alone and without an act of Congress 
 cannot raise her out of her condition as a derelict alien, it is plain that such a 
 claim cannot be sustained. The Treaty became from the date of its ratifica- 
 tion the supreme law of the land, and the language here is plain and unequivo- 
 cal. Spain cedes to the United States the Island of Porto Rico and other is- 
 lands now under Spanish sovereignty in the West Indies. This cession, accept- 
 ed as it was, by the United States, necessarily transferred the sovereignty to 
 this Government. That sovereignty plainly is, as it must be, exclusive of any 
 foreign power. 
 
 Either Miss Gonzalez is an undefined waif, on the sea of political uncer- 
 tainty, or she belongs to the United States, and may look to it for protection 
 against injury, for redress where wrong has been done and for assistance where 
 
404 Appendix. (Part VT 
 
 it may be needed against any Government of the earth, Spain included. The 
 new master, viz., the United States, takes her allegiance with a burden, and 
 having deprived her of all claim on the old master, has taken his place. 
 
 Other clauses of the Treaty make these considerations even more obvious 
 than they might be if unaided by the terms of that instrument. To some ex- 
 tent, at least, the contracting parties had in contemplation the possible rights 
 of the Spanish citizens who were transferred to a new sovereignty. There is 
 a saving clause allowing an option to Spanish subjects, natives of the Peninsula, 
 residing in the territory over which Spain by the Treaty relinquished or ceded 
 her sovereignty. Such residents might preserve their allegiance to the Crown 
 of Spain by making before a court of record a declaration of their intention to 
 preserve such allegiance; otherwise they would be held to have renounced it 
 and to have adopted "the nationality of the territory" in which they might re- 
 side. 
 
 "Manifestly the nationality of the ifihabitants of territory acquired 
 "by conquest or cession becomes that of the government under whose 
 "dominion they pass subject to the right of election on their part to re- 
 "tain their former nationality by removal or otherwise, as may be pro- 
 "vided." 
 
 Boyd V. Thayer, 143 U. S., at page 162, 12 Sup. Ct., at page 382, 
 36 h. Ed. 103. 
 
 This clause may not directly assist Miss Gonzalez, for she is not a native 
 of the Peninsula, and if she were, she has not availed herself of the privilege 
 of filing the necessary declaration within the year. But is it not quite palpable 
 that she has become vested with the same "nationality" as the Spanish native of 
 the Peninsula who has chosen to sever his connection with Spain by failure to 
 file the necessary declaration? It can hardly have been in the contemplation 
 of the parties to the treaty that she and those similarly situated should be with- 
 out any "nationality" whatever, while other ex-Spaniards assumed by their 
 non-action the nationality of the territory in which they happened to reside. 
 It seems plain that the intention was to make nationality the rule upon which 
 the sole exception engrafted, was that in behalf of the native of the Peninsula. 
 If he was satisfied with the "nationality" of American Porto Rico, he need only 
 abstain from acting at all and the general rule of nationality applied to him. 
 
 III. 
 
 Allegiance determines Nationality. 
 
 (a) Nationality, broadly speaking, means simply membership in some po- 
 litical community. In the ancient world it was dependent upon descent (citi- 
 zenship jure sanguinis) the State being based on the clan, i. e., tribal law. The 
 descendant of a citizen was always a citizen wherever born, and the descendant 
 of a foreigner always a foreigner, unless actually naturalized by positive legis- 
 lation. At Rome the rule was "once a peregrine always a peregrine." The 
 Jus Sanguinis thus inherited from the Roman law became the law in Europe, 
 but for obvious historic reasons never took root in England. In that country 
 the rule of Jiis Soli, i. e., subjection or citizenship because of birth within the 
 King's allegiance and dominion, was the law from the time of the Norman 
 Conquest. As Prof. Pollock says: 
 
Ch. 1) Specimen Brief on Appeal. 405 
 
 'A foreigner at the head of an army recruited from many lands 
 "conquered England, became King of the English and endowed his 
 "followers with EngHsh lands. For a long time after this there could 
 "be little law against aliens, there could hardly be such a thing as Eng- 
 "lish nationality" (History of the English Eaw, vol. I, p. 443) 
 
 Thus it came about that by the English law : 
 
 "As regards the definition of the two great classes of men which 
 "have to be distinguished from each other, the main rule is very simple. 
 "The place of birth is all important. A child born within any terri- 
 "tory that is subject to the King of England is a natural-born subject of 
 "the King of England" (Id., p. 441). 
 
 Coupled with this rule, which has continued in England to be the law down 
 to the present, was the doctrine of indelible allegiance and consequent denial 
 of the right of expatriation. Hence the rule "once a subject always a subject" 
 — but this doctrine was modified so that the right to change one's allegiance 
 was finally recognized by allowing British subjects to expatriate themselves 
 and aliens to become subjects by letters patent from the Crown or by Act 
 of parliament, i. e., by denization or naturalization. 
 
 Thus the sole requisite necessary to constitute a British subject is allegiance 
 or subjection. This subjection, whether due to birth within the King's domin- 
 ion or to a transfer of allegiance from a foreign sovereignty to English sov- 
 ereignty, is the one essential requisite for determining the nationality of the 
 individual. Either he owes allegiance to the sovereign or he does not. In the 
 one case he is a subject, in the other he is an alien. It is quite evident that 
 these two categories include all men and leave no middle class. 
 
 Whatever number of classifications may exist as to subjects and what rights, 
 civil or political, belong to each class or how diverse may be the privileges ac- 
 corded by law or treaty to aliens of one nation or another, the English rule 
 leaves no room for quibble as to who are aliens and who are subjects. 
 
 It is quite clear that by the common law a change of sovereignty from a 
 foreign domination makes the inhabitants, both ante nati and post nati, British 
 subjects. 
 
 "Naturalization by conquest was the consequence of that change 
 "in the law of war by which the conqueror instead of gaining captives 
 "and slaves and property, obtained dominion and subjects. This was 
 "the law soon after the arrival of the Normans in England, and was 
 "certainly understood to be so as early as the reign of Henry II, when 
 "the people of Ireland became his subjects from the conquest of the 
 "island. Lord Coke mentions in his report of Calvin's Case, among the 
 "ways by which the denization of an alien may be effected — that of con- 
 "quest. 
 
 " As if the King and his subjects should conquer another kingdom 
 " 'or dominion, as well ante nati as post nati, as well they which fought 
 " 'in the field, as they which remained at home for the defense of their 
 " 'country, or employed elsewhere, are all denizens of the Kingdom or 
 " 'dominion conquered^' " Coke's Reports, Part VII, folio 6 * * * 
 "by such operation of law it is not too much, to assert, said Chalmers 
 "in 1814, that there had been acquired to the British Empire since the 
 "commencement of the present reign forty millions of subjects." (Chal- 
 mers' Colonial Opinions, 663) Lawrence's Wheaton. Appendix, p. 894. 
 
406 Appendix. (Part VI 
 
 The English rule on the subject is admirably expounded by Lord Mansfield 
 in Campbell v. Hall, 1 Cowper's Reports, 204 (1774). This was an action 
 against the collector of customs of the Island of Grenada to recover certain 
 duties there levied in accordance with a Royal decree. The case thus involved 
 the question as to the power of the Crown over captured territory, Grenada 
 having been captured from the French and Parliament having taken no action 
 in regard thereto. 
 
 "The special verdict then states some articles of the capitulation. 
 "* * * It next states the 6th Article where to a demand of the in- 
 "habitants of Grenada, requiring that they should be maintained in their 
 "property and effects, etc., the answer is the inhabitants being subjects 
 "of Great Britain, will enjoy their properties and privileges in like man- 
 "ner as the other, his majesty's subjects, in the other British Leeward 
 "Islands ; so that the answer is that they will have the consequences of 
 "thei/r being subjects, and that they will be as much subjects as any of 
 "the other Leeward Islands." 
 
 Lord Mansfield then states general propositions governing such a case. 
 
 "A country conquered by the British Arms becomes a dominion of 
 "the King in the right of his crown; and therefore, necessarily subject 
 "to the legislature, the ParHament of Great Britain." 
 
 "The 3nd is, That the conquered inhabitants once received under the 
 "King's protection, became subjects, and are to be universally considered 
 "in that light, not as enemies or aliens." 
 
 The converse of this proposition is equally true. It is so stated by the 
 eminent English commentator on International Law, Westlake. 
 
 "The cession of a British territory, or the acknowledgment of its 
 "independence, causes the loss of their British nationality by all per- 
 "sons domiciled within it at the date of the cession." 
 
 Int. Private Law, 203. 
 
 Doe V. Acklam, 2 B. & C. 779, held that all British subjects in Amer- 
 ica became aliens on the signing of the treaty recognizing American 
 independence. 
 
 In the case of the Stepney Election Petition, 1886, 17 Q. B. D., 64, it was 
 held that Hanoverians, born before the accession of Victoria, were British 
 subjects, not aliens, but by the separation of the Crown they became aliens and 
 could not vote in England. Lord Coleridge there said : 
 
 "It has long been settled that while the crowns of the countries, 
 "are held by the same persons the inhabitants of the two countries are 
 "not aliens in the two countries respectively. * * * " 
 
 "The Hanoverian by birth who had needed no naturalization in 
 "the lifetime of William IV needed it when the Hanoverian heir and 
 "the successor of that monarch was no longer the sovereign of these 
 "islands. * * * jjg became an alien because the sovereign to whom 
 "his allegiance was due became a foreign sovereign; * * * The 
 "crowns had by accident, been united in one person, but when the union 
 "of the crowns came to an end, the union of allegiance ceased too." 
 
Ch. 1) Specimen Brief on Appeal. 407 
 
 Thus the English law both ancient and modern is quite plain. Had 
 Spain ceded Porto Rico to England in the same manner as she did to the 
 United States, no possible doubt could have existed that the native inhabitants 
 were British subjects. No question could have arisen here had it not been 
 for the ambiguous meaning of the term citizen in American law. 
 
 The United States Government did not claim until this case arose that the 
 islanders were aliens. The Attorney-General in the Insular cases took the po- 
 sition that they were subjects. 
 
 "To be called an American subject is no disgrace. The term does 
 "not imply anything as to the nature or form of the Government of 
 "which one is a subject. It imports only that a person is within the 
 "protection and allegiance, — either permanent or temporary — of a par- 
 "ticular sovereignty; it may be imperial or it may be republican. It 
 "does not signify in any degree the grade or status of citizenship oc- 
 "cupied by the person within the domestic economy of his sovereign." 
 
 "The Insular Cases." Brief of Atty-Gen., 172. 
 
 (J) The question as to the meaning of the term citizen and what constitutes 
 citizenship under the United States Constitution and laws, must be examined in 
 the light of the EngHsh law. 
 
 U. S. z/.Wong Kim Ark, 169 U. S. 655, 18 Sup. Ct. 456, 42 L. 
 Ed. 890. 
 
 See also. 
 
 Minor v. Happersett, 31 Wall. 162, 22 L. Ed. 637. 
 Boyd V. U. S., 116 U. S. 616, 6 Sup. Ct. 524, 29 L. Ed. 746. 
 B^ parte Wilson, 114 U. S. 417, 5 Sup. Ct. 935, 39 L. Ed. 89. 
 Smith V. Alabama, 134 U. S. 465, 8 Sup. Ct. 564, 31 L. Ed. 508. 
 Moore v. U. S., 91 U. S. 370, 33 h- Ed. 346. 
 
 "The interpretation of the Constitution of the United States is nec- 
 "essarily influenced by the fact that its provisions are framed in the 
 "language of the English common law and are to be read in the light 
 "of its history." 
 
 Justice Matthews in Smith v. Alabama, 134 U. S. 478, 8 Sup. Ct. 
 569, 31 L. Ed. 608. 
 
 "British subject means any person who owes permanent allegiance 
 "to the crown" (Dicey, Conflict pf Eaws, 173-177). "Nationality or 
 "Allegiance in substance depended * * * not upon the locality of a 
 "man's birth, but upon his being born within the jurisdiction and al- 
 "legiance of the King of England." 
 
 "The term 'citizen' as understood in our law is precisely analogous 
 "to the term 'subject' in the common law, and the change of phrase has 
 "entirely resulted from the change of Government." United States v. 
 Wong Kim Ark, 169 U. S., at pages 657, 658-664, 18 Sup. Ct., at pages 
 460, 463, 43 L. Ed. 890. 
 
 In a very recent case this Court again said : 
 
 "The term 'citizen' in our law is precisely analogous to the term 
 " 'subject' in the common law and the change of phrase has entirely re- 
 
408 Appendix. (Part VI 
 
 "suited from the change of government. The sovereignty has been 
 "transferred from one man to the collective body of the people and a 
 " 'subject' of the king is now a 'citizen' of the State." 
 
 Hennessy v. Drug Co., 189 U. S., at pages 34, 35, 23 Sup. Ct., at 
 pages 533, 534, 47 L. Ed. 697. 
 
 That the terms citizen and subject are at present identical in meaning is 
 clear from Minor v. Happersett, 21 Wall. 162, 22 L. Ed. 627. 
 
 "The very idea of a political community, such as a nation is, implies 
 "an association of persons for the promotion of their general welfare. 
 "Each one of the persons associated becomes a member of the nation 
 "formed by the association. He owes it allegiance and is entitled to its 
 "protection. Allegiance and protection are, in this connection, reciprocal 
 "obligations. The one is a compensation for the other; allegiance for 
 "protection and protection for allegiance. 
 
 "For convenience it has been found necessary to give a name to this 
 "membership. The object is to designate by a title the person and the 
 "relation he bears to the nation. For this purpose the words 'subject,' 
 " 'inhabitant' and 'citizen' have been used and the choice between them is 
 "sometimes made to depend upon the form of the government. Citizen 
 "is now more commonly employed, however, and as it has been consid- 
 "ered better suited to the description of one living under a republican 
 "government, it was adopted by nearly all the States upon their separa- 
 "tion from Great Britain, and was afterward adopted in the Articles of 
 "Confederation and in the Constitution of the United States. When 
 "used in this sense it is understood as com>eying the idea of member- 
 "ship of a nation and nothing more" (pp. 165, 166 of 21 Wall. [22 L. 
 Ed. 627]). 
 
 As has been tersely said by an eminent publicist: 
 
 "The law knows nations only as political communities, as sovereign 
 "and independent States. Nationality, therefore, as a legal attribute of 
 "persons, is connection with a certain body politic, membership in a 
 "particular State. The members of a State are called its subjects or 
 "citizens. The former term, if properly construed, is applicable to the 
 "people of any nation without regard to the form of government, for 
 "every State is based upon the relation of its members to its sovereign. 
 "But the word subject has become historically associated with the theo- 
 "ries of feudal and absolute monarchy, and has thus fallen into disfavor." 
 
 (Encyclopaedia Political Science and United States History, ar- 
 ticle Nationality, by Munroe Smith.) 
 
 Mr. Butler in his recent work says that the word nationality is used to 
 "distinguish the people of the United States as a people rather than as 
 "a race ; the people of the United States forming as they do, a nation, 
 "are necessarily composed of many races — Christian and Mohammedan 
 " — Anglo-Saxon, Teutonic and Latin — Jew and Gentile — ^all of these, 
 "as well as other racial elements, unite in forming one people as a na- 
 "tion; in this sense therefore 'nationality' signifies as to the people, 
 "the element of homogeneity by which all these people are united, re- 
 
Ch 1) Specimen Brief on Appeal. 
 
 409 
 
 "gardless of internal and sectional differences, into a great nation, ow- 
 "ing allegiance to a common government as against all of the other 
 "governments of the world." 
 
 Butler, Treaty Making Power, p. 16m., vol. I. 
 
 Summing up on this point it seems perfectly clear that the transfer of the 
 allegiance of the native inhabitants made them subject to the jurisdiction of the 
 United States; they were no longer foreigners, or aliens, but became subjects 
 or nationals. This is enough for the purpose of the case, but the matter is of 
 such importance that the question may perhaps be elucidated by inquiring 
 whether, if having ceased to be aliens, they have become citizens or whether 
 they form a class of nationals who are not also citizens. 
 
 IV, 
 
 The change of allegiance, while it made the Porto Rican born before the 
 cession a national or subject, did not necessarily make him a citizen. 
 
 The steps by which the Circuit Judge reached his conclusion that the peti- 
 tioner was an aHen are as follows: 
 
 I. — The inhabitants of Porto Rico were aliens prior to the ratification of 
 the Treaty of Paris, April 11, 1899. 
 
 II. — As such alien inhabitants they could only become citizens of the United 
 States by naturalization. 
 
 III. — The petitioner having been born before the treaty, must show that 
 she has been naturalized. She could invoke no law save the treaty of annexa- 
 tion. But conceding the possibility of collective naturalization by treaty, the 
 Treaty of Paris expressly reserved the "civil rights and political status of the 
 native inhabitants" to the future action of Congress. 
 
 IV. — Congress not having legislated as to the naturalization of Porto Ricans, 
 they have not become citizens ; therefore, their original status remains unaffected 
 and they are aliens. Or to use- the learned Judge's exact language : 
 
 "Being foreign born and not naturalized, she remained an alien and 
 "subject to the provisions of law regulating the admission of aliens 
 "who come to the United States" (Record, p. 16). 
 
 Thus, according to this decision, there is no middle ground between citizens 
 and aliens, and any one who is not an American citizen is necessarily an alien. 
 
 "An America alien" certainly would seem, at least to one unaccustomed to 
 some of the startling paradoxes of the law, a strange and monstrous ca.tegory. 
 Is it a logical result? We think not, and for the following reasons: 
 
 It is true that the ninth clause of the Treaty provides that the civil rights 
 and political status of the native inhabitants of the territories ceded to the 
 United States shall be determined by Congress. But this determination be- 
 longed to Congress in any event. It may plausibly be contended that the natives 
 of Porto Rico did not become "citizens" by virtue of the Treaty, for the Treaty 
 does not in terms make, or profess to make, them such. It would be enough 
 for our purpose that it "nationalizes" them, which may be quite different in its 
 effect from "naturalizing" them. 
 
410 Appendix. (Part VI 
 
 If there is no diflference between a national and an alien it was quite pos- 
 sible to exclude Miss Gonzalez from our country, because she had not gone 
 through the forms of naturalization and renounced her allegiance to some for- 
 eign power which she would have found it difficult to name. If she had named 
 Spain, which had rejected and repudiated her, an element of humor might be 
 injected into the case, but would not relieve it of its difficulties. 
 
 "The political status and civil rights" having been reserved for the future 
 action of Congress, it is possible to argue that no naturahzation has taken 
 place; it has, however, already been shown that the Porto Ricans were na- 
 tionalized, that is to say, their allegiance transferred, but as nationalization 
 does not necessarily mean naturalization, it may well be that they occupy an 
 intermediate status between citizens of the United States and aliens. In other 
 words, they are certainly entitled to the protection of the government, and, 
 as far as foreign nations are concerned, are Americans, yet they may not be 
 vested with all the rights of citizens of the United States. 
 
 What these rights of citizens of the United States are, it is very difficult to 
 determine. The trend of doctrine in the Supreme Court of the United States 
 seems to be that most of the rights of citizenship are under the protection of 
 the States themselves, that civil liberty was not nationalized by the Fourteenth 
 Amendment, and that only such rights as are expressly secured by the Con- 
 stitution of the United States belong to the citizen; that for the vindication 
 of all others he must look to the State. Thus the citizen of the United States 
 who is not also a State citizen, but an inhabitant of a Territory, holds his 
 rights subject to the discretion of Congress, except in so far as that, body may 
 be limited by the express mandates of the Constitution. Civil Rights Cases, 
 109 U. S. 3, 3 Sup. Ct. 18, 27 L. Ed. 835. 
 
 In the recent case of Maxwell v. Dow, 176 U. S. 581, at pages 588, 589, 
 30 Sup. Ct. 448, at pages 451, 452 (44 L. Ed. 597), the Court quotes, with ap- 
 proval, the language of Mr. Justice Miller in the Slaughter House Cases, 16 
 Wall. 36, 21 ly. Ed. 394, referring to section 2 of the fourth article of the Con- 
 stitution, wherein it is provided that the citizens of each State shall be entitled 
 to all the privileges and immunities of citizens of the several States. The 
 Court says : 
 
 "We feel no hesitation in confining these expressions to those priv- 
 "ileges and immunities which are in their nature fundamental; which 
 'belong of right to the citizens of all free governments, and which 
 'have at all times been enjoyed by citizens of the several States which 
 'compose this Union from the time of their becoming free, independent 
 "and sovereign. What these fundamental principles are it would be 
 "more tedious than difficult to enumerate. They may, however, be all 
 "comprehended under the following general heads: Protection by the 
 "government; * * * The enjoyment of life and liberty with the 
 "right to acquire and possess property of every kind, and to pursue and 
 "obtain happiness and safety, subject, nevertheless, to such restraints as 
 "the government may prescribe for the general good of the whole." 
 
 It is thus apparent that the rights of citizens of the United States are almost 
 impossible of definition. The general right to life, Hberty and property, pro- 
 vided for by the Constitution and more specifically by the ten Amendments 
 in favor of civil liberty, applies to all men alike, whether citizens or aliens. 
 
Ch. 1) Specimen Brief on Appeal. 411 
 
 Wong Wing v. U. S., 163 U. S. 238, 16 Sup. Ct. 977, 41 Iv. Ed. 140. See, al- 
 so, Woodrow Wilson, The State, p. 498, § 917. 
 
 The only positive right conferred by the Constitution upon a citizen as such 
 seems to be the right to sue in a Federal Court. This was the right which it 
 was held that Dred Scott did not possess because not a citizen. Thus, as far as 
 the Government of the United States is concerned, the inhabitants of the Is- 
 lands, assuming them to be nationals, but not citizens, could hardly be said to 
 have any lesser civil rights in fact than full citizens of the United States. While 
 they could not sue in Federal Courts, this would scarcely be an additional bur- 
 den to those that remained at home, because this right only belongs to a citizen 
 of the United States residing in a State. It is not possessed by the residents of 
 the District of Columbia, nor of the Territories of the United States. 
 
 As far as the action of the States themselves is concerned, the matter be- 
 comes somewhat more complicated. One of the most natural illustrations is 
 as to the holding of real estate in the various States. In many of our States 
 there exists as an obsolete remnant of the old and barbarous Droit-d' aubaine, 
 the law by which an alien holder of real estate is subject to an action of for- 
 feiture. This rule, according to the learned Mr. Pollock, arose historically 
 from the habit of the English Crown of confiscating the estates of Norman nobles, 
 situated in England, who swore allegiance to the Crown of France after the sepa- 
 ration of Normandy from England. This practice ripened with time into a gen- 
 eral rule of law. Its illustrious origin has long been forgotten, and it now re- 
 mains as a remnant of ancient, time-honored law. History of the English Law, 
 Vol. I, 441-50. 
 
 It is to be noted, however, that the right to hold real estate free from any 
 interference on the part of the Government is not a right inherent in the citizen 
 as such, but that the prohibition is simply a disability of alienage. Thus, if our 
 theory be correct, a Porto Rican might well hold real estate in the City of New 
 York, free from molestation by the Attorney-General, because, even if not con- 
 sidered a citizen, he certainly is not an alien, and, therefore, not under the con- 
 sequent disabilities. 
 
 It is thus apparent that there are very few, if any, civil rights which in 
 such a view he would not have in common with citizens. 
 
 As to political rights, however, the situation is entirely different. Usually, 
 though not always, the right to vote in the various States is conditioned upon 
 citizenship of the United States, and, if our theory be correct, statutes to this 
 effect might not apply to a Porto Rican national, and thus in the absence of 
 State legislation, especially made to fit his case', he would not be allowed to 
 vote in the States. As some of the States, however, allow aliens to vote, after a 
 declaration of intention to become citizens, this disability could and would easily, 
 if the State desired it, be removed for the benefit of those of our new inhab- 
 itants who desired to settle in the States. 
 
 As a writer on International Law recently put it (Mr. Randolph, in his ex- 
 cellent article on "The Insular Cases"), "There is nothing in the Constitution 
 of the United States to prevent a State from inviting an immigrant to go from 
 the wharf to the polls and vote for presidential electors." Columbia Law Review. 
 
 It is thus manifest that the distinction here made between aliens and nationals 
 is very important for the Islanders themselves, and if held sound by the Su- 
 preme Court of the United States, they will not be under the disability of alien- 
 
412 Appendix. (Part VI 
 
 age and will enjoy nearly, if not quite, all the ordinary civil rights pertaining to 
 the citizen. 
 
 On the other hand, the distinction between the two classes of nationals, 
 namely, citizens of the United States, that is to say, those born or naturalized 
 within the United States, and those not born or naturalized therein, but owing 
 allegiance thereto, is important. If Porto Ricans are not citizens of the United 
 States, all the political privileges accorded by law to citizens as such would 
 not apply to them, and thus in the absence of special legislation they would 
 have no political rights in the various States until the States chose to change 
 their legislation. In so far as the Islanders remaining at home are concerned, 
 they would, in any event, be subject to the complete control of Congress in the 
 matter of political rights, the Constitution placing no Hmitation upon Con- 
 gress, acting in and for the Territories, in that respect. In this regard they 
 would be under no greater political disability than inhabitants of the District 
 of Columbia. 
 
 It seems to us that this conclusion harmonizes with the general theory of 
 the Treaty makers and the general policy of the government, which is to confer 
 the ordinary civil rights upon the new inhabitants, while withholding from them 
 all political privileges. 
 
 It may be asked whether they have the right to trial by jury and to the other 
 civil rights guaranteed by the Constitution. It is sufficient to say that these 
 rights are in no wise dependent, either upon citizenship or alienage. They are 
 accorded to all persons within the United States — although that term is now im- 
 possible of delimitation. Insular Cases, 182 U. S. 1-391, 21 Sup. Ct. 743- 
 827, 45 L. Ed. 1041-1146. 
 
 It is quite possible, however, that the Supreme Court might decide that 
 some of these limitations were only operative upon Congress when acting within 
 the United States, in the narrow sense, proper, and that, therefore, they did not 
 apply to the new inhabitants. Territory of Hawaii v. Osaki Mankichi, 190 U. 
 S. 197, 33 Sup. Ct. 787, 47 L. Ed. 1016. It is thus seen that this question is 
 entirely beside that of citizenship or alienage and has only to do with the ap- 
 plicability of certain portions of the constitution when limiting the power of 
 Congress in legislating for the new territory. 
 
 This theory, while according to our new nationals certain rights, and con- 
 ferring upon them a country, does not in any way interfere with the policies of 
 the people of the United States by giving to the new peoples any political power, 
 and hence any voice as to our government or institutions. They are alike cut 
 off, in both cases, from any injurious interference in the destinies of the nation. 
 
 It is evident that there may be various gradations or subdivisions of subjec- 
 tion. Subjects may possess varying degrees of civil or political rights as is 
 well said by one of the latest writers upon the subject. 
 
 "Generally the term citizen is used in regard to the 'national' in- 
 "vested with all civil and political rights. We must not, however, con- 
 "fuse, as is too often done, these two terms. Every national indeed is 
 "not a citizen, although every citizen is a national. In France, for in- 
 "stance, minors, married women and incompetents are not citizens, but 
 "they nevertheless possess French nationality; they are deprived of po- 
 "litical rights and only possess the enjoyment of civil rights. The Al- 
 "gerians have not even the enjoyment of civil rights; they are governed 
 "by the Mussulman law in their relation between themselves, and yet 
 
Ch. 1) Specimen Brief on Appeal. 413 
 
 "they have been solemnly declared Frenchmen by the senatus consuHus 
 "of 1865, and the decisions of the Court had upon several occasions 
 "theretofore recognized that they possessed this quality (French na- 
 "tionality)." (Cogordan, La. Nationalite, pp. 7-8.) 
 
 The great publicist Bluntschli, following the same line of thought, says : 
 
 "The body of full citizens rise above the general mass of the members 
 "of a country or nation. Full citizenship implies membership in the 
 "nation, but more than that, it implies complete political rights; it is 
 "thus the fullest expression of the relation of the individual to the 
 "State." (Theory of the State, English translation, p. 203.) 
 
 The framers of the Constitution probably supposed that in the United 
 States, nationality and subjection were identical, that is to say, that all persons 
 within the permanent allegiance of the United States were citizens just as 
 such persons had been subjects of Great Britain before the Revolution. This 
 view seems to have been practically undisturbed in the United States until the 
 famous case of Dred Scott v. Sanford, 19 How. 399, 15 L. Ed. 691, which held 
 that subjection and citizenship were not necessarily identical and that there 
 existed a class of persons in the United States who, although not aliens, were 
 nevertheless not citizens. We refer to the status of the free Negro before the 
 enactment of the XlVth Amendment. 
 
 "The words (in the Constitution) 'people of the United States' and 
 " 'citizens' are synonymous terms, and mean the same thing. They 
 "both describe the political body who, according to our republican in- 
 "stitutions, form the sovereignty, and who hold the power and conduct 
 "the Government through their representatives. * * * Congress 
 "might, as we have before said, have authorized the naturalization of 
 "Indians, because they were aliens and foreigners. * * * 7^/^^ Afri- 
 "can race, however, born in the country, did owe allegiance to the Gov- 
 "ernment, whether they were slave or free; hut it is repudiated and re- 
 "jected from the duties and obligations of citizenship in marked Ian- 
 "guage." Pages 404, 405 of 19 How. [15 L. Ed. 691]. 
 
 The question involved in the Dred Scott Case was whether a free negro 
 could sue as a citizen in the federal courts, and the decision was based upon the 
 fact that he could not have been a member of the political people. It was the 
 impossibility that he should have been invested with political rights that led the 
 Court to declare him a mere subject. 
 
 The status of the colored race was, until the enactment of the XlVth Amend- 
 ment changed their status, settled by this decision. 
 
 Mr. Chief Justice Fuller in his dissenting opinion in the case of United 
 States v. Wong Kim Ark, 169 U. S. 649, 18 Sup. Ct. 456, 42 E. Ed. 890, says : 
 
 "Nor would a naturalization law excepting persons of a certain race 
 "and their children be invalid, unless the amendment has abridged the 
 "power of naturalization. This cannot apply to our colored fellozu- 
 "citizens, who never were aliens." Page 729 of 169 U. S., page 487 
 of 18 Sup. Ct. [42 E.Ed. 890]. 
 
 It was for the purpose of removing from our jurisprudence this class of 
 persons who owed the United States allegiance and yet were not citizens that 
 the 14th Amendment defined citizenship. This definition made citizenship 
 
414 Appendix. (Part VI 
 
 and subjection at the common law identical, as Mr. Chief Justice Fuller said, in 
 the Wong Kim Ark Case (page 727 of 169 U. S., page 486 of 18 Sup. Ct. [42 
 L. Ed. 890]) referring to the fact that the 14th Amendment was intended to 
 apply to the colored race : 
 
 "They were not aliens (and even if they could be so regarded, this 
 "operated as a collective naturalization) and their political status could 
 "not be affected by any change of the laws for the naturalization of in- 
 "dividuals." 
 
 As this Court said in Blh v. IVilkins, 112 U. S. 101, 5 Sup. Ct. 45, 28 I,. 
 Ed. 643 : 
 
 "The main object of the opening sentence of the XlVth Amend- 
 "ment was to settle the question, upon which there had been a difference 
 "of opinion throughout the country and in this Court, as to the citizen- 
 "ship of free negroes (Scott v. Sandford, 19 How. 393, 15 L. Ed. 691); 
 "and to put it beyond doubt that all persons, white or black, and wheth- 
 "er formerly slaves or not, born or naturalized in the United States, and 
 "owing no allegiance to any alien pozver, should be citizens of the 
 "United States and of the State in which they reside." 
 
 The only other instance in the history of the United States in which sub- 
 jection and citizenship have not been identical is that of the status of the Indian 
 living apart from his tribe and who has assumed the habits of civilization. 
 
 In the case of Blk v. Wilkins, supra, it was held that an Indian, born a mem- 
 ber of one of the tribes, who was voluntarily separated from his tribe and had 
 taken up his residence among the white citizens of a State is not a citizen of 
 the United States within the meaning of the 14th Amendment. 
 
 The theory as to the legal status of Indians has always been, since the case 
 of the Cherokee Nation v. Georgia, 5 Pet. 1, 8 L. Ed. 25, that the Indian mem- 
 ber of a tribe owed immediate allegiance to his tribe, which was in turn under 
 a general protectorate of the United States, and hence did not come either within 
 the definition of subjection at the common law, or within the purview of the 
 XlVth Amendment. Consequently it was necessary to consider him as an 
 alien, a member of a tribe which the United States recognized at least as quasi 
 independent by making treaties with it. 
 
 "The Indian tribes, being within the territorial limits of the United 
 "States, were not, strictly speaking, foreign States ; but they were alien 
 "nations, distinct political communities, with whom the United States 
 "might and habitually did deal, as they thought fit, either through trea- 
 "ties made by the President and Senate, or through acts of Congress 
 "in the ordinary forms of legislation. The members of those tribes 
 "owed immediate allegiance to their several tribes, and were not part of 
 "the people of the United States." Blk v. Wilkins, 112 U. S. 99, 5 Sup. 
 Ct. 44, 28 L. Ed. 643. 
 
 On this theory, therefore, Elk was held not to be a citizen of the United 
 States ; having, however, renounced his allegiance to his tribe, it would seem that 
 he had become at least a subject of the United States, and this was the view 
 expressed by Mr. Justice Harlan in his dissenting opinion. 
 
 "If he (Elk) did not acquire national citizenship on abandoning his 
 "tribe and becoming, by residence in one of the States, subject to the 
 
Ch. 1) Specimen Brief on Appeal. 415 
 
 "complete jurisdiction of the United States, then the Fourteenth Amend- 
 "ment has wholly failed to accomplish, in respect of the Indian race, 
 "what, we think, was intended by it; and there is still in this country 
 "a despised and rejected class of persons, with no nationality whatever, 
 "who, born in our territory, ozving no allegiance to any foreign power, 
 "and subject, as residents of the States, to all the burdens of govern- 
 "ment, are yet not members of any political community nor entitled to any 
 "of the rights, privileges, or immunities of citizens of the United States." 
 Elk V. Wilkins, 113 U. S. 132, 5 Sup. Ct. 56, 38 L. Ed. 643. 
 
 Evidently Congress considered that an end should be put to so anomalous a 
 situation and soon enacted that Indians who had separated themselves from 
 their tribes and taken up civilized life should be considered citizens of the 
 United States. Act Feb. 8, 1887, c. 119, § 6, 34 Stat. 388, 390. 
 
 We have instanced the case of the free negro and of the Indian separated 
 from his tribe, as the only illustration within our history in which it was pos- 
 sible to consider that we had a class of persons who, while owing allegiance 
 to no foreign government, were not citizens, but merely subjects of the United 
 States. 
 
 This is doubtless due to the fact that in our history we have been so little 
 brought into contact with races inferior to us in development and civilization. 
 Our former growth has been rather by expansion and assimilation than through 
 the method of imperialism, i. e., the domination over men of one order or kind of 
 civiHzation, by men of a different and higher civilization. The negro problem 
 was set at rest by the war and the Fourteenth Amendment ; the Indian problem 
 by the ruthless progress of civilization, which compelled the opening up and 
 exploiting of the American continent by the overflowing population of old Eur- 
 ope. In the contact, the Indian gradually perished and the problem was re- 
 duced to very minor proportions through the agencies of fire water, gunpowder 
 and well-intended but unwise policy. 
 
 The logic of events is often more powerful than that of Aristotle. 
 
 V. 
 
 Illustrations of distinction between subjects and citizens. 
 
 Other civilized nations have, however, been brought into contact with un- 
 civilized or semi-civilized tribes or people who became wholly subject to their 
 jurisdiction, and whose legal status it was consequently necessary to solve. 
 
 We have seen that the English law has always treated such persons from 
 the moment of the severance of their allegiance from their former masters as 
 British subjects. 
 
 This natural and necessary consequence is also admirably illustrated by one 
 of the most recent territorial acquisitions of France, — that of Algeria. 
 
 "The conquest of a country like Algeria gives rise to questions which 
 "cannot be governed by the application of the ordinary rules of law fol- 
 "lowed in Europe. In practice it has been admitted that the Algerians 
 "were French subjects, not citizens (it must be remembered) from the 
 "moment that their country was definitely annexed to France. Hence 
 "the tribunal of Paris did not hesitate to declare, even before the treaty 
 
416 Appendix. (Part VI 
 
 "of Tafna, of 30th of March, 1837, that the Algerians were like other 
 "Frenchmen, dispensed from the necessity of furnishing security for 
 "costs." Cogordan, La Nationalite. 
 
 The question was thus very similar to that involved in this case, as in nei- 
 ther case had the executive or the legislative authorities conferred any rights 
 of citizenship upon the annexed people, but their allegiance had been transferred 
 from their former sovereign to the new one. The Court of Cassation declared 
 that although there was no legislation fixing their status, and it had not been 
 established by any treaty, nevertheless the Ordinance of the 10th of Augiust, 
 1834, had submitted the Algerians to French law and sovereignty, and from that 
 time it was no longer possible to treat them as aliens. 
 
 "In declaring in its Art. 109 the union of Algeria and the Colonies 
 "to the French Republic, the Constitution of November, 1848, did not 
 "effect anything as to the nationality of the inhabitants; since we find 
 "the counsel for the order of lawyers of Algeria contesting the claim 
 "of a native to be a Frenchman and hence the possibility of his admis- 
 "sion to the bar; this case coming before the Court of Cassation it was 
 "held that by the very fact of the conquest of Algeria the Israelite na- 
 "tives became French subjects. Placed, indeed, under the direct and im- 
 "mediate sovereignty of France, they are unable in any event to claim 
 "the benefit or aid of any other nationality, frotn which it follows nec- 
 "essarily that the quality of Frenchmen can alone thereafter be the basis 
 "and rule of their civil and political condition." Glard, Nationalite 
 Frangaise, p. 380. 
 
 In matters of private law the Mohammedan subjects were left under their 
 own rules and customs. 
 
 The French Government thus recognized a situation which we, until very 
 recent years, refused to recognize in the case of the Indians, na;mely, that such 
 tribes or peoples living under a different law and civilization, possessing a com- 
 plete organization of their own, should be treated as nationals of the sovereignty 
 to which they were really subject, but should be in their private relations gov- 
 erned by their tribal law. While we did not interfere with the tribal law of the 
 Indians, we yet affected to assimilate them rather to a foreign people than to 
 nationals, and made treaties with them, in preference to legislating for them 
 directly. Our legal theory was thus at variance with the actual facts. 
 
 The Algerian subject is accorded no political rights whatever and can pos- 
 sess none except by becoming a French citizen. This the Algerian may become 
 either by legislation, for example, the Decret Cremieux, October, 1870, conferred 
 French citizenship on the Israelite inhabitants of Algeria, or by naturalization, 
 but this naturalization is somewhat different from the naturalization of an 
 alien. The Algerian has only to make a simple declaration before the mayor, 
 and after examination as to morality, etc., by the mayor and upon the recom- 
 mendation of the Council of State, the naturalization is granted as matter of 
 right. 
 
 Already French, the native Mohammedan is subject after his naturalization 
 to all the French civil and political laws ; he pays the French and not the Arab 
 taxes. He becomes immediately an elector, and eligible to Parliament, etc. 
 Glard, Nationalite Frangaise, 263. 
 
Ch. 1) Specimen Brief on Appeal. 417 
 
 An analogous question was presented when France annexed Cochin China. 
 The native Anamite inhabitant is declared by law (Decree 25th, 1881) French, 
 but he remains subject to his own local laws and customs except in special cases 
 in which by complying with certain formalities he may be placed under the 
 jurisdiction of the French law, just as in Algeria he may acquire the civil rights 
 of a citizen by showing that he has reached the age of twenty-one and is able 
 to speak the French language, etc. (Cogordan, La Nationalite, p. 139). 
 
 By the cession of Ta'iti to France in lieu of the former protectorate, the 
 whole native population became French subjects. The law (31 Dec, 1880), 
 declared that "French nationality has been acquired {de plein droit) by all the for- 
 mer subjects of the King of Ta'iti." 
 
 "Such a disposition is self-explanatory; the sole manner of escaping 
 "the result is emigration or the acquisition of a foreign nationality; 
 "they are no longer subjects of the king of Taiti" (Glard, Nationalite 
 Franqaise, p. 408). 
 
 See also other illustrations mentioned in Argument for Plaintiffs in Error 
 De Lima v. Bidwell, 182 U. S. 76-78, 21 Sup. Ct. 743, 45 L- Ed. 1041. 
 
 We have thus seen that subjection is dependent upon allegiance, but 'that 
 the civil and political rights of subjects may vary from those of the subjects 
 who have full political rights (active citizens) to those who have limited civil 
 rights (mere subjects). In our law and that of civilized States generally, ex- 
 cept in cases of dependencies inhabited by semi or uncivilized people there are 
 but two classes of subjects or citizens, namely, active citizens, that is to say 
 those possessing political rights (burghers), and passive citizens, that is to say, 
 those possessing full civil but no political rights, such as minors, women and 
 incompetents. It is only, as the historic illustrations cited have shown, when 
 civilized nations come into contact with people of a lower order of civilization 
 that there is any disposition to refuse to subjects the ordinary civil rights. 
 In Europe and America even aliens possess almost, if not quite, all of the 
 civil rights belonging to citizens, such as the right to possess property, to have 
 recourse to the courts, etc. 
 
 It is for this reason that it has been difficult for us to apprehend that natural- 
 ization did not necessarily comport naturalization and that persons might cease 
 to be foreigners or aliens without becoming citizens. We have seen that under 
 our law the civil rights of citizenship in a broad sense, which would not also 
 be possessed by any subjects or nationals of the United States, would be very 
 few — the right to sue in the Federal Courts would be almost the only one be- 
 longing to passive citizens as distinguished from mere subjects. The fact 
 that a national was deprived of these rights would iiot convert him into an alien 
 and he would not be governed by the laws relating to alienage. 
 
 VI. 
 
 Conclusion. 
 
 There are three possible courses which this court may adopt: 
 
 1. It may affirm the decision below and declare native islanders, born before 
 the cession, aliens. 
 
 2. It may hold that the cession by transferring the allegiance of the natives 
 made them United States subjects or nationals and that as such they are not 
 
 P.iuBF Mak.(3d Ed.)— 27 
 
418 Appendix. (Part VI 
 
 under the statutory disabilities of alienage and cannot be deported under the 
 Immigration law. 
 
 3. The Court may take the view that the cession of the Islands accomplished 
 the naturalization of the native people and that they became passive citizens 
 of the United States entitled to all civil rights of such. 
 
 See argument of undersigned counsel, De Lima v. Bidwell, 182 U. 
 S. 3, 31 Sup. Ct. 743, 45 L. Ed. 1041. 
 
 It seems to us quite obvious that the choice will be between the last two. 
 It would be impossible to affirm the judgment of the Court below without lead- 
 ing to an absurd and unnecessary result. Plain terms would cease to have 
 any meaning and we would consider aliens persons who owed us their sole al- 
 legiance and to whom we owed our protection. Such a result is too palpably 
 defiant of the laws of thought and language, is altogether anomalous and we 
 must respectfully submit is clearly impossible. 
 
 The Court might, however, adopting the suggestion of the Circuit Judge 
 that the treaty expressly refrained from naturalizing the native population, hold 
 that they were not citizens, and as such not possessed of any civil rights, but 
 that they had become American nationals or subjects and were therefore, not 
 within the purview of statutes aimed at aliens. 
 
 This result could be supported by the precedent of the free Negro and the 
 detached Indian, 
 
 Dred Scott v. Sanford, and Blk v. Wilkins, infra, 
 
 and was the view taken by the Attorney-General of the United States at the 
 time of the argument of the Insular Cases. While it has some logical force 
 and may be supported by the two precedents referred to as well as by the prec- 
 edents adduced from the history of foreign nations, such as that of Algeria, it 
 seems to us nevertheless to be a narrow view. 
 
 The third view would seem to be more compatible with sound political sci- 
 ence, as well as more in accord with the spirit of our Constitution, and the ju- 
 risprudence of this Court. While it may be said that the treaty reserved to 
 Congress the right to pass upon the civil rights of the native inhabitants, the 
 treaty could not change facts. It had accomplished the cession and the re- 
 sults naturally and necessarily following from cession cannot be avoided. 
 
 It could not have made the country a foreign country by stating that it 
 should remain foreign although ceded to the United States and subject to its 
 plenary jurisdiction. 
 
 Even the treaty-making power and Congress together cannot change facts 
 by violating the laws of language. 
 
 It therefore seems to us that the cession of the territory, its becoming do- 
 mestic territory (De Lima v. Bidwell), with the transfer of the allegiance of its 
 inhabitants, naturalized the natives in the sense that they became passive citizens 
 of the United States, entitled to all the rights, privileges and immunities of such. 
 Boyd V. Thayer, 143 U. S. 162, 12 Sup. Ct. 382, 36 L. Ed. 103. 
 
 Unless we adopt this course we are forced to have recourse to the two prec- 
 edents in our history of which we are least proud, and to introduce for the third 
 time into our system a class of persons whom it has always been our object to 
 be free from. The XlVth Amendment, annulling the result of the Dred Scott 
 Case, the Act of Congress doing away with the result reached in Elk v. Wilkins, 
 
Ch. 1) Specimen Brief on Appeal. 419 
 
 would go for naught, and we would again be confronted by a situation in which 
 citizenship and subjection were not identical. 
 
 The two precedents above adverted to give us no encouragement to attempt 
 for the third time a repetition of that peculiar, and, from the standpoint of 
 American civilization, most anomalous result. 
 
 All of which is respectfully submitted. 
 
 Dated, New York, November 30, 1903. 
 
 FREDERIC R. COUDERT,- Jr., 
 PAUIv FULLER, 
 CHARLES E. LE BARBIER. 
 
 Counsel. 
 
CHAPTER 2. 
 
 LIST OF AMERICAN REPORTS. 
 
 Following is a list of American reports, federal and state, show- 
 ing the manner of designating the different volumes and the place 
 where the National Reporter System connects with the different 
 series : 
 
 FEDERAL REPORTS. 
 
 UNITED STATES SUPREME COURT. 
 
 Vols. How Cited. Date. 
 
 Dallas 4....Dall. (or 1-4 U.S.) 1789-1800 
 
 Cranch 9. . . . Cranch (or 5-13 U. S.). . . .1801-1815 
 
 Wieaton 12.... Wheat, (or 14-25 U. S.). .1816-1827 
 
 Peters 16. . . . Pet. (or 26-41 U. S.) 1828-1842 
 
 Ploward 24.... How. (or 42-65 U. S.). .. .1843-1860 
 
 Black 2.... Black (or 66-67 U. S.). .. .1861-1862 
 
 Wallace 23.... Wall, (or 68-90 U. S.). .. .1863-1874 
 
 From 1875 the volumes of the United States Reports are designated by 
 number, beginning with volume 91, 92, 93, etc., to date. Volume 230 United 
 States Reports was published in 1913. 
 
 The Supreme Court Reporter commences with the cases in volume 106 Unit- 
 ed States Reports (October, 1882), and reports all subsequent cases. Volume 
 33 was the last volume published on going to press. 
 
 Collateral Reports. 
 
 Vols. Date. 
 
 Curtis' Decisions 22 1790-1854 
 
 Miller's Decisions 4 1854-1862 
 
 Uawyers' Edition 57 1790-1913 
 
 The Lawyers' Edition is a continuing series. 
 
 CIRCUIT COURTS OF APPEALS. 
 
 The Circuit Courts of Appeals Reports (C. C. A.) cover all cases in the 
 United States Circuit Courts of Appeals from their establishment in 1891 down 
 to the present time. The volumes are numbered consecutively. Volume 131 
 was the last volume published on going to press. 
 
 The Federal Reporter, beginning with volume 47, contains all the cases re- 
 ported in the C. C. A. from the beginning to the present time. 
 Brief Mak.(3d Ed.) (420) 
 
Ch. 2) Federal Reports. 421 
 
 CIRCUIT AND DISTRICT COURTS, 
 
 Vols. How Cited. Date. 
 
 Federal Cases 31.... Fed. Cas 1789-1879 
 
 Federal Reporter — Fed 1880 
 
 The Federal Reporter connects with the Federal Cases and reports all de- 
 cisions since 1880. Volume 205 was the last volume published on going to press. 
 
 Collateral Reports. „ 
 
 Vols. Date. 
 
 Meyers' Federal Decisions 30 ... . 1790-18S"2 
 
 COMMERCE COURT. 
 
 All decisions of the Commerce Court, from its organization, are reported 
 in the Federal Reporter. 
 
 COURT OF CLAIMS. 
 
 Vols. Date. 
 
 Devereux 1 1855-1856 
 
 The Court of Claims Reports began in 1863 and are designated by number. 
 Volume 47 is the last volume published on going to press. 
 
 INTERSTATE COMMERCE COMMISSION. 
 
 The Interstate Commerce Reports began in 1887 and 26 volumes have been 
 issued up to the time of going to press. 
 
 COURT OF CUSTOMS APPEALS. 
 
 The Court of Customs Appeals Reports began in 1910 and two volumes 
 have been issued up to the time of going to press. 
 
422 Appendix. (Part VI 
 
 STATE REPORTS. 
 
 ALABAMA. 
 Vols. How Cited. Date. 
 
 Minor 1 . . . . Minor 1820-1836 
 
 Stewart 3. . . .Stew 1827-1831 
 
 Stewart and Porter 5 Stew. & P 1831-1834 
 
 Porter 9. . . .Port 1834-1839 
 
 From 1839 the volumes of the Alabama Reports are numbered consecutively, 
 beginning volume 1, 2, 3, etc., to date. Volume 174 was the last volume pub- 
 lished on going to press. 
 
 The Alabama Appellate Court Reports date from 1911, the volumes being 
 numbered consecutively. Volume 6 was the last volume published on going 
 to press. 
 
 The Southern Reporter commences with the cases in volume 81 Alabama 
 (December, 1886), and volume 1 Alabama Appellate Court (April, 1911), and 
 reports all subsequent cases. 
 
 ALASKA. 
 
 There have been three volumes of the Alaska Reports published to date, cov- 
 ering the decisions of the District Courts of Alaska from May 17, 1884, to Janu- 
 ary 1, 1910. 
 
 ARIZONA. 
 
 The Arizona Reports date from 1866, and from the beginning the volumes 
 have been numbered consecutively. Volume 13 was the last volume published 
 on going to press. 
 
 The Pacific Reporter contains all the Arizona cases from the beginning to 
 the present time. 
 
 ARKANSAS. 
 
 The Arkansas Reports date from 1837, and from the beginning the volumes 
 have been numbered consecutively. "^ Volume 102 was the last volume pub- 
 lished on going to press. 
 
 The Southwestern Reporter commences with the cases in volume 47 Arkan- 
 sas (November, 1885), and reports all subsequent cases. 
 
 CALIFORNIA. 
 
 The California Reports date from 1850, and from the beginning the vol- 
 umes have been numbered consecutively. Volume 164 was the last volume 
 published on going to press. 
 
 The California Appellate Reports began in 1905 and continue to the pres- 
 ent time, the volumes being numbered consecutively. Volume 19 was the last 
 volume published on going to press. 
 
 The Pacific Reporter commences with the cases in volume 64 California 
 (July, 1883), and volume 1 California Appellate Reports (May, 1905), reporting 
 all subsequent cases of both courts. 
 
 The California Unreported Cases is a series in 7 volumes containing the 
 opinions of the Supreme Court and the District Courts of Appeal not reported 
 in the official reports. The series covers the unreported cases from 1866 to 
 1910. All of the cases from volume 8, page 226, to the end of volume 7, are 
 reported in the Pacific Reporter. 
 
 1 Vols. 1 to 5 Ark. are Kimietimes cited as 1-.' I'ike; aud vols. 6 to 13 Ark. are often 
 cited as 1-8 Kng., the reporter's name being English. 
 
Ch. 2) State Reports. 423 
 
 COLORADO. 
 
 The Colorado Supreme Reports date from 1864, and continue to the present 
 time, the volumes being numbered consecutively. Volume 54 was the last 
 volume published on going to press. The Colorado Appeals Reports date 
 from 1891 and continue to 1905, when the court was abolished, 20 volumes of 
 Reports having been issued. In 1911 the Court of Appeals was again estab- 
 lished, the Legislature providing that the court shall exist for a period of 
 four years, and that the volumes of Reports shall be numbered consecutively, 
 beginning with volume 31. Volume 23 was the last volume published on 
 going to press. 
 
 The Pacific Reporter commences with the cases in volume 7 Colorado Re- 
 ports (December, 1883) and volume 1 Colorado Appeals Reports (June, 1891), 
 and reports all subsequent decisions of both courts. 
 
 CONNECTICUT. 
 
 Vols. How Cited. Date. 
 
 Kirby 1 Kirby 1785-1788 
 
 Root 3 Root 1789-1798 
 
 Day 5 Day 1802-1813 
 
 From 1813 the volumes of the Connecticut Reports are numbered con- 
 secutively, beginning volume 1, 3, 3, etc., to date. Volume 85 was the last 
 volume published on going to press. 
 
 The Atlantic Reporter commences with the cases in volume 53 Connecticut 
 (May, 1885), and reports all subsequent cases. A few cases from volume 53 
 Connecticut are also reported in the Atlantic Reporter. 
 
 DAKOTA. 
 
 The Dakota Reports date from 1867 and continue to 1889, when the Terri- 
 tory was changed into the States of North Dakota and South Dakota. The 
 volumes are designated by number, 1-6 Dakota. 
 
 The Northwestern Reporter contains all Dakota decisions and all the de- 
 cisions of the Supreme Courts of North and South Dakota from their organiza- 
 tion to date. 
 
 DELAWARE. 
 
 Vols. How Cited. Date. 
 
 Harrington 5 Har. (Del.) 1833-1855 
 
 Houston 9 Houst 1855-1892 
 
 Marvel 2 Marv 1893-1897 
 
 Pennewill 7 Pennewill 1897-1909 
 
 Boyce — Boyce 1909 
 
 Houston's Criminal Reports 1.... Houst. Cr... 1856-1879 
 
 Delaware Chancery Reports — ....Del. Ch 1814 
 
 Volume 1 Boyce and volume 8 Delaware Chancery are the latest volumes 
 published up to the time of going to press. 
 
 The Atlantic Reporter commences with the cases in volume 7 Houston 
 (July, 1886), and 6 Delaware Chancery (July, 1886), and reports all subse- 
 quent cases to date. All of the cases in Boyce's Reports, and in both volumes 
 of Marvel and all volumes of Pennewill are also reported in the Atlantic 
 Reporter. 
 
424 Appendix. (Part VI 
 
 STATE REPORTS— Continued. 
 
 DISTRICT OF COLUMBIA. 
 
 Vols. Date. 
 
 Cranch (D. C. 1-5) 5. . . .1801-1840 
 
 Hayward & Hazleton 2. . . .1840-1863 
 
 District of Columbia Reports (D. C. 6-7) 2 . . . . 1863-1872 
 
 McArthur (D. C. 8-10) 3. . . .1873-1879 
 
 McArthur and Mackey (D. C. 11) 1- • • .1379-1880 
 
 Mackey (D. C. 12-31) 10. . . .1880-1893 
 
 Appeal Cases ( App. D. C.) — • • • -1893 
 
 The District of Columbia Reports date from 1801. To 1893 the volumes 
 are designated by the names of the court reporters and also by number, with 
 the exception of Hayward and Hazleton's Reports (1840-1863), which are des- 
 ignated by the names of the reports only. With volume 21 (1893) the reports 
 of the Supreme Court of the District of Columbia cease, the appellate jurisdic- 
 tion theretofore held by that court being transferred to a new court, styled the 
 "Court of Appeals of the District of Columbia," whose decisions are reported 
 under the caption, "Appeal Cases, District of Columbia," cited "App. D. C." 
 There are 39 volumes of this series to date, volume 1 joining on to volume 21 
 District of Columbia Reports. 
 
 FLORIDA. 
 
 The Florida Reports date from 1846, all the volumes being numbered con- 
 secutively. Volume 64 was the last volume published on going to press. 
 
 The Southern Reporter commences with the cases in volume 23 Florida 
 (January, 1887), and reports all subsequent cases. 
 
 GEORGIA. 
 
 Vols. How Cited. Date. 
 
 Charlton (T. U. P.) 1. . . .T. U. P. Charlt 1805-1810 
 
 Charlton (R. M.) 1. . . . R. M. Charlt 1811-1837 
 
 Dudley 1 . . . . Dud. (Ga.) 1821-1833 
 
 Georgia Decisions 1 Ga. Dec 1842-1843 
 
 From 1846 the volumes of the Georgia Reports are numbered consecutively, 
 beginning volume 1, 2, 3, etc., to date. Volume 139 was the last volume pub- 
 lished on going to press. 
 
 The Georgia Appeals Reports date from 1907, the volumes being numbered 
 consecutively. Volume 11 was the last volume published on going to press. 
 
 The Southeastern Reporter commences with the cases in volume 79 Georgia 
 (January, 1887) and Volume 1 Georgia Appeals Reports (January, 1907), and 
 reports all subsequent cases of both courts. Volumes 77 and 78 Georgia are 
 partially covered by the Southeastern Reporter. 
 
 HAWAII. 
 
 The Plawaiian Reports date from 1847, and from the beginning the vol- 
 umes have been numbered consecutively. Volume 20 was the last volume 
 published on going to press. 
 
Ch. 2) State Reports. 425 
 
 IDAHO. 
 
 The Idaho Reports date from 1866, all the volumes being numbered con- 
 secutively. Volume 23 was the last volume published on going to press. 
 
 The Pacific Reporter commences with the cases in volume 2 Idaho (Septem- 
 ber, 1881), and reports all subsequent cases. 
 
 ILLINOIS. 
 
 Vols. How Cited. Date. 
 
 Breese (1 111.) 1 . . . . Breese 1819-1831 
 
 Scammon (2-5 111.) 4 Scam 1832-1843 
 
 Oilman (6-10 111.) 5. . . .Gilm 1844-1849 
 
 To 1849 the volumes of the Illinois Reports are designated by number and 
 by the names of the court reporters. From 1849 the volumes are designated 
 by number only, beginning volume 11, 12, etc., to date. Volume 258 was the 
 last volume published on going to press. 
 
 The Northeastern Reporter commences with the cases in volume 114 Il- 
 linois (May, 1885), and reports all subsequent cases. 
 
 The Illinois Appeals Reports date from 1877, and are numbered consecutive- 
 ly, volume 178 being the last volume published on going to press. 
 
 INDIANA. 
 
 Vols. How Cited. Date. 
 
 Blackford 8 Blackf .1820-1847 
 
 Wilson (Super. Ct.) 1 Wils. (Ind.) 1871-1874 
 
 From 1847 the volumes of the Indiana Reports are numbered consecutively, 
 beginning volume 1, 2, 3, etc., to date. 
 
 The Indiana Appellate Reports date from 1890 and continue to the present 
 time, all the volumes being numbered consecutively. Volume 177 Indiana and 
 volume 49 Indiana Appeals were the last volumes published on going to press. 
 
 The Northeastern Reporter commences with the cases in volume 102 Indiana 
 (March, 1885) and volume 1 Indiana Appellate Reports (March, 1891), report- 
 ing all subsequent cases of both courts. 
 
 INDIAN TERRITORY. 
 
 The Indian Territory Reports date from 1896, and continue until 1907 when 
 the Territory became part of the state of Oklahoma. There are 7 volumes, all 
 of which are numbered consecutively. 
 
 The Southwestern Reporter contains all the cases reported in the Indian 
 Territory Reports from the beginning. 
 
 IOWA. 
 
 Vols. How Cited. Date. 
 
 Morris 1. . . .-Morris 1839-1846 
 
 Greene 4. . . .G. Greene 1847-1854 
 
 From 1854 the volumes of Iowa Reports are numbered consecutively, be- 
 ginning volume 1, 2, 3, etc., to date. Volume 154 was the last volume published 
 on going to press. 
 
 The Northwestern Reporter commences with the cases in volume 51 Iowa 
 (December, 1878), and reports all subsequent cases. 
 
426 Appendix. (Part VI 
 
 STATE EEPOETS — Continued. 
 KANSAS. 
 
 The Kansas Reports date from 1862, all the volumes numbered consecutively. 
 
 The Kansas Appellate Reports date from 1895, and continue to 1901, when 
 the court was discontinued, 10 volumes being published. 
 
 Volume 89 Kansas was the last volume published on going to press. 
 
 The Pacific Reporter commences with the cases in volume 30 Kansas (May, 
 1883), and volume 1 Kansas Appellate Reports (1895), reporting all subsequent 
 cases of both courts. 
 
 KENTUCKY. 
 
 Vols. How Cited. Date. 
 
 Hughes 1. . . .Hughes (Ky.) 1785-1801 
 
 Kentucky Decisions (Sneed) 1 Ky. Dec 1801-1805 
 
 Hardin 1. . . .Hardin 1805-1808 
 
 Bibb 4.... Bibb 1808-1817 
 
 Marshall (A. K.) 3. . . . A. K. Marsh 1817-1831 
 
 Littell 5. . . . Litt 1822-1824 
 
 Littell's Select Cases 1 . . . . Litt. Sel. Cas 1795-1821 
 
 Monroe (T. B.) 7 . . . . T. B. Mon 1824-1828 
 
 Marshall (J. J.) 7.... J. J. Marsh .1839-1832 
 
 Dana 9 . . . . Dana 1833-1840 
 
 Monroe (Ben.) 18 B. Mon 1840-1857 
 
 Metcalfe 4 Mete. (Ky.) 1858-1863 
 
 Duvall 2 Duv 1863-1866 
 
 Bush 14 Bush 1866-1879 
 
 From 1879 the volumes of the Kentucky Reports are numbered consecutively, 
 beginning volume 78, 79, 80, etc., to date. Volume 153 was the last volume 
 published on going to press. 
 
 The Southwestern Reporter commences with the cases in volume 85 Ken- 
 tucky (June, 1886), and reports all subsequent cases. 
 
 LOUISIANA. 
 
 Vols. How Cited. Date. 
 
 Martin 12 Mart ; 1809-1823 
 
 Martin (New Series) 8 AJart. ( N. S.) 1823-1830 
 
 Louisiana Reports 19 La 1830-1841 
 
 Robinson 12 Rob 1841-1846 
 
 Louisiana Annual Reports 53 .... . La. Ann 1846-1900 
 
 Louisiana Annual Reports (National 
 
 Reporter System Edition) 4 (Vols. 49-52) 1897-1900 
 
 From 1900 the volumes of the Louisiana Reports are numbered consecutive- 
 ly, beginning volume 104, 105, etc., to date. From 1900 to 1902 two editions 
 of these Reports were published. One series was entitled the Louisiana Re- 
 ports, and the other the Louisiana Reports, National Reporter System Edition. 
 In 1902, beginning with volume 109, the Louisiana Reports, National Reporter 
 System Edition, became the "official" and only edition published. Volume 132 
 was the last volume published on going to press. 
 
 The Southern Reporter commences with the cases in volume 39 Louisiana An- 
 nual (January, 1887), and reports all subsequent cases to date. 
 
Ch.2) State Reports. 427 
 
 MAINE. 
 
 Vols. How Cited. Date. 
 
 Oreenleaf (Maine, 1-9) 9 Greenl 1830-1832 
 
 Fairfield (Maine, 10-12) 3. . . .Fairf 1833-1835 
 
 From 1835 the volumes of the Maine Reports are numbered consecutively 
 beginning volume 13, 14, 15, etc., to date. Volume 109 was the last volume pub- 
 lished on going to press. 
 
 The Atlantic Reporter commences with the cases in volume 78 Maine (Au- 
 gust, 1885), and reports all subsequent cases. 
 
 MARYLAND. 
 
 Law. 
 
 Vols. How Cited. Date. 
 
 Harris and McHenry 4....Har. & McH 1658-1799 
 
 Harris and Johnson 7 Har. & J 1800-1826 
 
 Harris and Gill 2 Har. & G 1826-1829 
 
 Gill and Johnson 12.... Gill & J 1829-1842 
 
 Gill 9.... Gill 1843-1851 
 
 Chancery. 
 
 Vols. How Cited. Date. 
 
 Bland's Chancery Reports 3 Bland 1811-1832 
 
 Maryland Chancery Reports 4 Md. Ch 1847-1864 
 
 From 1851 the volumes of the Maryland Law Reports are numbered con- 
 secutively, beginning volume 1, 2, 3, etc., to date. Volume 119 was the last 
 volume pubhshed on going to press. 
 
 The Atlantic Reporter commences with the cases in volume 64 Maryland 
 (June, 1885), and reports all subsequent cases. 
 
 MASSACHUSETTS. 
 
 Vols. How Cited. Date. 
 
 Massachusetts Reports (1-17) 17 Mass 1804-1822 
 
 Pickering 24 Pick, (or 18-41 Mass.) 1822-1839 
 
 Metcalf 13 Met. or Mete, (or 42-54 
 
 Mass.) 1840-1847 
 
 Gushing 12 Cush. (or 55-66 Mass.) 1848-1853 
 
 Gray 16 Gray (or 67-82 Mass.) 1854-1860 
 
 Allen 14 Allen (or 83-96 Mass.) 1861-1867 
 
 Quincy's Reports 1 Quincy 1762-1772 
 
 Thacher's Criminal Cases 1 ] 823-1842 
 
 Cushing's Contested Election Cases . 1 1780-1852 
 
 From 1867 the volumes of the Massachusetts Reports are numbered con- 
 secutively, beginning volume 97, 98, etc., to date. Volume 213 was the last 
 volume published on going to press. 
 
 The Northeastern Reporter commences with the cases in volume 139 Massa- 
 chusetts (November, 1884), and reports all subsequent cases. 
 
428 Appendix. (Part VI 
 
 STATE REPORTS— Continued, 
 MICHIGAN. 
 
 Vols. How Cited. Date. 
 
 Harrington's Chancery 1. . . .Har. (Mich.) 1836-1843 
 
 Walker's Chancery "l. . . .Walk. (Mich.) 1812-1845 
 
 Douglass 2.... Doug. (Mich.) 1843-18.47 
 
 Brown's Nisi Prius 2 1869-1871 
 
 Howell's Nisi Prius 1 1868 
 
 From 1847 the volumes of the Michigan Reports are numbered consecutively, 
 beginning volume 1, 2, 3, etc., to date. Volume 172 was the last volume pub- 
 lished on going to press. 
 
 The Northwestern Reporter commences with the cases in volume 41 Mich- 
 igan (June, 1879), and reports all subsequent cases. 
 
 MINNESOTA. 
 
 The Minnesota Reports date from 1851, all the volumes numbered con- 
 secutively. Volume 120 was the last volume published on going to press. 
 
 The Northwestern Reporter commences with the cases in volume 36 Minne- 
 sota (March, 1879), and reports all subsequent cases. 
 
 MISSISSIPPI. 
 
 Law. 
 
 Vols. How Cited. Date. 
 
 Walker (Miss. 1) 1 Walk. (Miss.) 1820-1833 
 
 Howard (Miss. 2-8) 7 How. (Miss.) 1834-1843 
 
 Smedes and Marshall ( Miss. 9-22) . . 14 Smedes & M 1843-1850 
 
 Chancery. Vols. Date. 
 
 Freeman's Chancery 1 . . . . 1839-1843 
 
 Smedes and Marshall's Chancery 1 . . . . 1840-1843 
 
 From 1850 the volumes of the Mississippi Reports are numbered consecutively, 
 beginning volume 23, 24, etc., to date. Volume 101 was the last volume pub- 
 lished on going to press. 
 
 The Southern Reporter commences with the cases in volume 64 Mississippi 
 (October, 1886), and reports all subsequent cases. 
 
 MISSOURI. 
 
 The Missouri Reports date from 1821, all volumes being numbered con- 
 secutively. 
 
 The Missouri Appeals Reports date from 1876, all volumes being numbered 
 consecutively. 
 
 Volume 247 Missouri and volume 170 Missouri Appeals were the last vol- 
 umes published on going to press. 
 
 The Southwestern Reporter commences with the cases in volume 89 Mis- 
 souri Reports (1886) and volume 04 Missouri Appeals Reports (1902), and re- 
 ports all subsequent cases of both courts. Volume 93 Missouri Appeals is 
 partially covered by the Southwestern Reporter. 
 
Ch. 2) State Reports. 429 
 
 MONTANA. 
 
 The Montana Reports date from 1868, all volumes being numbered con- 
 secutively. Volume 46 was the last volume published on going to press. 
 
 The Pacific Reporter commences with the cases in volume 4 Montana (Jan- 
 uary, 1881), and reports all subsequent cases. 
 
 NEBRASKA. 
 
 The Nebraska Reports date from 1854, all volumes being numbered con- 
 secutively. Volume 93 was the last volume published on going to press. 
 
 The Northwestern Reporter commences with the cases in volume 9 Nebraska 
 (January, 1879), and reports all subsequent cases. 
 
 The decisions of the Supreme Court Commission of Nebraska were pub- 
 lished in the Nebraska Reports Unofficial ; the volumes being numbered con- 
 secutively. The Commission was created in 1901, and continued until 1905, 
 when it was abolished, 5 volumes of reports being published. These decisions are 
 also reported in the Northwestern Reporter. 
 
 NEVADA. 
 
 The Nevada Reports date from 1865, all volumes being numbered con- 
 secutively. Volume 34 was the last volume published on going to press. 
 
 The Pacific Reporter commences with the cases in volume 17 Nevada (Jan- 
 uary, 1882), and reports all subsequent cases. 
 
 NEW HAMPSHIRE. 
 
 Vols. How Cited. Date. 
 
 Smith 1.... Smith (N. H.) 1802-1816 
 
 New Hampshire Reports (N. H. 1- 
 
 20) 20. . . .N. H 1816-1850 
 
 Foster (N. H. 21-31). 11 post 1850-1855 
 
 From 1855 the volumes of the New Hampshire Reports are numbered con- 
 secutively, beginning volume 32, 33, etc., to date. Volume 76 was the last vol- 
 ume published on going to press. 
 
 The Atlantic Reporter commences with the cases in volume 64 New Hamp- 
 shire (March, 1886), and reports all subsequent cases. Volume 63 New Hamp- 
 shire is partially covered by the Atlantic Reporter. 
 
 NEW JERSEY. 
 
 Law. 
 
 Vols. How Cited. Date. 
 
 Coxe 1 Coxe (or 1 N. J. Law) 1790-1795 
 
 Pennington 2 Pen. (or 2, 3 N. J. Law) 1806-1813 
 
 Southard 2 South, (or 4, 5 N. J. Law) 1816-1820 
 
 Halsted 7. . . .Halst. for 6-12 N. J. Law) [1796-1804 
 
 ■' ' \l821-1831 
 
 Green 3 Green (or 13-15 N. J. Law) 1831-1836 
 
 Harrison 4 Har. (N. J.) (or 16-19 N. J. Law) . . 1837-1842 
 
 Spencer 1 Spen. (or 20 N. J. Law) 1842-1846 
 
 Zabriskie 4. . . .Zab. (or 21-24 N. J. Law) 1847-1855 
 
 Dutcher 5 Dutch, (or 25-29 N. J. Law) 1855-1862 
 
 Vroom — Vroom (or 30 N. J. Law) 1862 
 
430 Appendix. (Part VI 
 
 STATE REPORTS— Continued. 
 
 NEW JERSEY— Continued. 
 
 Chancery. 
 
 Vols. How Cited. Date. 
 
 Saxton l....Sax. (or 1 N. J. Eq.) 1830-1832 
 
 Green 3. . . .Green Ch. (or 3-t N. J. Eq.) 1834-1845 
 
 Halsted 4. . . .Halst. Ch. (or 5-8 N. J. Eq.) 1845-1853 
 
 Stockton 3....Stockt. (or 9-11 N. J. Eq.) 1852-1858 
 
 Beasley 2....Beas. (or 12, 13 N.J. Eq.) 1858-18G0 
 
 McCarter 2. . . . McCar. (or 14, 15 N. J. Eq.) 1861-1862 
 
 Green C. E 12 .... C. E. Green (or 16-27 N. J. Eq.) . . 1862-1876 
 
 Stewart 18 ... . Stew. (N. J.) (or 28^5 N. J. Eq.) . . 1877-1889 
 
 Dickinson 21 Dick, (or 46-66 N. J. Eq.) 1889-1905 
 
 Robbins 4. . . . Robb. (or 67-70 N. J. Eq.) 1905-1907 
 
 Buchanan — Buch. (or 71 N. J. Eq.) 1908 
 
 The volumes of the New Jersey Law and the New Jersey Equity Reports 
 are designated from the beginning by number and by the names of the court 
 reporters. Volume 54 Vroom (83 New Jersey Law) and volume 11 Buchanan 
 (81 New Jersey Equity) were the last volumes published on going to press. 
 
 The Atlantic Reporter commences with the cases in volume 48 New Jersey 
 Law (November, 1885) and volume 41 New Jersey Equity (October, 1SS5), and 
 reports all subsequent cases in both series. Volumes 40 New Jersey Equity and 
 47 New Jersey Law are partially covered by the Atlantic Reporter. 
 
 NEW MEXICO. 
 
 The New Mexico Reports date from 1852, all volumes numbered con- 
 secutively. Volume 16 was the last volume published on going to press. 
 
 The Pacific Reporter commences with the cases in volume 3 New Mexico 
 (March, 1883), and reports all subsequent cases. 
 
 NEW YORK. 
 Law. 
 
 Vols. How Cited. Date. 
 
 Coleman's Cases 1. .. .Col. Cas 1794-1800 
 
 Coleman & Caine's Cases 1. ... Col. & Cai. Cas 1794-1805 
 
 Johnson's Cases 3 . . . . Johns. Cas 1799-1803 
 
 Caine 3 Cai 1803-1805 
 
 Caine's Cases :c! .... Cai. Cas 1796-1805 
 
 Johnson 20. . . .Johns 1806-1823 
 
 Anthon's Nisi Prius Cases 1 . . . . Anth. N. P 1807-1851 
 
 Yates' Select Cases 1 Yates SeL Cas 1811 
 
 Cowen 9 Cow 1823-1829 
 
 Wendell 26 Wend 1828-1841 
 
 Hill 7. . . .Hill 1841-1844 
 
 Denio 5 . . . . Denio 1845-1848 
 
 Lalor's Supplement to Hill and Denio 1 Lalor 1842-1844 
 
 Edmond's Select Cases 2 Edm. Sel. Cas 1834-1883 
 
 Lockwood's Reversed Cases 1. . . .Lock. Rev. Cas 1799-1847 
 
Ch. 2) State Reports. 431 
 
 NEW YORK— Continued. 
 
 Chancery. 
 
 Vols. How Cited. Date. 
 
 Johnson t Johns. Ch 1814r-1823 
 
 Hopkins 1 Hopk. Ch 1823-1826 
 
 Paige 11 Paige 1828-1815 
 
 Edwards 4 Edw. Ch 1831-1850 
 
 Hoffman 1. . . .Hoff. Ch 1839-1840 
 
 Clarke 1. . . .Clarke 1839-1841 
 
 Sandford 4. . . .Sandf. Ch 1843-1847 
 
 Barbour 3.... Barb. Ch 1845-1848 
 
 Court of Appeals (Regular). 
 
 Vols. How Cited. Date. 
 
 Comstock 4. . , . Comst. (or 1-4 N. Y.) 1847-1851 
 
 Selden 6 . . . . Seld. (or 5-10 N. Y.) 1851-1854 
 
 Kernan 4 Kern, (or 11-14 N. Y.) 1854-1856 
 
 The volumes of the New York Court of Appeals Reports are designated both 
 by the names of the court reporters and by number to 1856. From 1856 (vol- 
 ume 15) to date by number only. Volume 208 was the last volume published on 
 going to press. 
 
 The Northeastern Reporter commences with the cases in volume 99 New 
 York (April, 1885), and reports all subsequent decisions of the New York Court 
 of Appeals. 
 
 Court of Appeals (Special). 
 (Containing Cases Unreported in Regular Series.) 
 
 Vols. How Cited. Date. 
 
 Howard's Appeal Cases 1 How. Cas 1847-1848 
 
 Keyes 4 Keyes 1863-1868 
 
 Abbott 4 Abb. Dec 1850-1869 
 
 Selden's Notes 1 1852-1854 
 
 Transcript Appeals 7 1867-1868 
 
 Silvernail 4 1886-1892 
 
 Lower Courts of Record. 
 
 Supreme Court Reports. 
 
 Vols. How Cited. Date. 
 
 Barbour 67. . . .Barb 1847-1877 
 
 Lansing 7 Lans 1869-1873 
 
 Thompson & Cook 6. . . .Thomp. & C 1874^-1875 
 
 Hun 92 Hun 1874-1895 
 
 Silvernail 5. . . .Silv 1889-1890 
 
 Appellate Division — App. Div 1896 
 
 Volume 155 Appellate Division was the last volume published on going to 
 press. 
 
432 Appendix. (Part VI 
 
 STATE REPORTS— Continued. 
 
 NEW YORK— Continued. 
 
 Lower Courts of Record — Continued. 
 
 Practice and Code Reports. 
 
 Vols. How Cited. Date. 
 
 Howard's Practice 67... .How. Pr 1844-1885 
 
 Howard's Practice (N. S.) 3.... How. Pr. N. S 1883-1886 
 
 Code Reporter 3. ...Code Repr 1848-1851 
 
 Code Reports (N. S.) 1. . . .Code Rep. N. S 1850-1852 
 
 Abbott's Practice 19 Abb. Pr 185^1865 
 
 Abbott's Practice (N. S.) lG....Abb. Pr. N. S 1865-1875 
 
 Abbott's New Cases 31. . . .Abb. N. C 1876-1894 
 
 New York City Court Reports 2. . . . N. Y. City Ct. Rep 1874-1888 
 
 New York Civil Procedure 39. . . . N. Y. Civ. Proc. R 1881-1909 
 
 New York Civil Procedure (N. S.)— . . . .N.Y. Civ. Proc. R. (N.S.) . .1909 — 
 
 New York Miscellaneous — Misc 1892 — 
 
 New York Annot. Cases — N. Y. Ann. Cas 1894 ■ 
 
 The New York Civil Procedure Reports ceased publication with volume 
 39, and were succeeded by the New York Civil Procedure Reports (New Se- 
 ries), of which 3 volumes have been issued to date. Volume 80 New York 
 Miscellaneous and volume 20 New York Annotated Cases were the last 
 volumes published on going to press. 
 
 Surrogate Court Reports, 
 
 Vols. How Cited. Date. 
 
 Bradford 4 Bradf 1849-1857 
 
 Redfield 5 Redf 1867-1882 
 
 Tucker 1 Tuck 1864-1869 
 
 Demarest G Dem 1882-1888 
 
 Connoly 2 1888-1891 
 
 Powers 1 1891-1894 
 
 Gibbons 2 1894^1898 
 
 Mills — 1899 
 
 Volume 7 Mills was published in 1913. 
 
 Superior Court Reports. 
 
 Vols. How Cited. Date. 
 
 Hall 2 Hall (or 1-2 N. Y. Super. Ct.) 1828-1829 
 
 Sandford 5 Sandf. (or 3-7 N. Y. Super. Ct.) 1847-1853 
 
 Duer 6 Duer (or 8-13 N. Y. Super. Ct.) 1852-1857 
 
 Bosworth 10; . . . Bosw. (or 14-23 N. Y. Super. Ct.) 1856-1863 
 
 Robertson 7 Rob. (or 24-30 N. Y. Super. Ct.) 1863-1868 
 
 Sweeney 2. . . . Sweeney (or 31-32 N. Y. Super. Ct.). .1869-1870 
 
 Jones & Spencer 29 Jones & S. (or 33-61 N. Y. Super. Ct). .1871-1892 
 
 Buffalo Superior Court 
 (Sheldon's Reports). . 1 1854-1875 
 
Ch, 2) State Reports. 433 
 
 NEW YORK— Continued. 
 Lower Courts of Record — Continued. 
 
 Common Pleas Reports. 
 
 Vols. How Cited. Date. 
 
 Smith (E. D.) 4....E. D. Smith 1850-1854 
 
 Hilton 2. . . . Hilt 1855-1860 
 
 Daly 16 Daly 1859-1891 
 
 Criminal Reports. ^^j^^ j^^^^^ 
 
 Wheeler's Criminal Cases 3. . . .1791-1835 
 
 Rogers' City Hall Recorder 6. . . .1816-1822 
 
 Parker's Criminal 6. . . .1823-1868 
 
 Cowen's Criminal 2. . . .1868-1883 
 
 New York Criminal — . . . .1883 
 
 Volume 27 New York Criminal Reports was the last volume published on 
 going to press. 
 
 The New York Supplement (a supplemental member of the National Re- 
 porter System) was established in 1888, and reports the decisions of all the 
 lower courts of record of New York. It commences with the cases in the 
 Supreme Court Reports at volume 49 Hun, volume 1 Silvernail, and volume 
 1 Hun's Appellate Division; with the Practice and Code Reports at volume 23 
 Abbott's New Cases, volume 16 New York Civil Procedure Reports, volume 1 
 New York Miscellaneous Reports and volume 1 New York (Benjamin's) An- 
 notated Cases ; with the Surrogate Court Reports at volume 1 Connoly and vol- 
 ume 1 Gibbons; with the Superior Court Reports at volume 56 (24 Jones and 
 Spencer); with the Common Pleas Reports at volume 15 Daly; and with the 
 New York Criminal Reports at volume 7. One hundred and forty-two vol- 
 umes of the New York Supplement have been published on going to press. 
 The earlier volumes contain many cases reported in full, which appear in 
 Hun's Reports as memoranda only, without the text of the opinions. 
 
 The New York State Reporter was established in 1886, and covered, in ad- 
 dition to the decisions of the courts reported in the New York Supplement, the 
 New York Court of Appeals Reports. It was discontinued in 1897. 
 
 NORTH CAROLINA. 
 
 Vols. Formerly Cited. Now Cited. Date. 
 
 Martin 2.... Mart. (N. C.) 1 N. C 1778-1797 
 
 Taylor 1 Tayl. (N. C.) IN. C 1798-1802 
 
 Conference by Cam- 
 eron & Norwood.. 1....N. C. Conf 1 N. C 1800-1804 
 
 Haywood 2 Hayw. (N. C.) 2, 3 N. C 1789-1806 
 
 Carolina Law Repos- 
 itory 2.... Car. L. R 4 N. C 1813-1816 
 
 North Carolina Term 
 
 Reports 1. ...N. C. Term Rep.... 4 N. C 1816-1818 
 
 Murphey 3....Murph 5-7 N. C 1804-1819 
 
 Hawks 4. . . . Hawks 8-11 N. C 1820-1826 
 
 Devereux's Law 4. . . , Dev. Law 12-15 N. C 1826-1834 
 
 Brief JIak.Od Ed.) — 28 
 
434 Appendix. (Part VI 
 
 STATE EEPOETS— Continued. 
 NORTH CAROLINA— Continued. 
 
 Vols. Formerly Cited. Now Cited. Date. 
 
 Devereux's Equity. ... 2. . . . Dev. Eq 16, 17 N. C 1826-1834 
 
 Devereux & Battle's 
 
 Law^ 4....Dev. & Bat. Law.... 18-20 N. C 1834r-1839 
 
 Devereux & Battle's 
 
 Equity 2.... Dev. & Bat. Eq 21,22 N. C 1834-1839 
 
 Iredell's Law 13. . . . Ired. Law 23-35 N. C 1840-1852 • 
 
 Iredell's Equity 8. . . . Ired. Eq 36-43 N. C 1840-1852 
 
 Busbee's Law l....Busb. Law 44 N. C 1852-1853 
 
 Busbee's Eq 1. . . . Busb. Eq 45 N. C 1852-1853 
 
 Jones' Law 8. . . .Jones' Law 46-53 N. C 1853-1862 
 
 Jones' Eq .-. 6.... Jones' Eq 54-59 N. C 1853-1863 
 
 Winston 2....Winst 60 N. C 1863-1864 
 
 Phillip's Law l....Phil. Law 61 N. C 1866-1868 
 
 Phillip's Eq l....Phil. Eq 62 N. C 1866-1868 
 
 Up to 1906, the reports listed above were cited by the Reporter's name and 
 volume number, but in June, 1906, the Supreme Court of North Carolina adopted 
 a rule requiring counsel in the future to cite these reports by the consecutive 
 volume number of the series ; e. g., the report formerly known as "1 Jones' 
 Law" should now be cited as "46 N. C." In conformity with this rule, this 
 later mode of citation is now followed in the North Carolina Reports, the Na- 
 tional Reporter System, and other current reports. 
 
 From 1868 the volumes of the North Carolina Reports are numbered con- 
 secutively, beginning volume 63, 64, etc., to date. Volume 161 was the last 
 volume published on going to press. 
 
 The Southeastern Reporter commences with the cases in volume 96 North 
 Carolina (January, 1887), and reports all subsequent cases. 
 
 NORTH DAKOTA. 
 
 The North Dakota Reports date from 1889, all the volumes being numbered 
 consecutively. (See Dakota.) 
 
 Volume 23 North Dakota was the last volume published on going to press. 
 
 The Northwestern Reporter contains all the North Dakota decisions from 
 the beginning to the present time. 
 
 OHIO. 
 
 From 1821 to 1851 the decisions of the Supreme Court of Ohio are reported 
 in a series known as the Ohio Reports, the volumes being numbered consecutively 
 from 1 to 20. 
 
 From 1851 the Ohio Supreme Court decisions have been published under 
 the title of the Ohio State Reports, the volumes being designated by number, 
 beginning volume 1, 2, 3, etc., to date. Volume 87 is the last volume published 
 on going to press. 
 
 The Northeastern Reporter commences with the cases in volume 43 Ohio 
 State (February, 1885) and reports all subsequent cases. 
 
 iVols. 3 & 4 Dev. & Bat Law are contained in vol. 20 N. a 
 
Ch. 2) State Repbrts. 435 
 
 OHIO— Continued. 
 
 Miscellaneous Ohio Reports. 
 
 Vols. How Cited. Date. 
 
 Tappan (Common Pleas) l....Tapp 1816-1819 
 
 Wright (Supreme Court) 1. . . .Wright 1831-1834 
 
 Handy (Cin. Super. Ct.) 2.... Handy 1854-1856 
 
 Disney (Cin. Super. Ct.) 2. . . .Disn 1854-1859 
 
 Cincinnati Superior Court 2 Cin. Super. Ct 1870-1873 
 
 Ohio Decisions Reprint 13 Ohio Dec 1843-1897 
 
 Ohio Decisions (Superior and 
 
 Common Pleas) 21 . . . . Ohio S. & C. P. Dec 1883 
 
 Ohio Nisi Prius 18 . . . . Ohio N. P 1883 
 
 Ohio Nisi Prius (New Series) ... 13 .... Ohio N. P. (N. S.) 1903 
 
 Ohio Circuit Decisions 32 Ohio Cir. Dec 1885 
 
 Ohio Circuit Court Reports 32 Ohio Cir. Ct. R 1885 
 
 Ohio Circuit Court Reports (New 
 
 Series) 15 ... . Ohio Cir. Ct. (N. S.) 1903 
 
 OKLAHOMA. 
 
 The Oklahoma Reports date from 1890, all volumes being numbered con- 
 secutively. Volume 35 was the last volume published on going to press. 
 
 The Oklahoma Criminal Reports, containing criminal cases determined in the 
 Supreme Court and in the Criminal Court of Appeals, began in 1909 and con- 
 tinue to the present time, there being 8 volumes published up to the time of going 
 to press. 
 
 The Pacific Reporter contains all Oklahoma decisions in both the Supreme 
 Court and Criminal Court of Appeals, from the beginning to the present time. 
 
 OREGON. 
 
 The Oregon Reports date from 1853, all volumes being numbered consecu- 
 tively. Volume 62 was the last volume published on going to press. 
 
 The Pacific Reporter commences with the cases in volume 11 Oregon (1883), 
 and reports all subsequent cases. 
 
 PENNSYLVANIA. 
 
 Vols. How Cited. Date. 
 
 Dallas 4 Dall 1754r-1806 
 
 Addison l....Add. (Pa.) 1791-1799 
 
 Yeates 4. . . . Yeates 1791-1808 
 
 Binney 6 Binn 1799-1814 
 
 Sergeant & Rawle 17....Serg. & R 1814r-1828 
 
 Rawie 5 Rawle 1828-1835 
 
 Penrose & Watts 3. . . .Pen. & W 1829-1832 
 
 Watts 10 Watts 1832-1840 
 
 Wharton 6 Whart 1835-1841 
 
 Watts & Sergeant 9 Watts & S 1841-1845 
 
 From 1844-45 the decisions of the Supreme Court of Pennsylvania have 
 been published under the title of the Pennsylvania State Reports, the volumes 
 
436 
 
 Appendix. 
 
 (Part VI 
 
 STATE REPOETS— Continued. 
 PENNSYLVANIA— Continued. 
 
 being numbered consecutively, beginning volume 1, 2, 3, etc., to date. Volume 
 239 was the last volume published on going to press. 
 
 The Atlantic Reporter coiTimences with the cases in volume 110 Pennsylvania 
 State (May, 1885), and reports all subsequent cases. Volume 109 Pennsylvania is 
 partially covered by the Atlantic Reporter. 
 
 Miscellaneous Pennsylvania Reports. 
 
 Vols. 
 
 Ashmead 3 . . , 
 
 Brewster 4 . . . 
 
 Brightly 1 . . . 
 
 Browne 2 . . , 
 
 Clarke 5... 
 
 Grant's Cases 3 . . . 
 
 Kulp 11 . . . 
 
 Miles 3 . . , 
 
 Monaghan 3 . . . 
 
 Parsons' Equity Cases 3. . . 
 
 Pearson 2 . . . 
 
 Pennypacker 4 . . . 
 
 Pennsylvania County Court Reports 36 . . . 
 Pennsylvania District Court Re- 
 ports 16 . . , 
 
 Pennsylvania Superior Court Re- 
 ports . . 
 
 Philadelphia Reports 20. . . 
 
 Pittsburgh Reports 3 . . , 
 
 Walker Supreme Court Cases 4. . , 
 
 Wilcox 1 . . , 
 
 Woodvrard's Decisions 2. . . 
 
 How Cited. 
 
 Date. 
 
 . Ashm 1808-1841 
 
 . Brewst 1856-1873 
 
 .Brightly 1809-1851 
 
 .Browne 1801-1814 
 
 . Clarke 1842-1865 
 
 . Grant's Cas 1852-1863 
 
 . Kulp 1882-1901 
 
 . ]\Iiles 1835-1841 
 
 . Monag 1888-1891 
 
 . Pars. Eq. Cas 1841-1851 
 
 .Pears 1850-1880 
 
 . Penny 1881-1884 
 
 .Pa. Co. Ct. R 1885 
 
 .Pa. Dist. R 1892-1907 
 
 .1895- 
 
 .Pa. Super. R 
 
 .Phila 1850-1893 
 
 . Pittsb 1853-1873 
 
 . Walk 1889-1901 
 
 . Wilcox 1888-1889 
 
 . Woodw. Dec 1861-1874 
 
 The Pennsylvania Superior Court Reports date from 1895, and the volumes 
 are numbered consecutively, the last volume issued on going to press being vol- 
 ume 52. 
 
 PHILIPPINE ISLANDS. 
 
 The Philippine Reports date from 1901, the volumes being numbered con- 
 secutively. Volume 21 was the last volume issued on going to press. 
 
 PORTO RICO. 
 
 The Porto Rico Federal Reports date from 1905, volume 5 being the last 
 volume issued on going to press. 
 
 The Porto Rico Supreme Court Reports date from 1907, volume 17 being 
 the last volume issued on going to press. 
 
 RHODE ISLAND. 
 
 The Rhode Island Reports date from 1838, all volumes being numbered 
 consecutively. Volume 34 was the last volume published on going to press. 
 
 The Atlantic Reporter commences with the cases in volume 15 Rhode Is- 
 land (April, 1885), and reports all subsequent cases. 
 
Ch. 2) 
 
 State Reports. 
 
 437 
 
 SOUTH CAROLINA. 
 
 Law. 
 
 Vols. 
 
 9, 
 
 Bay 
 
 Brevard 3 . . . 
 
 Treadway (included in Brevard's 
 
 Reports, vol. 3) 2 . . . 
 
 Mill (Constitutional) 1 . . . 
 
 Nott & McCord 2. . , 
 
 McCord 4... 
 
 Harper 1 . . . 
 
 Bailey 2. ., 
 
 Hill 3.. 
 
 Riley 1.. 
 
 Dudley 1 . . 
 
 Rice 1.. 
 
 Cheves 1 . . 
 
 McMullan 2 . . 
 
 Spear 2 . . 
 
 Strobhart 5 . . 
 
 Richardson 15 . . 
 
 How Cited. Date. 
 
 .Bay 1783-1804 
 
 .Brev 1793-1816 
 
 .Tread 1812-1816 
 
 .Mill 1817-1818 
 
 . Nott & McC 1817-1820 
 
 . McCord 1821-1828 
 
 .Harp 1823-1830 
 
 .Bailey 1828-1832 
 
 .Hill (S. C.) 1833-1837 
 
 .Riley 1836-1837 
 
 .Dud. (S. C.) 1837-1838 
 
 .Rice 1838-1839 
 
 .Chev 1839-1840 
 
 . McMul 1840-1842 
 
 .Spear 1842-1844 
 
 .Strobh 1846-1850 
 
 . Rich 1844-1846 
 
 1850-1868 
 
 Chancery. 
 
 Vols. How Cited. Date. 
 
 Desaussure 4 Desaus 1784-1816 
 
 Harper 1 . 
 
 McCord 2. 
 
 Bailey 1 . 
 
 Richardson's Cases 1 . 
 
 Hill 2. 
 
 Riley 1. 
 
 Dudley 1 . 
 
 Rice 1 . 
 
 Cheves 1 . 
 
 McMullan 1. 
 
 Spear 1 . 
 
 Strobhart 4. 
 
 Richardson 14 . 
 
 ..Harp. Eq 1824 
 
 . . McCord, Eq 1825-1827 
 
 . . Bail. Eq 1830-1831 
 
 . . . Rich. Eq. Cas 1831-1832 
 
 , . . Hill, Eq 1833-1837 
 
 ! . Riley, Eq 1836-1837 
 
 , . . Dud". Eq 1837-1838 
 
 , . . Rice, Eq 1838-1839 
 
 , ..Chev. Eq 1839-1840 
 
 , . . McMul. Eq 1840-1842 
 
 . . . Spear, Eq 1842-1844 
 
 . . . Strobh. Eq 1846-1850 
 
 ...Rich. Eq 1844^1846 
 
 1850-1868 
 
 From 1868 the decisions of the Supreme Court of South Carolina have been 
 published under the title of the South Carolina Reports, New Series, the vol- 
 umes being numbered consecutively, beginning volume 1, 2, 3, etc., to date. 
 Volume 93 was the last volume published on going to press. 
 
 The Southeastern Reporter commences with the cases in volume 26 South 
 Carolina (April, 1886), and reports all subsequent cases. 
 
 SOUTH DAKOTA. 
 
 The South Dakota Reports date from 1889, all volumes being numbered 
 consecutively. (See Dakota.) Volume 29 was the last volume issued on going 
 to press. 
 
 The Northwestern Reporter contains all the South Dakota decisions from 
 the beginning to the present time. 
 
438 Appendix. (Part VI 
 
 STATE REPORTS— Continued. 
 TENNESSEE. 
 
 Law. 
 
 Vols. How Cited. Date. 
 
 Overton 2. . . . Over, (or 1, 2 Tenn.) 1791-1817 
 
 Cooke 1. . . . Cooke (or 3 Tenn.) 1811-1814 
 
 Haywood 3 . . . . Hayw. (or 4-6 Tenn.) 1816-1818 
 
 Peck 1. . . . Peck (or 7 Tenn.) 1822-1824 
 
 Martin & Yerger 1 Mart. & Y. (or 8 Tenn.). . .1825-1828 
 
 Yerger 10 Yerg. (or 9-18 Tenn.) 1828-1837 
 
 Meigs 1. . . . Meigs (or 19 Tenn.) 1838-1839 
 
 Humphreys 11 Humph, (or 20-30 Tenn.) 1839-1851 
 
 Swan 2. . . . Swan (or 31, 32 Tenn.). .1851-1853 
 
 Sneed 5 . . . . Sneed (or 33-37 Tenn.) . . 1853-1858 
 
 Head 3 Head (or 38^0 Tenn.) 1858-1859 
 
 Coldwell 7 Cold, (or 41-47 Tenn.) 1860-1870 
 
 Heiskell 12. . . . Heisk. (or 48-59 Tenn.). .1870-1874 
 
 Baxter 9 Baxt. (or 60-68 Tenn.) 1872-1878 
 
 Lea 16 Lea (or 69-84 Tenn.) 1878-1886 
 
 Pickle 24 Pickle (or 85-108 Tenn.). .1886-1902 
 
 Cates — Cates (or 109 Tenn.) . . 1902 
 
 Chancery. ^^j^ j^^^^ 
 
 Tennessee Chancery Reports (Cooper) 3 1872-1878 
 
 Chancery Appeals. ^^^^ j^^^^ 
 
 Tennessee Chancery Appeals Reports 2 . . . . 1901-190"? 
 
 From 1886 the volumes of the Tennessee Reports are generally designated 
 by number, beginning volume 85, 86, 87, etc., to date. Volume 125 Tennessee 
 (17 Cates) was the last volume published on going to press. The volumes of the 
 Tennessee Chancery Appeals Reports are designated by number, the last vol- 
 ume issued being volume 2. 
 
 The Southwestern Reporter commences with the cases in volume 85 Ten- 
 nessee (October, 1886), and reports all subsequent cases. 
 
 TEXAS. ,. , T, ^ 
 
 Vols. Date. 
 
 Dallam's Decisions 1 . . . . 1840-1844 
 
 The Texas Supreme Court Reports date from 1846, and from the beginning 
 the volumes have been numbered consecutively. In 1876 the Texas Appeal 
 Reports were established (reporting criminal cases only), the volumes being num- 
 bered consecutively. This series of reports continued to be published under the 
 title Texas Court of Appeals Reports until 1892 (volume 30), when the name 
 was changed to the Texas Criminal Appeals Reports, in order to distinguish the 
 set from the Texas Civil Appeals Reports established the same year. There 
 is an odd volume of the Texas Supreme Court Reports covering the cases de- 
 cided during the Civil War. This volume is known as volume 25 Supplement 
 Texas Supreme Court Reports. Volume 104 Texas, volume 63 Texas Crim- 
 inal Appeals, and volume 57 Texas Civil Appeals were the last volumes pub- 
 lished on going to press. 
 
Ch. 2) State Reports. 439 
 
 TEXAS— Continued. 
 
 The Texas Civil Appeals cases consist of 4 volumes (1876-1892). These 
 reports are often cited as 1 Willson, and 2, 3, and 4 White & Willson. The Texas 
 Unreported Cases consist of 3 volumes, and are sometimes cited as 1 and 2 
 Posey. 
 
 The Southwestern Reporter commences with the cases in volume 66 Texas 
 Reports (March, 1886), and volume 21 Texas Appeals (March, 1886), and re- 
 ports all subsequent cases, together with the decisions of the Courts of Crim- 
 inal Appeals and Civil Appeals from the organization of these courts. 
 
 UTAH. 
 
 The Utah Reports date from 1871, all volumes being numbered consecutively. 
 Volume 39 was the last volume published on going to press. 
 
 The Pacific Reporter commences with the cases in volume 3 Utah (January, 
 1881), and reports all subsequent cases. 
 
 VERMONT. 
 
 Vols. How Cited. Date. 
 
 Chipman (N.) 1. . . . N. Chip 1789-1791 
 
 Chipman CD.) 2 D. Chip 1789-1825 
 
 Tyler 2 Tyl 1800-1803 
 
 Brayton 1 Brayt 1815-1819 
 
 Aiken 2 Aik 1825-1827 
 
 From 1826-27 the volumes of the Vermont Reports are numbered consecu- 
 tively, beginning volume 1, 2, 3, etc., to date. Volume 85 was the last volume 
 published on going to press. 
 
 The Atlantic Reporter commences with the cases ia volume 58 Vermont 
 (November, 1885), and reports all subsequent cases. 
 
 VIRGINIA. 
 
 Vols. How Cited. Date. 
 
 Jefferson 1 Jeff 1730-1772 
 
 Wythe's Chancery Reports 1 Wythe 1790-1799 
 
 Washington 2. . . . Wash. (1-3 Va.) 1790-1:96 
 
 Virginia Criminal Cases 2. . . . Va. Cas. (3-4 Va.) 1T89-1826 
 
 Call 6 Call (5-10 Va.) 1797-1825 
 
 Hening& Munford 4.. ..Hen. & M. (11-14 Va.) 1806-1810 
 
 Munford 6 Munf. (15-20 Va.) 1810-1820 
 
 Gilmer 1 Gilmer (21 Va.) 1820-1821 
 
 Randolph 6 Rand. (22-27 Va.) 1821-1828 
 
 Leigh 12. . . .Leigh (28-39 Va.) 1829-1842 
 
 Robinson 2 . . , . Rob. (40-41 Va.) 1842-1844 
 
 Grattan 33 Grat. (42-74 Va.) 1844-1880 
 
 Special Reports. Vols. Date. 
 
 Patton, Jr., and Heath, Court of Appeals 3. . . .185.5-1857 
 
 Howison, Criminal Trials 1 1850-1851 
 
440 Appendix. (Part VI 
 
 STATE REPORTS— Continued. 
 
 VIRGINIA— Continued. 
 
 Up to 1912 the reports listed above were cited by the Reporter's name and 
 volume number, but in June, 1912, the Supreme Court of Appeals adopted a 
 rule requiring counsel to cite the Reports by consecutive volume number of 
 the series as well ; e. g., the report formerly cited as "1 Rand." should now be 
 cited "1 Rand. (22 Va.)." In conformity with this rule, the double form of 
 citation is now followed in the Virginia Reports and the National Reporter Sys- 
 tem. 
 
 From 1880 the volumes of the Virginia Reports are numbered consecutively, 
 beginning volume 75, 76, 77, etc., to date. Volume 114 was the last volume 
 published on going to press. 
 
 The Southeastern Reporter commences with the cases in volume 83 Virginia 
 (January, 1887), and reports all subsequent cases. Volume 82 Virginia is par- 
 tially covered by the Southeastern Reporter. 
 
 WASHINGTON. 
 
 The Washington Territory Reports date from 1854 and continue to 1889, 
 there being three volumes. 
 
 The volumes of the Washington State Reports date from 1889, and are num- 
 bered consecutively, beginning volume 1, 2, 3, etc., to date. Volume 72 was the 
 last volume published on going to press. 
 
 The Pacific Reporter commences with the cases in volume 2 Washington 
 Territory (July, 1880), and reports all subsequent cases in this series, and all 
 cases in the Washington State Reports from the beginning to date. 
 
 WEST VIRGINIA. 
 
 The West Virginia Reports date from 1863, all volumes being numbered 
 consecutively. Volume 70 was the last volume published on going to press. 
 
 The Southeastern Reporter commences with the cases in volume 29 West 
 Virginia (October, 1886), and reports all subsequent cases. 
 
 WISCONSIN. 
 
 Vols. How Cited. Date. 
 
 Finney 3 Pin 1839-1853 
 
 From 1852 the volumes of the Wisconsin Reports are numbered consecu- 
 tively, beginning volume 1, 2, 3, etc., to date. Volume 153 was the last volume 
 published on going to press. 
 
 The Northwestern Reporter commences with the cases in volume 46 Wis- 
 consin (January, 1879), and reports all subsequent cases. 
 
 WYOMING. 
 
 The Wyoming Reports date from 1870, all volumes being numbered con- 
 secutively. Volume 19 was the last volume published on going to press. 
 
 The Pacific Reporter commences with the cases in volume 3 Wyoming 
 (April, 1883), and reports all subsequent cases. 
 
Ch. 2) General and Special Reports^ 441 
 
 GENERAL REPORTS. 
 NATIONAL REPORTER SYSTEM.f 
 
 Vols. How Cited. Date. 
 
 Supreme Court Reporter 33 Sup. Ct 1882-1913 
 
 Federal Reporter 205 Fed 1880-1913 
 
 Atlantic Reporter 86 Atl 1885-1913 
 
 Northeastern Reporter 101 N. E 1885-1913 
 
 Northwestern Reporter 141 N. W 1879-1913 
 
 Pacific Reporter 133 Pac 1883-1913 
 
 Southeastern Reporter 77 S. E 1887-1913 
 
 Southern Reporter 62 South 1887-1913 
 
 Southwestern Reporter 158 S. W 1886-1913 
 
 New York Supplement 142 N. Y. Supp 1888-1"913 
 
 SELECTED CASE REPORTS.ft 
 
 Vols. How Cited. Date. 
 
 American Decisions 100 Am. Dec 1769-1869 
 
 American Reports 60 Am. Rep 1870-1887 
 
 American State Reports 140 Am. St. Rep 1888-1911 
 
 American and English Annotated 
 
 Cases* 28 Ann. Cas 1906-1911 
 
 American Annotated Cases* 7.... Ann. Cas 1911-1913 
 
 Lawyers' Reports Annotated 70. . . .L. R. A 1888-1905 
 
 Lawyers' Reports Annotated, New 
 
 Series* 43 L. R. A. (N. S.) 1906-1912 
 
 The American Annotated Cases began publication in 1911, and is cited by 
 year and letter, as "Ann. Cas. 1912A," "Ann. Cas. 1912B," etc. This series is 
 identical with the volumes of American and English Annotated Cases from 
 22 to date, 19 12 A American Annotated Cases being the same as 22 American 
 and English Annotated Cases. 
 
 SPECIAL SUBJECT REPORTS, ft 
 
 Vols. Date. 
 
 American Bankruptcy Reports* 30 1899-1913 
 
 American Corporation Cases 10 ... . 1868-1887 
 
 American and English Corporation Cases 48. . . .1883-1896 
 
 American and English Corporation Cases, New Series 19. . . .1896-1908 
 
 American Criminal Reports* 16 ... . 1877-1910 
 
 American Railway Reports 21 ... . 1872-1881 
 
 American Railroad and Corporation Reports 12 ... . 1888-189G 
 
 American and English Railroad Cases 61. . . .1881-1896 
 
 American and English Railroad Cases, New Series* 68. . . . 1896-1913 
 
 t The Reporters comprising the National Reporter System are continuing series; the 
 latest volumes published up to about November, 1913, being indicated. 
 
 It Reports marked with a star * are a continuing series ; the latest volume published 
 up to about November, 1913, being indicated. 
 
442 Appendix. (Part VI 
 
 SPECIAL SUBJECT REPORTS-Continued.ft 
 
 Vols. Date. 
 
 American Negligence Cases 16 ... . 1789-1895 
 
 American Negligence Reports 21 1896-1910 
 
 Negligence and Compensation Cases* 3 . . . . 1909-1912 
 
 American Electrical Cases 9 . . . . 187 2-1908 
 
 American and English Patent Cases --'O . . . . 1662-1890 
 
 American Probate Reports S . . . . 1877-1896 
 
 Probate Reports Annotated 14. . . . 1897-1911 
 
 Banking Cases Annotated 5. . . .1900-1904 
 
 Morrison's Mining Reports 32. . . .1883-1907 
 
 Water and Mineral Cases f 1 1909 
 
 Municipal Corporation Cases 11 ... . 1887-1904 
 
 Street Railway Reports* 8 1903-1913 
 
 insurance Law Journal* 41 ... . 1871-1913 
 
 tt Reports marked with a star * are a continuing series ; tlie latest volume published 
 up to about November, 1910, being indicated, 
 t Succeeds Morrison's Mining Reports. 
 
CHAPTER 3. 
 
 REPORTER DIRECTORY, 
 
 Showing What State and Federal Reports are Covered 
 BY Each Part of the National Reporter System. 
 
 In the first of the two tables which follow are listed the various 
 Reporters which together constitute the National Reporter System. 
 Opposite each Reporter is indicated the State Reports covered by it, 
 and the date when the decisions of each state were first published 
 in the Reporter. 
 
 Thus the Atlantic Reporter takes up the Connecticut Reports on 
 May 4, 1885, reporting all subsequent cases. All cases reported in 
 53 Connecticut were decided later than that date, and accordingly they 
 are also in the Atlantic Reporter. 
 
 In some states, however, one or more volumes of the State Re- 
 ports overlap the period covered by the Reporter. This is the case 
 in Georgia, for instance; the Southeastern Reporter takes up the 
 Georgia cases on January 1, 1887. All cases in 79 Georgia and later 
 volumes are reported in the Southeastern Reporter. Volumes 17 and 
 78 Georgia both contain a number of cases decided after January 
 1, 1887, and therefore are reported in the Southeastern Reporter, al- 
 though the greater part of the cases in each volume are earlier than 
 the date mentioned. 
 
 The second table contains exactly the Same material as the first, 
 but differently arranged. 
 
 Here the State Reports are listed alphabetically by states, fol- 
 lowed by the name of the Reporter by which each is covered and the 
 date when the Reporter takes up the State Reports. 
 
 Brief Mak.(Gd Ed.) (443) 
 
444 
 
 Appendix. 
 
 (Part VI 
 
 (a) BY EEPORTER. 
 
 
 VOL. OF 
 
 
 REPORTER. 
 
 STATE REPORTS. 
 
 DATE. 
 
 Atlautic Reporter. 
 
 53 Conn. 
 6 Del. Ch. 
 
 May 4, 1885. 
 
 
 7 Houst. (Del.) 
 1 Marv. (Del.) 
 
 July 22, 1886. 
 
 
 1 Penn. (Del.) 
 
 
 
 1 Boyce (Del.) 
 
 
 
 78 Me. ' 
 
 Aug. 6, 1885. 
 
 
 64 Md. 
 
 June 23, 1885. 
 
 
 64 N. H. 
 
 March 12, 1886. 
 
 
 48 N. J. Law. 
 
 Nov., 1885. 
 
 
 41 N. J. Eq. 
 
 Oct., 1885. 
 
 
 110 Pa. 
 
 May 11, 1885. 
 
 
 15 R. I. 
 
 April 4, 1885. 
 
 
 58 Vt. 
 
 Nov. 23, 1885. 
 
 Northeastern Reporter. 
 
 114 111. 
 
 May 15, 1885. 
 
 
 102 Ind. 
 
 March 11, 1885. 
 
 
 1 Ind. App. 
 
 March 31, 1891. 
 
 
 139 Mass: 
 
 Nov. 5, 1884: 
 
 
 99 N. Y. 
 
 April 14, 1885. 
 
 
 43 Ohio St. 
 
 Feb. 24, 1885. 
 
 Northwestern Reporter 
 
 1 Dak. 
 
 Dec. Term, 1867. 
 
 
 51 Iowa. 
 
 Dec. 5, 1878. 
 
 
 41 Mich. 
 
 June 11, 1879. 
 
 
 26 Minn. 
 
 March 20, 1879. 
 
 
 9 Neb. 
 
 Jan., 1879. 
 
 
 1 Neb. Unoff. 
 
 Organiz'n of Com. 
 
 
 1 N. Dak. 
 
 Jan. Term, 1890. 
 
 
 1 S. Dak. 
 
 March 1, 1890. 
 
 
 46 Wis. 
 
 Jan. 7, 1879. 
 
 Pacific Reporter. 
 
 1 Ariz. 
 
 Jan., 1866 
 
 
 64 Cal. 
 
 July 2, 1883. 
 
 
 1 Cal. App. 
 
 Organiz'n of Cts. 
 
 
 2 Cal. Unrep. 
 
 Dec. 8, 1883. 
 
 
 7 Colo. 
 
 Dec, 1883. 
 
 
 1 Colo. App. 
 
 June 23, 1891. 
 
 
 2 Idaho. 
 
 Sept., 1881. 
 
 
 30 Kan. 
 
 May 3, 1883. 
 
 
 1 Kan. App. 
 
 March 19, 1895. 
 
 
 4 Mont. 
 
 Jan. 7, 1881. 
 
 
 17 Nev. 
 
 Jan. Term, 1882. 
 
 
 3 N. M. 
 
 March 21, 1883. 
 
 
 1 Okl. 
 
 June 24, 1890. 
 
 
 1 Okl. Cr. R. 
 
 Organiz'n of Cts. 
 
 
 11 Or. 
 
 March, 1883. 
 
 
 3 Utah. 
 
 Jan., 1881. 
 
 
 1 Wash. St. 
 
 July, 1889. 
 
Ch. 3) 
 
 Reporters Directory. 
 
 445 
 
 (a) BY REPORTEE— Cont'd. 
 
 REPORTER. 
 
 VOL. OF 
 STATE REPORTS. 
 
 DATE. 
 
 Pacific Reporter — Cont'd. 
 
 Southeastern Reporter. 
 
 Southern Reporter. 
 
 Southwestern Reporter. 
 
 Federal Reporter. 
 
 Supreme Court Reporter. 
 New York Supplement, 
 
 2 Wash. T. 
 
 3 Wyo. 
 
 79 Ga. 
 
 1 Ga. App. 
 96 N. Car. 
 26 S. Car. 
 83 A^a. 
 29 W. Va. 
 
 81 Ala. 
 1 Ala. App. 
 23 Fla. 
 39 La. Ann. 
 64 Miss. 
 
 47 Ark. 
 
 1 Ind. T. 
 85 Ky. 
 
 8 Ky. Law Rep. 
 89 Mo. 
 94 Mo. App. 
 85 Tenn. 
 66 Tex. 
 21 Tex. App. 
 31 Tex. Cr. R. 
 
 1 Tex. Civ. App. 
 
 Commerce Court ] 
 
 1 C. C. A. 
 
 1 U. S. App. J 
 
 U. S. Cir. & Dist. Cts. 
 
 106 U. S. 
 
 23 Abb. N. C. 
 
 1 App. Div. 
 16 Civ. Proc. 
 
 1 Con. Sur. 
 
 1 Gibbons, Sur. 
 
 1 Power, Sur. 
 
 1 Mills, Sur. 
 15 Daly. 
 49 Hun. 
 
 1 N. Y. Ann. Cas. 
 
 1 Misc. 
 
 7 N. Y. Cr. R. 
 56 N. Y. Super. Ct. 
 
 1 Silvernail. 
 
 July, 1880. 
 April 11, 1883. 
 
 Jan. 1, 1887. 
 Organiz'n of Ct. 
 Jan. 1, 1887. 
 April Term, 1886. 
 Jan. 1, 1887. 
 Oct. 30, 1886. 
 
 Dec. Term, 1886. 
 Organiz'n of Ct. 
 Jan. 1, 1887. 
 Jan. 1, 1887. 
 Oct., 1886. 
 
 Nov. Term, 1885. 
 Organiz'n of Cts. 
 June 1, 1886. 
 Aug. 2, 1886. 
 April Term, 1886. 
 April 28, 1902. 
 Oct. 20, 1886. 
 March 23, 1886. 
 March 7, 1886. 
 Organiz'n of Ct. 
 Organiz'n of Cts. 
 
 Organiz'n of Cts, 
 March 1, 1880 
 Oct. Term, 1882. 
 
 May 1, 1888. 
 
446 
 
 Appendix. 
 
 (Part VI 
 
 (b) BY STATE. 
 
 STATE OR TBRRITORT. 
 
 81 Alabama 
 
 1 Alabama App 
 
 1 Arizona 
 
 47 Arkansas 
 
 64 California 
 
 1 California App. . . . 
 
 2 California Unrep. . 
 
 7 Colorado 
 
 1 Colorado App 
 
 53 Connecticut 
 
 1 Dakota 
 
 6 Del. Ch 
 
 7 Houst. (Del.) 
 
 1 Marv. (Del.) 
 
 1 Penn. (Del.) 
 
 1 Boyce (Del.) 
 
 23 Florida 
 
 79 Georgia 
 
 1 Georgia App 
 
 2 Idaho 
 
 114 Illinois 
 
 1 Indian T 
 
 103 Indiana 
 
 1 Indiana App 
 
 51 Iowa 
 
 30 Kansas 
 
 1 Kansas App 
 
 85 Kentucky 
 
 8 Ky. Law Reporter. 
 
 39 Louisiana Ann 
 
 78 Maine 
 
 64 Maryland 
 
 139 Massachusetts . . . . 
 
 41 Michigan 
 
 26 Minnesota 
 
 64 Mississippi 
 
 89 Missouri 
 
 94 Missouri App 
 
 4 Montana 
 
 9 Nebraska 
 
 1 Nebraska Unoff. . . , 
 
 17 Nevada 
 
 64 New Hampshire.., 
 
 48 New Jersey Law. . , 
 
 41 New Jersey Eq. . . 
 
 3 New Mexico 
 
 REPORTER 
 WHERE FOUND. 
 
 South. Rep.. 
 South. Rep. 
 Pac. Rep. • 
 S. W. Rep... 
 Pac. Rep. . . 
 Pac. Rep. . . 
 Pac. Rep. . 
 Pac. Rep. . . 
 Pac. Rep. . . 
 Atl. Rep. . . . 
 N. W. Rep.. 
 
 Atl. Rep. 
 
 EVERY CASE IN STATE 
 REPORTS SINCE 
 
 Dec. Term, 1886. 
 
 Organization of Court. 
 
 Jan., 1866. 
 
 Nov. Term, 1885. 
 
 July 2, 1883. 
 
 Organization of Courts. 
 
 Dec. 8, 1883. 
 
 Dec, 1883. 
 
 June 23, 1891. 
 
 May 4, 1885. 
 
 Dec. Term, 1867. 
 
 July 22, 1886. 
 
 South. Rep , Jan. 1, 1887. 
 
 S. E. Rep. 
 S. E. Rep. . . 
 Pac. Rep. . . 
 N. E. Rep... 
 S. W. Rep... 
 N. E. Rep... 
 N. E. Rep... 
 N. W. Rep.. 
 Pac. Rep. . . 
 Pac. Rep. . . 
 S. W. Rep... 
 S. W. Rep... 
 South. Rep. . 
 Atl. Rep. . . . 
 Atl. Rep. . . , 
 N. E. Rep.., 
 N. W. Rep. 
 N. W. Rep. 
 South. Rep. 
 S. W. Rep.. 
 S. W. Rep.. 
 Pac. Rep. . 
 N. W. Rep. 
 N. W. Rep. 
 Pac. Rep. . 
 Atl. Rep. . . 
 Atl. Rep. . . 
 Atl. Rep. . . 
 Pac. Rep. . 
 
 Jan. 1, 1887. 
 Organization of Court. 
 Sept., 1881. 
 May 15, 1885. 
 Organization of Courts, 
 March 11, 1885. 
 March 31, 1891. 
 Dec. 5, 1878. 
 May 3, 1883. 
 March 19, 1895. 
 June 1, 1886. 
 Aug. 2, 1886. 
 Jan. 1, 1887. 
 Aug. 6, 1885. 
 June 23, 1885. 
 Nov. 5, 1884. 
 June 11, 1879. 
 March 20, 1879. 
 Oct., 1886. 
 April Term, 1886. 
 April 28, 1902. 
 Jan. 7, 1881. 
 Jan., 1879. 
 
 Organization of Com. 
 Jan. Term, 1882. 
 March 13, 1886. 
 Nov., 1885. 
 Oct., 1885. 
 March 21, 1883. 
 
Ch. 3) 
 
 Reporter Directory. 
 
 447 
 
 (b) BY STATE— Cont'd. 
 
 STATE OR TERRITORY. 
 
 99 New York 
 
 23 Abb. N. C. 
 
 1 App. Div. 
 16 Civil Proc. 
 
 1 Con. Sur. 
 
 1 Gibbons, Sur. 
 
 1 Power, Sur. 
 
 1 Mills, Sur. 
 15 Daly. 
 49 Hun. 
 
 1 N. Y. Ann. Cas. 
 
 1 Misc. 
 
 7 N. Y. Cr. R. 
 56 N. Y. Super. Ct. 
 
 1 Silvernail. 
 96 North Carolina..., 
 
 1 North Dakota 
 
 43 Ohio St , 
 
 1 Oklahoma 
 
 11 Oregon 
 
 110 Pennsylvania 
 
 15 Rhode Island 
 
 26 South Carolina. . . . 
 
 1 South Dakota 
 
 85 Tennessee 
 
 66 Texas 
 
 21 Texas App 
 
 31 Texas Cr. R 
 
 1 Texas Civ. App . . . . 
 106 United States 
 
 1 C. C. A 
 
 1 U. S. App 
 
 U. S. Cir. andDist. Cts. 
 
 3 Utah 
 
 58 Vermont 
 
 83 Virginia 
 
 1 Washington St 
 
 2 Washington T 
 
 29 West Virginia 
 
 46 Wisconsin 
 
 REPORTER 
 WHERE FOUND. 
 
 N. E. Rep. 
 
 N. Y. Supp. 
 
 .8. E. Rep... 
 N. W. Rep.. 
 N. E. Rep... 
 Pac. Rep. .. 
 Pac. Rep. .. 
 Atl. Rep. . . . 
 Atl. Rep. . . . 
 S. E. Rep. . . 
 N. W. Rep.. 
 S. W. Rep... 
 S. W. Rep... 
 S. W. Rep... 
 S. W. Rep... 
 S. W. Rep... 
 Sup. Ct. Rep. 
 
 Fed. Rep.. . . 
 
 Fed. Rep 
 
 Pac. Rep. . . 
 Atl. Rep. ... 
 S. E. Rep... 
 Pac. Rep. . . , 
 Pac. Rep. .., 
 S. E. Rep..., 
 N. W. Rep... 
 
 EVERY CASE IN STATE 
 REPORTS SINCE 
 
 April 14, 1885. 
 
 May 1, 1888. 
 
 3 Wyoming I Pac. Rep. 
 
 Jan. 1, 1887. 
 Jan. Term,, 1890. 
 Feb. 24, 1885. 
 June 24, 1890. 
 March, 1883. 
 May 11, 1885. 
 April 4, 1885. 
 April Term, 1886. 
 March 1, 1890. 
 Oct. 20, 1886. 
 March 23, 1886. 
 March 7, 1886. 
 Organization of Court. 
 Organization of Courts. 
 Oct. Term, 1882. 
 
 Organization of Court.<: 
 
 March 1, 1880. 
 Jan., 1881. 
 Nov. 23, 1885. 
 Jan. 1, 1887. 
 July, 1889. 
 July, 1880. 
 Oct. 30, 1886. 
 Jan. 7, 1879. 
 April 11, 1883. 
 
CHAPTER 4. 
 LIST OF ENGLISH REPORTS. 
 
 (a) TABLE OF ENGLISH REGNAL YEARS. 
 
 The regnal years of the various sovereigns are shown by the fol- 
 lowing table: 
 
 Length of 
 
 Sovereigns. Commencement of Reign. Reign. 
 
 William I October 14, 1066 21 
 
 William II September 26, 1087 13 
 
 Henry I August 5, 1100 36 
 
 Stephen December 26, 1135 19 
 
 Henry II December 19, 1154 35 
 
 Richard I September 23, 1189 10 
 
 John May 27, 1199 18 
 
 Henry III October 28, 1216 57 
 
 Edward I November 20, 1372 35 
 
 Edward II July 8, 1307 20 
 
 Edward III January 25, 1326 51; 
 
 Richard II June 22, 1377 23 
 
 Henry IV September 30, 1399 14 
 
 Henry V March 21, 1413 10 
 
 Henry VI September 1, 1422 39 
 
 Edward IV March 4, 1461 23 
 
 Edward V April 9, 1483 -^ 
 
 Richard III June 26, 1483 . 3 
 
 Henry VII August 22, 1485 24 
 
 Henry VIII April 22, 1509 ; 38 
 
 Edward VI January 28, 1547 7 
 
 Mary July 6, 1553 6 
 
 Elizabeth November 17, 1558 45 , 
 
 James I March 24, 1603 23 
 
 Charles I March 27, 1G25 24 
 
 The Commonwealth January 30, 1649 11 
 
 Charles II ^ ^lay 29, 1660 37 -^ 
 
 James II February 6, 1685 , . , 4 
 
 William and Mary ; February 13, 1689 . . . ; 14 
 
 Anne ; March 8, 1702 ; . : . : 13 
 
 George I August 1, 1714 !....' 13 
 
 George II ; June 11, 1727 34 
 
 George III October 25, 1760 ; . . . . 60 
 
 George IV January 29, 1820 11 
 
 WilHam IV ;. . . .;. June 26, 1830 :,.... 7 
 
 Victoria . . .: . . : June 20, 1837 ; 64 
 
 Edward \'II '. January 22,. 1901 9 
 
 George V . ; May 6, 1910 , — 
 
 • 1 Althougli Charles II did not ascend the throne until May 29, 1660, his regnal years 
 are computed from the death of Charles I. January 30, 1649, so that the year of his 
 restoration Is styled the twelfth of his reign. 
 
 Bbif.f Mak.(3d Ed.)— 29 (449) 
 
450 
 
 Appendix. 
 
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452 
 
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 Alphabetical List of English Reports. 
 
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 Alphabetical List of English Reports. 
 
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Ch. 4) 
 
 Alphabetical List of English Reports. 
 
 473 
 
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 474 Appendix. (Part VI 
 
 (c) CHEONOLOGICAL LIST OF ENGLISH REPORTS ARRANGED 
 ACCORDING. TO COURTS. 
 
 Following is a chronological list of the English reports, arranged 
 according to courts, and showing the number of volumes and period 
 covered by each series. 
 
 HOUSE OF LORDS. 
 
 No. of Vols. Period. 
 
 Shower 1 
 
 Colles 1 
 
 Brown, by Tomlins 8 
 
 Dow 6 
 
 Bligh 3 
 
 Bligh, New Series 11 
 
 Dow and Clark 2 
 
 Clark and Finnelly 12 
 
 Maclean and Robinson , 1 
 
 West 1 
 
 House of Lords Cases (Clark) 11 
 
 PRIVY COUNCIL. 
 
 Acton 1 1809 " 1811 
 
 Knapp 3 1829 " 1836 
 
 Moore 15 1836 " 1861 
 
 Moore, New Series ' 9 1862 " 1873 
 
 Moore, The Gorham Case 1 1850 
 
 Moore, East India Appeals 14 1836 " 1873 
 
 Indian Appeals Supplement 1 1872 " 1873 
 
 The Law Reports, Indian Appeals^ 38 1872 " 1911 
 
 CHANCERY. 
 
 Gary 1 
 
 Choyce Cases in Chancer}'- 1 
 
 Tothill 1 
 
 Dickens 2 
 
 Reports in Chancery 1 
 
 Nelson 1 
 
 Equity Cases Abridged 2 
 
 Cases in Chancery 1 
 
 Freeman 1 
 
 Finch (Sir H.) ' 1 
 
 Vernon 2 
 
 Finch's Precedents 1 
 
 Peere Williams 3 
 
 Gilbert 1 
 
 1557 
 
 >» 
 
 1604 
 
 1557 
 
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 1606 
 
 1559 
 
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 1646 
 
 1559 
 
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 1798 
 
 1615 
 
 » 
 
 1712 
 
 1625 
 
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 1693 
 
 1667 
 
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 1744 
 
 1660 
 
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 1688 
 
 1660 
 
 JJ 
 
 1706 
 
 1673 
 
 >r 
 
 1681 
 
 1681 
 
 jt 
 
 1720 
 
 1689 
 
 99 
 
 1723 
 
 1695 
 
 it 
 
 1736 
 
 1705 
 
 Jf 
 
 1727 
 
 X Reports marked thus t are a continuing series. 
 
Ch. 4) Chronological List of English Reports. 475 
 
 CHANCERY— Cont'd. 
 
 No. of Vols. Period. 
 
 Select Cases temp. King 1 
 
 Mosely 1 
 
 Kelynge, W 1 
 
 Talbot Cases temp 1 
 
 West 1 
 
 Atkyns 3 
 
 Ambler 2 
 
 Barnardiston 1 
 
 Ridgeway, temp. Hardwicke 1 
 
 Vesey, Sr., and Belt's Sup 3 
 
 Eden 2 
 
 Brown, by Eden 4 
 
 Brown, by Belt 4 
 
 Cox 2 
 
 Vesey, Jr., with Index, and Hovenden's Supp . 22 
 
 Vesey and Beames 3 
 
 Cooper (G.) 1 
 
 Merivale -. 3 
 
 Swanston 3 
 
 Jacob and Walker 2 
 
 Jacob 1 
 
 Turner and Russell * 1 
 
 Russell '. . . 5 
 
 (Only two parts of 5th vol. were published). 
 
 Russell & Mylne 2 
 
 Mylne and Keen 3 
 
 Mylne and Craig 5 
 
 Craig and Phillips 1 
 
 Phillips 2 
 
 Macnaghten and Gordon 3 
 
 De Gex, Macnaghten and Gordon 8 
 
 De Gex and Jones 4 
 
 De Gex, Fisher and Jones 4 
 
 De Gex, Jones and Smith 4 
 
 Collateral Reports. 
 
 Romilly's Notes of Cases 1 
 
 Wilson 1 
 
 Cooper temp. Brougham 1 
 
 Donnelly 2 
 
 Cooper's Practice Cases 1 
 
 Cooper temp. Cottenham 2 
 
 Hall and Twells 2 
 
 Equity Cases 3 
 
 • Rolls Court. 
 
 Tamlyn 1 1829 " 1830 
 
 Keen 2 1836 " 1838 
 
 Beavan 36 1838 " 1866 
 
 17?A 
 
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 1734 
 
 1726 
 
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 1730 
 
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 rt 
 
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 1744 
 
 tt 
 
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 1747 
 
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 ss 
 
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 1778 
 
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 ss 
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 1794 
 
 1783 
 
 1796 
 
 1789 
 
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 1814 
 1815 
 
 1815 
 
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 1818 
 
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 1819 
 
 1819 
 
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 1821 
 
 1821 
 
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 1823 
 
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Period. 
 
 1815 
 
 
 1822 
 
 1822 
 
 
 182G 
 
 1826 
 
 
 1849 
 
 1850 
 
 
 1852 
 
 1852 
 
 
 1859 
 
 1860 
 
 
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 1841 
 
 
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 1857 
 
 
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 1841 
 
 
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 1853 
 
 
 1854 
 
 1854 
 
 
 1858 
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 1860 
 
 
 1863 
 
 1862 
 
 
 1865 
 
 476 Appendix. (Part VI 
 
 CHANCERY— Cont'd. 
 
 Vice Chancellor's Court. 
 
 No. of Vols. 
 
 Maddock 6 
 
 Simons and Stuart 2 
 
 Simons 17 
 
 Simons, New Series 2 
 
 Drewry 4 
 
 Drewry and Smale 2 
 
 Younge and Collyer 2 
 
 Collyer 2 
 
 De Gex and Smale 5 
 
 Smale and Giffard 3 
 
 Giffard 5 
 
 Hare 11 
 
 Kay 1 
 
 Kay and Johnson ' 4 
 
 Johnson 1 
 
 Johnson and Hemming 2 
 
 Hemming and Miller 2 
 
 KING'S BENCH AND QUEEN'S BENCH. 
 
 Placita Anglo-Normannica 1 
 
 Rotuli Curiae Regis 2 
 
 State Trials, with Index 34 
 
 Year Books, of Edward 1 5 
 
 Year Books 11 
 
 Bellewe 1 
 
 Keilwey 1 
 
 Moore 1 
 
 Dyer 3 
 
 Brooke's New Cases 
 
 March's Translation of Brooke 
 
 Benloe 1 
 
 Leonard 1 
 
 Plowden 2 
 
 Owen 1 
 
 Noy 1 
 
 Coke 6 
 
 Goldbolt 1 
 
 Croke 4 
 
 Gouldesborough 1 
 
 Popham 1 
 
 Yelverton 1 
 
 Hobart 1 
 
 Davies (Ireland) 1 
 
 Ley 1 
 
 Calthrop 1 
 
 Bulstrode 1 
 
 Rolle 2 
 
 Palmer 1 
 
 Jones, Sir W 1 
 
 } > 
 
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 1194 
 
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 1163 
 
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 1292 
 
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 1378 
 
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 1496 
 
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 1512 
 
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 1513 
 
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Ch. 4) Chronological List of English Reports. 47/ 
 
 KING'S BENCH AND QUEEN'S BENCH— Cont'd. 
 
 No. of Vols. Teriod. 
 
 Latch 1 1635 " 1628 
 
 March's New Cases 1 1639 " 1653 
 
 Style 1 16 15 " 1G16 
 
 Aleyn 1 . 16-16 " 1619 
 
 Siderfin ' 2 1G57 " 1670 
 
 Raymond, Sir T 1 1660 " 1684: 
 
 Levinz 3 1660 " 1697 
 
 Keble 3 1661 " 1679 
 
 Kelyng, J -. . . 1 1662 " 1669 
 
 Saunders 3 1666 " 1673 
 
 Jones, T 1 1667 " 1685 
 
 \'entris 1 1668 " 1691 
 
 Pollexfen 1 1669 " 1685 
 
 Modern 12 icni) " 1732 
 
 Freeman 1 16; o " 1701 
 
 Shower 2 1678 " 1G95 
 
 Skinner 1 1681 " 1698 
 
 Comberbach . 1 li;:;5 " 1699 
 
 Carthew 1 1686 " 1701 
 
 Holt 1 16S8 " 1711 
 
 Salkeld 3 1689 " 1712 
 
 Raymond 3 1694 " 1734 
 
 Fortescue 1 1695 " 1738 
 
 Comyns 2 16i)5 " 1741 
 
 Sessions Cases 1 1710 " 1748 
 
 Gilbert's Cases in Law and Equity 1 1713 " 1715 
 
 Strange 2 1716 " 1749 
 
 Barnardiston 2 1726 " 1735 
 
 Fitzgibbon 1 1728 " 1733 
 
 Kelynge (Wm.) : 1 1730 " 1732 
 
 Barnes' Cases of Practice 1 17:12 " 1760 
 
 Ridgeway temp. Hardwicke 1 173:', " 1737 
 
 Cunningham • 1 1734 " 1736 
 
 Lee temp. Hardwicke 1 17."-3 " 1738 
 
 Andrews 1 1738 " 1740 
 
 Wilson 3 171 2 " 1774 
 
 Blackstone (W.) 2 1746 " 1780 
 
 Sayer 1 1751 " 1756 
 
 Kenyon 2 1753 " 1760 
 
 Wilmot's Notes and Opinions 1 1757 " 1770 
 
 Burrow 5 1757 " 1771 
 
 Lofft 1 177 2 " 1774 
 
 Cowper 2 1774 " 1778 
 
 Douglas 1 1778 " 1784 
 
 Durnford and East (Term Reports) 8 178,-, " 1800 
 
 East li 1801 " 1812 
 
 Maule and Selwyn 6 1813 " 1817 
 
 Barnewall and Alderson 5 1817 " 1822 
 
 Barnewall and Cresswell 10 1822 " 1830 
 
 Barnewall and Adolphus 5 1830 " 1834 
 
 Adolphus and EUis 12 1834 " 1840 
 
 Queen's Bench (Adolphus and Ellis, New Series) 18 1841 " 1852 
 
478 Appendix. (Part VI 
 
 KING'S BENCH AND QUEEN'S BENCH— Cont'd. 
 
 No. of Vols. Period. 
 
 Ellis and Blackburn 8 1852 " 1858 
 
 Ellis, Blackburn and Ellis 1 1858 
 
 Ellis and Ellis 3 1858 " 1861 
 
 Best and Smith. ; ... 10 1861 " 1869 
 
 Collateral Reports. 
 
 J. P. Smith 3 1803 " 1806 
 
 Dowling and Ryland 9 1821 "1827 
 
 Manning and Ryland. 5 1827 " 1830 
 
 Nevile and Manning 6 1831 " 1836 
 
 Nevile and Perry 3 1836 "1838 
 
 Perry, and Davison 4 1838 " 1841 
 
 Gale and Davison 3 1841 " 1843 
 
 Davison and Merivale 1 . 1843 " 1844 
 
 Harrison and Wollaston 2 1835 " 1836 
 
 Willmore, Wollaston and Davison 1 1837 
 
 Willmore, Wollaston and Hodges 2 1838 " 1839 
 
 Arnold and Hodges' Practice Cases 1 1840 " 1841 
 
 Cababe and Ellis 1 1822 " 1885 
 
 PRACTICE REPORTS AND BAIL COURT. 
 
 Chitty 2 1770 " 1822 
 
 DowHng 9 1830 " 1840 
 
 Dowling, New Series 2 1841 " 1842 
 
 Dowling and Lowndes 7 1843 " 1849 
 
 Saunders and Cole 2 1846 " 1848 
 
 Lowndes, Maxwell and Pollock 2 1850 " 1851 
 
 Lowndes and Maxwell 1 1852 " 1854 
 
 Wollaston 1 1840 " 1841 
 
 New Practice Cases 3 1844 " 1848 
 
 COMMON PLEAS. 
 
 Benloe and Dalison 1 I486 " 1580 
 
 Anderson 1 1534 " 1605 
 
 Brownlow and Goldsborough 1 1569 " 1624 
 
 Savile 1 1580 " 1594 
 
 Hutton 1 1612 " 1639 
 
 Bridgman, Sir J 1 1613 " 1G21 
 
 Winch 1 1621 " 1625 
 
 Littleton 1 1626 " 1632 
 
 Hetley 1 1627 " 1632 
 
 Bridgman, Sir Orlando 1 1660 " 1667 
 
 Carter 1 1664 " 1676 
 
 A^aughan 1 1665 " 1674 
 
 Lutwyche 2 1682 " 1704 
 
 Lutwyche, translated by Nelson 1 1682 " 1704 
 
 Cooke 2 1706 " 1747 
 
 Willes 1 1737 " 1758 
 
 Blackstone (H.) 2 1788 " 179C 
 
1796 
 
 
 1807 
 
 1808 
 
 
 1819 
 
 1819 
 
 
 1822 
 
 1823 
 
 
 1834 
 
 1834 
 
 
 1840 
 
 1840 
 
 
 1844 
 
 1845 
 
 
 1856 
 
 1856 
 
 
 1865 
 
 1814 
 
 
 1816 
 
 1817 
 
 
 1827 
 
 1828 
 
 
 1831 
 
 1831 
 
 
 1834 
 
 1834 
 
 
 1840 
 
 1840 
 
 
 1845 
 
 1835 
 
 
 1837 
 
 1838 
 
 
 1839 
 
 1840 
 
 
 1841 
 
 1865 
 
 
 1866 
 
 Ch. 4) Chronological List of Eng-lish Reports. 479 
 
 COMMON PLEAS— Cont'd. 
 
 No. of Vols. Period. 
 
 Bosanquet and Puller 5 
 
 Taunton 8 
 
 Broderip and Bingham 3 
 
 Bingham 10 
 
 Bingham, New Cases 6 
 
 Manning and Granger 7 
 
 Common Bench, with Index 19 
 
 Common Bench, New Series 19 
 
 Collateral Reports. 
 
 Marshall 2 
 
 Moore 12 
 
 Moore and Payne 5 
 
 Moore and Scott 4 
 
 Scott 8 
 
 Scott, New Reports 8 
 
 Hodges 3 
 
 Arnold 2 
 
 Drinkwater 1 
 
 Harrison and Rutherford 1 
 
 EXCHEQUER. 
 
 Jenkins 1 
 
 Lane 1 
 
 Hardres 1 
 
 Bunbury 1 
 
 Parker 1 
 
 Anstruther •. 3 
 
 Forest 1 
 
 Wightwick 1 
 
 Price 13 
 
 McCleland 1 
 
 and Younge 1 
 
 Younge and Jervis 3 
 
 Crompton and Jervis 2 
 
 Crompton and Meeson 2 
 
 Crompton, Meeson and Roscoe 2 
 
 Meeson and Welsby 16 
 
 Exchequer Reports (Welsby, Hurlstone and Gordon) 11 
 
 Hurlstone and Norman 7 
 
 Hurlstone and Coltman 4 
 
 Collateral Reports. 
 
 Price's Notes of Practical Cases 1 
 
 Tyrwhitt 5 
 
 Tyrwhitt and Granger 1 
 
 Gale 2 
 
 Murphy and Hurlstone 1 
 
 Horn and Hurlstone 2 
 
 Hurlstone and Walmsley 1 
 
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 1623 
 
 1605 
 
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 1612 
 
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 1669 
 
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 yy 
 
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 1743 
 
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 1767 
 
 1792 
 
 jy 
 
 1797 
 1801 
 
 1810 
 
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 1814 
 
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 1824 
 1824 
 1825 
 
 1826 
 
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 1830 
 
 jj 
 
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 1834 
 
 1834 
 
 j> 
 
 1836 
 
 1836 
 
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 1849 
 
 j> 
 
 1856 
 
 1856 
 
 >j 
 
 1861 
 
 1862 
 
 jj 
 
 1865 
 
 1830 
 
 yy 
 
 1831 
 
 1830 
 
 » 
 
 1835 
 1836 
 
 1835 
 
 yy 
 
 1836 
 
 1836 
 
 yy 
 
 1837 
 
 1838 
 
 yy 
 
 1839, 
 
 1840 
 
 >y 
 
 1841 
 
480 Appendix. (Part VI 
 
 EXCHEQUER— Cont'd. 
 
 Exchequer, Equity. 
 
 No. of Vols. Period. 
 
 Wilson 1 1817 
 
 Daniell 1 1817 " 1819 
 
 Younge 1 1830 " 1832 
 
 Younge and Collyer 4 1833 " 1841 
 
 NISI PRIUS. 
 
 Clayton 1 1631 " 1650 
 
 Peake 3 1790 " 1812 
 
 Espinasse 6 1793 " 1807 
 
 Campbell 4 1808 " 1816 
 
 Holt 1 1815 " 1817 
 
 Starkie 3 1815 " 1822 
 
 Gow 1 1818 " 1820 
 
 Bowling and Ryland 1 1822 " 1823 
 
 Ryan and Moody 1 1823 " 1826 
 
 Carrington and Payne 9 1823 " 1841 
 
 Moody and Malkin 1 1827 " 1830 
 
 Moody and Robinson 2 1831 " 1844 
 
 Carrington and Marshman 1 1840 " 1842 
 
 Carrington and Kirwan 3 1843 " 1850 
 
 Foster and Finlason 4 1858 " 1867 
 
 ECCLESIASTICAL, 
 
 Lee 2 1752 " 1758 
 
 Haggard (Consistory) 2 1752 " 1821 
 
 Phillimore 3 1809 " 1821 
 
 Addams 3 1822 " 1826 
 
 Haggard 4 1827 " 1833 
 
 Curteis 3 1834 " 1844 
 
 Notes of Cases in the Ecclesiastical and Maritime Courts. . 7 1841 " 1850 
 
 Robertson 2 1844 " 1851 
 
 Spinks (Ecclesiastical and Admiralty) ' 2 1853 " 1855 
 
 Deane and Swabey 1 1855 " 1857 
 
 Brodrick and Fremantle 1 1840 " 1865 
 
 Brooke 1 1850 " 1872 
 
 Dale 1 ISri 
 
 Phillimore's Ecclesiastical Judgments 1 1867 " 18T5 
 
 Cripp's Church and Clergy Cases 1847 " 1850 
 
 PROBATE AND DIVORCE. 
 
 Swabey and Tristram 4 1858 " 1865 
 
 Searle and Smith (parts 1 and 2 all published) 1859 " 1860 
 
Ch. 4) Chronological List of English Reports. 481 
 
 ADMIRALTY. 
 
 No. of Vols. Period. 
 
 Mariott 1 
 
 Robinson (Sir C.) 6 
 
 Edwards 1 
 
 Dodson 2 
 
 Haggard 3 
 
 Robinson (Dr. W. ) 3 
 
 Spinks (Eccl. and Adm.) 2 
 
 Spinks' Prize Cases 1 
 
 Swabey 1 
 
 Lushington 1 
 
 Browning and Lushington 1 
 
 Marsden 1 
 
 Collateral Reports. 
 
 Notes of Cases in the Ecclesiastical and Maritime Courts. . 7 
 
 Maritime Cases, Crockford 3 
 
 Maritime Cases, Aspinall| 11 
 
 Holt's Admiralty Cases 1 
 
 BANKRUPTCY. 
 
 Rose 2 
 
 Buck 1 
 
 Glyn and Jameson 3 
 
 Montagu and McArthur 1 
 
 Montagu 1 
 
 Montagu and Bligh 1 
 
 Deacon and Chitty 4 
 
 Montagu and Ayrton 3 
 
 Deacon 4 
 
 Montagu and Chitty 1 
 
 Montagu, Deacon and De Gex 3 
 
 De Gex 1 
 
 De Gex, Macnaghten and Gordon 1 
 
 De Gex and Jones 1 
 
 De Gex, Fisher and Jones 1 
 
 De Gex, Jones and Smith 1 
 
 Insolvency Cases (Cresswell) 1 
 
 Macrae and Hertslet 1 
 
 Fonblanque's Bankruptcy Cases 1 
 
 Gazette of Bankruptcy 4 
 
 Morrell 10 
 
 Manson, Bankruptcy and Companies Winding Up. J 19 
 
 RAILWAY AND CANAL CASES. 
 
 Nicholl, Hare, Carrow, Oliver, Beavan and Lefroy 7 1835 " 1855 
 
 Neville and Macnamara 3 1855 " 1881 
 
 Browne and Macnamara 6 1881 " 1896 
 
 Browne, Macnamara and Neville 3 1896 " 1905 
 
 Browne, Macnamara, Neville and RobertsonJ 2 1906 " 1911 
 
 t Reports marked thus t are a contiiluing series. 
 Beief Mak.(3d Ed.)— 31 
 
 1776 
 
 )J 
 
 1779 
 
 1799 
 
 f9 
 
 1808 
 
 1808 
 
 yy 
 
 1810 
 
 1811 
 
 jj 
 
 1822 
 
 1822 
 
 j> 
 
 1837 
 
 1838 
 
 J3 
 
 1852 
 
 1853 
 
 ft 
 
 1855 
 
 1854 
 
 99 
 
 1855 
 
 1858 
 
 9f 
 
 1859 
 
 1860 
 
 99 
 
 1863 
 
 1864 
 
 »> 
 
 1865 
 
 1648 
 
 99 
 
 1840 
 
 1841 
 
 JJ 
 
 1850 
 
 1860 
 
 ty 
 
 1871 
 
 1870 
 
 j> 
 
 1911 
 
 1863 
 
 )> 
 
 1867 
 
 1810 
 
 >j 
 
 1816 
 
 1816 
 
 99 
 
 1820 
 
 1821 
 
 >y 
 
 1828 
 
 1826 
 
 >» 
 
 1830 
 
 1830 
 
 J» 
 
 1832 
 
 1832 
 
 99 
 
 1833 
 
 1832 
 
 » 
 
 1835 
 
 1833 
 
 JJ 
 
 1838 
 
 1836 
 
 yy 
 
 1839 
 
 1838 
 
 >y 
 
 1840 
 
 1840 
 
 yy 
 
 1844 
 
 1845 
 
 )j 
 
 1848 
 
 1831 
 
 jj 
 
 1855 
 
 1857 
 
 J) 
 
 1859 
 
 1859 
 
 it 
 
 1861 
 
 1862 
 
 yy 
 
 1865 
 
 1827 
 
 jy 
 
 1829 
 
 1847 
 
 JJ 
 
 1852 
 
 1849 
 
 >» 
 
 1852 
 
 1861 
 
 >J 
 
 1863 
 
 1884 
 
 99 
 
 1893 
 
 1894 
 
 99 
 
 1912 
 
482 Appendix. (Part VI 
 
 MERCANTILE CASES. 
 
 No. of Vols. Period. 
 
 Danson and Lloyd 1 1828 " 1829 
 
 Lloyd and Welsby 1 1829 " 1830 
 
 COMPANIES' ACTS. 
 
 Megone 3 1889 " 1891 
 
 ELECTION CASES. 
 
 Glanville 1 1624 
 
 Douglas 4 1774 " 1776 
 
 Phillips 1 1782 
 
 Luders 3 1785 " 1787 
 
 Fraser 2 1790 " 1792 
 
 Peckwell ' 2 1802 " 1806 
 
 Corbett and Daniell 1 1819 
 
 Cockburn and Rowe ^ ...... ., 1 1832 
 
 Perry and Knapp 1 1833 
 
 Knapp and Ombler 1 1834 
 
 Falconer and Fitzherbert 1 1835 " 1839 
 
 Barron and Austin 1 1842 
 
 Barron and Arnold 1 1843 " 1846 
 
 Power, Rodwell and Dew 2 1847 " 1856 
 
 Wolferstan and Dew 1 1856 " 1858 
 
 Wolferstan and Bristowe 1 1859 " 1864 
 
 O'Malley and Hardcastle (Election Petitions) 5 1869 " 1896 
 
 REGISTRATION CASES. 
 
 Pigott and Rodwell 1 1843 " 1845 
 
 Lutwyche 2 1843 " 1853 
 
 Keane and Grant 1 1854 " 1862 
 
 Hopwood and Philbrick 1 1863 " 1867 
 
 Hopwood and Coltman 2 1868 " 1878 
 
 . Coltman 1 1879 " 1885 
 
 Fox and Smith 1 1886 " 1895 
 
 Smith 2 1896 " 1910 
 
 COURTS OF REVISION. 
 
 Manning 1 1832 
 
 Delane 1 1836 
 
 COMMERCIAL COURT, 
 
 Commercial Cases 18 1895 " 1913 
 
1776 
 
 
 1785 
 
 1791 
 
 
 1793 
 
 1822 
 
 
 1827 
 
 1827 
 
 
 1830 
 
 1832 
 
 
 1836 
 
 1836 
 
 
 1837 
 
 1844 
 
 
 1851 
 
 1844 
 
 
 1850 
 
 1862 
 
 
 1911 
 
 Ch. 4) Chronological List of English Reports. 483 
 
 MAGISTRATES' CASES. 
 
 No. of Vols. Period. 
 
 Caldecott 1 
 
 Nolan 1 
 
 Dowling and Ryland 1 
 
 Manning and Ryland 3 
 
 Nevile and Manning 3 
 
 Nevile and Perry 1 
 
 Carrow, Hamerton and Allen (New Sessions Cases) 4 
 
 Bittleston, Wise and Parnell (New Magistrates' Cases). . . 4 
 
 Cox's Magistrates' CasesJ 24 
 
 CROWN CASES. 
 
 Kelyng, Sir J 1 
 
 Foster 1 
 
 Leach 2 
 
 Russell and Ryan 1 
 
 IvCwin's Crown Cases on the Northern Circuit 2 
 
 Moody 2 
 
 Denison 2 
 
 Dearsly 1 
 
 Dearsly and Bell 1 
 
 Bell 1 
 
 Leigh and Cave 1 
 
 The Law Reports 2 
 
 Cox's Criminal Law Caseslf 22 
 
 Temple and Mew's Criminal Appeal Cases. 1 
 
 Central Criminal Court Cases$ 141 
 
 COUNTY COURTS. 
 
 Cox, Macrae and Hertslet 1 
 
 Roberts, Leeming and Wallis 1 
 
 Saunders and Macrae 2 
 
 Austin 1 
 
 De Colyar 1 
 
 County Courts Chronicle 40 
 
 County Courts Reports, New Series 27 
 
 PATENT CASES. 
 
 Davies 1 
 
 Carpmael 2 
 
 Webster 2 
 
 Macrory 1 
 
 Bovill's Patent, by Wynne 1 
 
 Higgins' Digest of Patent Cases, with Supplement 1 
 
 Goodeve's Abstract of Patent Cases 1 
 
 Reports of Patent CasesJ 29 
 
 t Reports marked thus t are a continuing series. 
 
 1662 
 
 
 1669 
 
 1743 
 
 
 1761 
 
 1730 
 
 
 1815 
 
 1799 
 
 
 1823 
 
 1822 
 
 
 1838 
 
 1824 
 
 
 1844 
 
 1844 
 
 
 1852 
 
 1852 
 
 
 1856 
 
 1856 
 
 
 1858 
 
 1858 
 
 
 1860 
 
 1861 
 
 
 1865 
 
 1865 
 
 
 1875 
 
 1843 
 
 » 
 
 1912 
 
 1848 
 
 
 1851 
 
 1834 
 
 
 1905 
 
 1847 
 
 
 1852 
 
 1849 
 
 
 1851 
 
 1852 
 
 
 1857 
 
 1867 
 
 
 1869 
 
 1867 
 
 
 1882 
 
 1847 
 
 
 1906 
 
 1860 
 
 
 1906 
 
 1785 
 
 )» 
 
 1816 
 
 1602 
 
 tj 
 
 1840 
 
 1601 
 
 it 
 
 1855 
 
 1841. 
 
 Jf 
 
 1856 
 1873 
 
 1623 
 
 ij 
 
 1880 
 1883 
 
 1884 
 
 it 
 
 1912 
 
484 
 
 Appendix. 
 
 (Part VI 
 
 SETTLEMENT CASES. 
 
 No. of Vols. Period. 
 
 Cases of Settlement ■ 1 . 1685 " 1733 
 
 Sessions Cases 2 1710 " 1748 
 
 Burrows' Settlement Cases 1 1732 " 1776 
 
 Bott ■ 3 1761 " 1827 
 
 Caldecott 1 1776 " 1785 
 
 TITHE CASES. 
 
 Rayner 3 1575 " 1782 
 
 Wood 4 1650 " 1798 
 
 Gwillim 4 1224 " 1824 
 
 Western 1 1535 " 1822 
 
 Eagle and Younge 4 1204 " 1826 
 
 PRACTICE CASES UNDER THE JUDICATURE ACTS. 
 
 Bittleston's Practice Reports 1 1875 " 1876 
 
 Bittleston's Reports in Chambers 1 1883 " 1884 
 
 Charley's Practice Cases 3 1875 " 1876 
 
 LOCUS STANDI, OR COURT OF REFEREES ON PRIVATE BILLS 
 
 IN PARLIAMENT. 
 
 Stone and Graham Reports (part 1) ISGG 
 
 Qifford and Stephens 2 1867 " 1872 
 
 Clifford and Rickards 3 1873 " 1884 
 
 Rickards and Michael 1 1885 " 1889 
 
 Rickards and Saunders 1 1890 " 1804 
 
 Saunders and Austin 2 1895 " 1905 
 
 THE LAW REPORTS. 
 
 The Appellate Series. 
 
 English and Irish Appeal Cases 7 
 
 Scotch and Divorce Appeal Cases 2 
 
 Privy Council Appeal Cases 6 
 
 Common Lazv Series. 
 
 Queen's Bench Series 10 
 
 Common Pleas Cases 10 
 
 Exchequer Cases 10 
 
 Probate and Divorce Cases 3 
 
 Admiralty and Ecclesiastical Cases 4 
 
 Crown Cases Reserved 2 
 
 The Equity Series. 
 
 Chancery Appeal Cases 10 
 
 Equity Cases 20 
 
 1865 ' 
 
 ' 1875 
 
 1866 ' 
 
 ' 1875 
 
 1865 
 
 ' 1875 
 
 1865 
 
 ' 1875 
 
 1865 
 
 ' 1875 
 
 1865 
 
 ' 1875 
 
 186.5 
 
 ' 1875 
 
 1865 
 
 ' 1875 
 
 1865 
 
 ' 1875 
 
 1865 
 
 ' 1875 
 
 1865 
 
 ' 1875 
 
1876 
 
 
 1890 
 
 1876 
 
 
 1890 
 
 1876 
 
 
 1880 
 
 1876 
 
 
 1880 
 
 1876 
 
 
 1890 
 
 1876 
 
 
 1890 
 
 Ch. 4) Chronological List of English Reports. 485 
 
 THE LAW REPORTS— Cont'd. 
 
 New Series. 
 
 No. of Vols. , Period. 
 
 Appeal Cases 15 
 
 Chancery Division 45 
 
 Common Pleas Division* 5 
 
 Exchequer Division* 5 
 
 Probate Division 15 
 
 Queen's Bench Division 25 
 
 Third Series.f 
 
 Appeal Cases 19 1891 " 1909 
 
 Chancery 43 1891 " 1909 
 
 Queen's Bench (King's Bench since 1901) 38 1891 " 1909 
 
 Probate 19 1891 " 1909 
 
 MISCELLANEOUS. 
 
 Star Chamber Cases (reprinted) 1 
 
 Clayton '. 1 
 
 Lilly 1 
 
 Conroy's Custodian Reports 1 
 
 Rowe's Parliamentary and Military Cases 1 
 
 Select Cases Relating to Evidence 1 
 
 Real Property and Conveyancing Cases 2 
 
 English Ruling Cases 26 
 
 The Revised Reports J 114 
 
 English Reports, Full Reprint (to be completed in 150 vol- 
 umes) 
 
 Lawf Journal Reports:): 83 
 
 Law Times Reports:): 106 
 
 Times Law Reports^ 28 
 
 Justice of the Peace J 76 
 
 Criminal Appeals 4 
 
 AMERICAN REPRINTS. 
 
 Admiralty Reports 9 
 
 Chancery Reports 69 
 
 Common Law Reports 118 
 
 Exchequer Reports 47 
 
 Ecclesiastical Reports 7 
 
 Law and Equity Reports 40 
 
 Law Reports 39 
 
 Moak's English Reports 38 
 
 * Beginning with 1881 these reports were consolidated with the Queen's Bench 
 Division. 
 
 t These reports are cited by years. 
 
 j Reports marked thus t are a continuing series. 
 
 
 
 1641 
 
 1631 
 
 JJ 
 
 1850 
 
 1688 
 
 >J 
 
 1693 
 
 1652 
 
 )* 
 
 1788 
 
 1798 
 
 J» 
 
 1823 
 
 1698 
 
 JJ 
 
 1732 
 
 1843 
 
 tj 
 
 1848 
 1902 
 
 1785 
 
 i) 
 
 1859 
 
 1300 
 
 if 
 
 1865 
 
 1832 
 
 ft 
 
 1913 
 
 1859 
 
 Jf 
 
 1912 
 
 1884 
 
 »> 
 
 1912 
 
 1837 
 
 )» 
 
 1912 
 
 1908 
 
 tf 
 
 1910 
 
 1776 
 
 
 1850 
 
 1821 
 
 
 1865 
 
 1813 
 
 
 1865 
 
 1824 
 
 
 1866 
 
 1752 
 
 
 1844 
 
 1850 
 
 
 1857 
 
 1865 
 
 
 1871 
 
 1872 
 
 
 1889 
 
CHAPTER 5. 
 
 LIST OF CITATION BOOKS. 
 
 This list covers all Citation Books issued to about November, 1913. 
 
 State. Citation Book. 
 
 Alabama > Shepard's Citations. 
 
 Arkansas Shepard's Citations. 
 
 Arkansas Citator. 
 California Rose's Notes. 
 
 Shepard's Citations. 
 
 Colorado Shepard's Citations. 
 
 Connecticut Shepard's Citations. 
 
 Dakota fN. & S.) Shepard's Citations. 
 
 Notes on Reports. 
 
 Florida Shepard's Citations. 
 
 Georgia Shepard's Citations. 
 
 Idaho , Idaho Citator. 
 
 Shepard's Citations. 
 Illinois Fiske's Citations. 
 
 Shepard's Citations. 
 
 The Citator. 
 Indiana Shepard's Citations. 
 
 The Citator. 
 
 Thompson's Citations. 
 
 Woolen's Topical Annotations. 
 Iowa Aitchison's Annotations. 
 
 Russell's Notes. 
 
 Shepard's Citations. 
 
 The Citator. 
 Kansas Shepard's Citations. 
 
 The Citator. 
 Kentucky Caldwell's Notes. 
 
 Shepard's Citations. 
 
 Louisiana Shepard's Citations. 
 
 Maine Shepard's Citations. 
 
 Maryland Shepard's Citations. 
 
 Massachusetts Williams' Citations. 
 
 Shepard's Citations. 
 Michigan : Shepard's Citations. 
 
 The Citator. 
 Minnesota Notes on Reports. 
 
 Shepard's Citations. 
 
 The Citator. 
 
 Mississippi Shepard's Citations. 
 
 Missouri Shepard's Citations. 
 
 The Citator. 
 Montana Montana Citator. 
 
 Shepard's Citations. 
 
 Nebraska Shepard's Citations. 
 
 Brief Mak.(3d En.) (4S6) 
 
Ch. 5) List of Citation Books. 487 
 
 State. Citation Book. 
 
 Nevada Notes on Reports. 
 
 Shepard's Citations. 
 
 New Hampshire Shepard's Citations. 
 
 New Jersey Shepard's Citations. 
 
 New York ■. . . Kreidler's Table of Cases. 
 
 Shepard's Citations. 
 
 Silvernail's Citations. 
 
 Taylor's Citations. 
 
 North Carolina Shepard's Citations. 
 
 North Dakota Shepard's Citations. 
 
 Notes on Reports. 
 Ohio Longsdorf 's Notes. 
 
 Shepard's Citations. 
 
 Stewart's Citations. 
 
 Thompson's Citations. 
 
 Oklahoma Shepard's Citations. 
 
 Oregon Oregon Citator. 
 
 Shepard's Citations. 
 
 Pennsylvania Shepard's Citations. 
 
 Rhode Island Shepard's Citations. 
 
 South Carolina "W'etmore's Citations. 
 
 South Dakota Notes on Reports. 
 
 Shepard's Citations. 
 
 Tennessee Shepard's Citations. 
 
 Texas Herron's Citations. 
 
 Rose's Notes. 
 
 Shepard's Citations. 
 
 The Citator. 
 
 Utah Shepard's Citations. ' 
 
 Vermont Horton's Citations. 
 
 Virginia Hank's Annotations. 
 
 Shepard's Citations. 
 Washington . , Remington's Notes. 
 
 Shepard's Citations. 
 
 Washington Citator. 
 
 West Virginia Shepard's Citations. 
 
 Wisconsin Miller's Citations. 
 
 Shepard's Citations. 
 
 The Citator. 
 
 Wing & Wattawa's Annotations. 
 United States , Ash's Federal Citations. 
 
 Rose's Notes (U. S. Sup. Ct.). 
 
 Shepard's Citations (Federal , Re- 
 porter). . , 
 
 Shepard's Citations (U. S. Sup. Ct.). 
 
CHAPTER 6. 
 
 LIST OF DIGESTS. 
 
 (a) GENERAL DIGESTS. 
 
 AMERICAN DIGEST SYSTEM. 
 
 (I) Century Digest 1658-1896 (Incl.) 
 
 (II) Decennial Digest 1897-1906 (Incl.) 
 
 (III) American Digest, Key-Number Series (Current) . . . 1907 to date 
 
 (IV) American Digest, Monthly Edition (Current), 
 
 Monthly Advance Sheets of the Key-Number Se- 
 ries. 
 
 (b) STATE DIGESTS. 
 
 Brickell, R. C. 
 2 Vols.... 
 
 ALABAMA. 
 
 Fe- iod Covered. 
 
 1820-1869 
 
 Report* Digested. 
 
 Minor 
 Stewart 1-3 
 Stewart & Porter 1-5 
 Porter 1-9 
 Ala. 1-43 
 
 1 (Vol. 3) 1870-1884 Ala. 44-76 
 
 Mayfieid, James J. 
 
 4 Vols 1820-1899 
 
 Parallel references to the South- 
 ern Reporter are added to ci- 
 tations of cases in all volumes 
 of Mayfleld's Digest. 
 
 Minor 
 Stewart 1-3 
 Stewart & Porter 1-5 
 Porter 1-9 
 Ala. 1-125 
 
 1 (Vol. 5) 1899-1904 Ala. 125-140 
 
 ARIZONA. 
 
 Lewis, E. W. 
 
 1, Vol. (Found in back of Vol. 10 
 
 Ariz.) 1866-1906 Ariz. 1-10 
 
 Parallel references to the Pacific 
 Reporter are added to cita- 
 tions of all cases in this Di- 
 gest. 
 
 ARKANSAS. 
 
 Rose, U. M. 
 1 Vol... 
 
 BEirr Mak.(3p Ed.) 
 
 . . . 1837-1861 Ark. 1-23 
 
 (488) 
 
Ch. 6) 
 
 State Digests, 
 
 489 
 
 Reports Digested. 
 
 Ark. 24-54 
 
 ARKANSAS— Continued. 
 
 Oliphint, T. J. Period covered. 
 
 2 Vols 1862-1892 
 
 Hopkins, R. D., and Morgan, E. R. 
 
 2 Vols 1837-1885 Ark. 1-44 
 
 Crawford, T. D. 
 
 2 Vols 1837-1896 
 
 1 (Vol. 3) 1896-1906 
 
 Ark. 1-62 
 Ark. 63-77 
 
 CALIFORNIA. 
 
 Deering, James H. 
 3 Vols 
 
 , 1850-1893 Cal. 1-100 
 
 Sims, R. M. 
 2 Vols. 
 
 Parallel references to the Pacific 
 Reporter and American State 
 Reports are added to citations 
 of all cases in this Digest. 
 
 ,1894-1904 Cal. 101-142 
 
 Green, Edmund S. 
 6 Vols 
 
 1850-1907 
 
 Parallel references to the Pacific 
 Reporter, American Decisions, 
 American Reports, American 
 State Reports and Lawyers' 
 Reports Annotated are added 
 to citations of all cases in this 
 Digest. 
 
 Ballentine, James A. 
 
 1 (Vol. 7. Supplementing Green's 
 Dig.) 1907-1910 
 
 See note above. 
 
 Martin, Geo. J. (Cumulative Quarterly 
 
 Digest) 1912 to date 
 
 See note above. 
 
 Cal. Sup. 1-147 
 Cal. App. 1 
 
 Pacific Reporter (Califor- 
 nia Cases) 1-88 
 
 Cal. Sup. 148-154 
 
 Cal. App. 2-9 
 
 Coffey's Probate Dec. 1-5 
 
 Cal. 159 to date 
 Cal. App. 15 to date 
 
 COLORADO. 
 
 Morrison, R. S. 
 
 1 Vol 1864-1899 
 
 Parallel references to the Pacific 
 Reporter are added to all cita- 
 tions in Table of Cases Di- 
 gested of this Digest. 
 
 Colo. Sup. 1-25 
 
 Colo. App. 1-13 
 
 Also all Colorado cases re- 
 ported on appeal in the 
 "Federal Cases" Series, 
 Federal Reporter vols. 
 1-100, United States Re- 
 ports vols. 101-178 and 
 Supreme Court Reporter 
 vols. 1-21 
 
490 
 
 Appendix. 
 
 (Part VI 
 
 COLORADO— Continued. 
 
 Mills, J. Warner ^ ,^n 
 
 ' •' Period Covered. 
 
 2 Vols 1861-1900 
 
 Parallel references to the Pacific 
 Reporter are added to cita- 
 tions of all cases in tliis Di- 
 gest. 
 
 1 (Vol. 3) 1900-1906 
 
 Parallel references to the Pacific 
 Reporter are added to cita- 
 tions of all cases in this Di- 
 gest 
 
 Reports I>i£:ested. 
 
 Colo. Sup. 1-27 
 
 Colo. App. 1-14 
 
 Pacific Reporter (Colorado 
 Cases) 1-59 
 
 Also all Colorado cases re- 
 ported on appeal in the 
 "Federal Cases" Series, 
 Federal Reporter vols. 1- 
 97, United States Re- 
 ports vols. 1-174 and 
 Supreme Court Reporter 
 vols. 1-19 
 
 Colo. Sup. 27-33 
 
 Colo. App. 14-20 
 
 Also all Colorado cases re- 
 ported on appeal in the 
 Federal Reporter vols. 
 98-139, United States 
 Reports vols. 175-204 
 and Supreme Court Re- 
 porter vols. 20-26 
 
 CONNECTICUT. 
 
 Baldwin, Simeon E. 
 1 Vol 
 
 . 1784-1869 
 
 1 (Vol. 2) 1869-1880 
 
 Kirby 
 
 Root 1, 2 
 
 Day 1-5 
 
 Conn. 1-35 
 
 Also Connecticut cases ap- 
 pealed to the Federal 
 courts and reported in 
 the "Federal Cases" Se- 
 ries 
 
 Conn. 36-47 
 
 Also Connecticut cases ap- 
 pealed to the Federal 
 courts and reported in 
 the "Federal Cases" Se- 
 ries 
 
 Andrews, James P., and Fowler, George 
 B. (Index-Digest) 
 
 1 Vol 1784-1893 Kirby 
 
 Root 1, 2 
 Day 1-5 
 Conn. 1-63 
 
Ch.6) 
 
 State Digests. 
 
 491 
 
 CONNECTICUT— Continued. 
 
 Baldwin, Simeon E. (Revision [Revised 
 
 by Beers, George E.]) Period covered. 
 2 Vols 1784-1900 
 
 Reports Digested. 
 
 Kirby 
 
 Root 1, 2 
 
 Day 1-5 
 
 Conn. 1-72, p. 480 
 
 Also Connecticut cases re- 
 ported on appeal in the 
 Federal Reporter, vols. 
 1-97 
 
 DAKOTA. 
 
 See North and South Dakota. 
 
 DELAWARE. 
 
 Ridgely, Henry 
 1 Vol 
 
 , 1814-1894 Harrington 1-5 
 Del. Ch. 1-5 
 Houston 1-6 
 Houston's Crim. Cas. 1 
 
 DISTRICT OP COLUMBIA. 
 
 Cogley, Thomas S. (Digest of Reports 
 
 and Statutes) 
 
 1 Vol 1801-1891 1 Cranch C. C. to 19 D. C. 
 
 Maupin, Chapman W. 
 
 1 Vol 1801-1899 1 Cranch C. C. to 14 App. 
 
 D. C. 
 
 Torbert, Wm. S. (Index-Digest) 
 
 1 Vol 1893-1908 App. D. C. 1-29 
 
 FLORIDA. 
 
 Choate, Chas. A. 
 
 1 Vol 1846-1888 Fla. 1-24 
 
 1 (Vol. 2) 1889-1897 Fla. 25-39 
 
 Wurts, John (Index-Digest) 
 
 1 Vol 1846-1904 1 Fla. to 36 South. 
 
 Parallel references to the South- 
 ern Reporter are added to ci- 
 tations of all cases in this Di- 
 gest. 
 
492 
 
 Appendix. 
 
 (Part VI 
 
 GEORGIA. 
 
 rJaCOn, A. U. Period CoTered. Reports Digested. 
 
 2 Vols 1846-1870 Ga. 1-40 
 
 Harris, N. E. 
 
 1 Vol 1870-1874 Ga. 41-50 
 
 Harris, N. E. (Index-Digest) 
 
 1 Vol 1870-1878 Ga. 41-61 
 
 Van Epps, Howard (Index-Digest) 
 
 1 Vol 1878-1888 Ga. 62-81 
 
 Van Epps, Howard, and Aikin, John W. 
 (Index-Digest) 
 
 3 Vols .'. .'. .T.".Vri805-1897 T. U. P. Charlton 
 
 R. M. Charlton 
 Dudley 
 Ga. Dec. 
 Ga. 1-100 
 
 IDAHO. 
 
 Heyburn, Weldon B. (Laws and Deci- 
 sions Annotated and Digested) 
 
 1 Vol 1866-1900 Idaho 1, 2 
 
 Parallel references to the Pacific Pacific Reporter (Idaho 
 
 Reporter are added to cita- cases) 32-59 
 
 tions of all cases in this Di- 
 gest. 
 
 Ailshie, James F., and Snow, Edwin 
 
 1 Vol 1866-1907 Idaho 1-13 
 
 Parallel references to the Pacific 
 Reporter are added to cita- 
 tions of all cases in this Di- 
 gest. 
 
 ILLINOIS. 
 
 Guerin, M. Henry, Goss, Ferdinand, and 
 Shrinski, Israel (Index-Digest) 
 
 2 Vols 1819-1901 Breese 1 
 
 Scammon 1-4 
 Gilman 1-5 
 111. Sup. 11-191 
 111. App. 1-96 
 Moore, Ira M. (Index-Digest) 
 
 2 Vols 1819-1901 Breese 1 
 
 Scammon 1—4 
 Gilman 1-5 
 111. Sup. 11-190 
 111. App. 1-95 
 
Ch. 6) 
 
 State Digests. 
 
 493 
 
 ILLINO I S— Continued. 
 
 Kinney Perlotl Csvercd. 
 
 7 Vols 1819-1903 
 
 Volumes 4, 5, 6, and 7 are Sup- 
 plemental. 
 
 Parallel references to the North- 
 eastern Reporter are added to 
 citations of cases in vol. 7. 
 
 Keports Digested. 
 
 Breese 1 
 Scammon 1-4 
 Gilman 1-5 
 111. Sup. 11-200 
 111. App. 1-104 
 
 Cyclopedic Digest, Annotated 
 9 Vols. 
 
 1819-1902 
 
 Breese 1 
 Scammon 1—4 
 Gilman 1-5 
 111. Sup. 11-198 
 111. App. 1-102 
 
 2 (Vols. 10, 11) 1902-1907 111. Sup. 199-230 
 
 Parallel references to the North- W- App. 103-130 
 
 eastern Reporter are added to 
 citations of all cases in this 
 Digest. 
 
 Callaghan & Co. 
 
 4 Vols 1819-1912 111. Sup. 1-250 
 
 Parallel references to the North- 111- App. 1-159 
 
 eastern Reporter are added to 
 citations of cases in this Di- 
 gest. 
 
 INDIANA, 
 
 Ripley, Warwick H. 
 
 2 Vols. 1817-1881 Blackford 1-8 
 
 Ind. Sup. 1-73 
 Woollen, William Watson 
 
 2 Vols 1881-1895 Ind. Sup. 73-139, part of 
 
 140 
 Ind. App. 1-11, part of 12 
 Remy, Charles F. 
 
 1 Vol 1895-1902 Ind. Sup. 140-157 
 
 Ind. App. 12-27 
 Burns, Harrison 
 
 2 Vols 1817-1903 Blackford 1-8 
 
 Ind. Sup. 1-161 
 Ind. App. 1-31 
 Ewbank, Louis B. 
 
 1 Vol 1903-1906 Ind. Sup. 162-165 
 
 Ind. App. 32-35 with an 
 appendix digesting late 
 cases published in the 
 Northeastern Reporter 
 but not yet published in 
 the official reports at the 
 time of issuance of the 
 Digest 
 
494 
 
 Appendix. 
 
 (Part VI 
 
 INDIANA— Continued. 
 West Publishing Co. P^,i„a covered. 
 12 Vols 1817-1,910 
 
 standard Classification, Key- 
 numbered. 
 
 Parallel references to the North- 
 eastern Reporter, Lawyers' 
 Reports Annotated, American 
 Decisions, American Reports 
 and American State Reports 
 are added to citations of all 
 cases in this Digest. 
 
 BepoTts Digested. 
 
 Smith 
 Wilson 
 Blackf. 1-8 
 Ind. Sup. 1-172 
 Ind. App. 1-43 
 Northeastern Reporter (In- 
 diana cases) 1-92, p. 480 
 
 INDIAN TERRITORY. 
 
 See Oklahoma. 
 
 McClain, Emlin 
 2 Vols 
 
 IOWA. 
 1839-1887 
 
 1 (Vol. 3) 18S7-1898 
 
 1 (Vol. 4) ..1898-1903 
 
 McClain, Emlin (New Digest) 
 4 Vols 
 
 Parallel references to the North- 
 western Reporter are added to 
 citations of all cases in this Di- 
 gest 
 
 1839-1908 
 
 Cyclopedic Digest, Annotated 
 1 (Vol. 5 of McClain) . . . . 
 
 , 1909-1911 
 
 Parallel references to the North- 
 western Reporter are added to 
 citations of all cases in this Di- 
 gest 
 
 Morris 
 Greene 1-4 
 Iowa 1-70 
 
 Iowa 71-104 
 
 Also Iowa cases in the 
 Northwestern Reporter 
 to and including vol. 75, 
 which were not officially 
 reported at the time of 
 issuance of this Digest. 
 
 Iowa 106-117 
 
 Also Iowa cases in the 
 Northwestern Reporter 
 to and including vol. 95, 
 which were not officially 
 reported at the time of 
 issuance of this Digest. 
 
 Morris 
 
 Greene 1—4 
 
 Iowa 1-134 
 
 Also Iowa cases in the 
 Northwestern Reporter 
 to and including vol. 1 14, 
 which were not officially 
 reported at the time of 
 issuance of this Digest. 
 
Ch.6) 
 
 State Digests. 
 
 495 
 
 KANSAS. 
 
 Valentine, Daniel M. 
 2 Vols 
 
 Period Covered, 
 
 . 1854-1897 
 
 Dassler, C. F. W. 
 1 Vol 
 
 Parallel references to the Pacific 
 Reporter are added to cita- 
 tions of all cases in this Di- 
 gest 
 
 . 1854-1901 
 
 1 Vol. (Supp.) 1901-1905 
 
 Parallel references to the Pacific 
 Reporter are added to cita- 
 tions of all cases in this Di- 
 gest 
 
 West Publishing Co. 
 5 Vols , 
 
 standard classification, Key- 
 numbered. 
 
 Parallel references to the Pacific 
 Reporter, American Decisions, 
 American Reports, American 
 State Reports, and Lawyers' 
 Reports Annotated are added to 
 citations of all cases in this Di- 
 eest 
 
 .1854-1908 
 
 Beiwrts Dig:eBted. 
 
 McCahon 
 
 Kan. Sup. 1-58, part of 59 
 
 Kan. App. 1-6 
 
 Kan. Sup. 1-62 
 
 Kan. App. 1-10 
 
 Also all Kansas cases re- 
 ported on appeal in the 
 Federal and United 
 States Supreme Court 
 Reporters during the pe- 
 riod covered by the Di- 
 gest. 
 
 Kan. Sup. 63-70 
 
 Also all Kansas cases re- 
 ported on appeal in the 
 Federal and United 
 States Supreme Court 
 Reporters during the pe- 
 riod covered by the Di- 
 gest. 
 
 McCahon 
 
 Kan. Sup. 1-77 
 
 Kan. App. 1-10 
 
 Pacific Reporter (Kansas 
 cases) 1-94, p. 256 
 
 Also all Kansas cases re- 
 ported on appeal in the 
 Federal and United 
 States Supreme Court 
 Reporters. 
 
 Barbour, J. 
 2 Vols. 
 
 KENTUCKY. 
 1785-1878 
 
 Hughes 
 Sneed 
 Hardin 
 Bibb 1-4 
 
 A. K. Marshall 1-3 
 Littell 1-5 
 
 Littell's Select Cases 
 T. B. Monroe 1-^7 
 
 J. J. Marshall 1-7 
 Dana 1-9 
 
 B. Monroe 1-18 
 Metcalfe 1-4- 
 Duvall 1, 2 
 
 Bush 1-12, part of 13 
 
496 
 
 Appendix. 
 
 (Part VI 
 
 KENTU C K Y— Continued. 
 
 Barbour, J.— Cont'd. 
 2 (Vols. 3, 4) . . . 
 
 Period Covered. 
 
 . 1878-1896 
 
 Caldwell, Frederick P. 
 
 2 (Vols. 5, 6. Supplementing Bar- 
 bour's Digest.) 1895-1902 
 
 Parallel references to the Soutli- 
 western Reporter and Law- 
 yers' Reports Annotated are 
 added to citations of all cases 
 in this Digest. 
 
 West Publishing Co. 
 5 Vols 
 
 1785-1904 
 
 standard classification. 
 
 Parallel references to the South- 
 western Reporter, American 
 Decisiona, American Reports, 
 American State Reports, and 
 Lawyers' Reports Annotated 
 are added to citations of all 
 cases in this Digest. 
 
 2 (Vols. 6, 7) 1904-1911 
 
 standard classification, Key- 
 numbered. 
 
 Parallel references to the South- 
 western Reporter, American 
 Decisions, American Reports, 
 Amei'ican State Reports, and 
 Lawyers' Reports Annotated 
 are added to citations of all 
 cases in this Digest. 
 
 Bobbs-Merrill Co. (Cumulative Digest) 
 
 1 Vol 1904-1908 
 
 Standard classification. 
 
 Parallel references to the South- 
 western Reporter are added to 
 citations of all cases in this Di- 
 gest. 
 
 1 (Vol. 2) 1908-1911 
 
 standard classification, Key- 
 numbered. 
 
 Parallel references to the South- 
 western Reporter are added to 
 citations of all cases in this Di- 
 gest. 
 
 Reports Digested. 
 
 Bush 13, 14 
 
 Ky. 78-96 
 
 Ky. Law Rep. 1-16 
 
 Ky. 97-105 
 
 Ky. Law Rep. 17-22, part 
 of 23 
 
 Ky. 1-117, part of 118 
 Ky. Law Rep. 1-25, part 
 
 of 26 
 Southwestern Reporter 
 
 (Kentucky cases) 1-80 
 
 Ky. 119-142, parts of 118 
 and 143 
 
 Ky. 119-142, part of 118 
 S. W. 81-112 
 
 Ky. 125-145 
 Ky. Opin. 1-7 
 S. W. 113-139 
 
 LOUISIANA. 
 
 Hennen, William D. 
 2 Vols 
 
 , 1809-1860 
 
 Martin (O. S.) 1-12 
 Martin (N. S.) 1-8 
 La. 1-19 
 Rob. 1-12 
 La. Ann. 1-14 
 
Ch.6) 
 
 State Digests. 
 
 497 
 
 LOUISIANA— Continued. 
 
 Louque, Charles Period covered. BeportB Digested. 
 
 1 Vol 1860-1878 La. Ann. 15-30, p. 800 
 
 Also Louisiana cases re- 
 ported on appeal in the 
 United States Supreme 
 Court Reports and the 
 laylor, James F. "Federal Cases" Series. 
 
 1 Vol 1878-1888 La. Ann. 30, p. 800, to 40, 
 
 p. 718 
 Breaux, Joseph A. 
 
 1 Vol 1888-1900 La. Ann. 40-52 
 
 Also Louisiana cases re- 
 ported on appeal in the 
 United States Supreme 
 Court Reports and Fed- 
 eral Reporter. • 
 Roehl, Theodore 
 
 2 Vols 1900-1910 La. 104-125 
 
 Knobloch, Arthur F. (Criminal Digest) 
 
 1 Vol 1809-1887 Martin (O. S.) 1-12 
 
 Martin (N. S.) 1-8 
 La. 1-19 
 Rob. 1-12 
 La. Ann. 1-39 
 Manning's Unrep. Cas. 
 
 MAINE. 
 
 Plaisted, Harris M., and Appleton, Fred- 
 erick H. 
 
 1 Vol 1820-1878 Me. 1-68 
 
 Coffin, Edward P. 
 
 1 Vol 1879-1889 Me. 69-81 
 
 Savage, Albert R. (Index-Digest) 
 
 1 Vol 1820-1896 Me. 1-88 
 
 1 Vol. (Supp.) 1896-1908 Me. 89-103 
 
 MARYLAND. 
 
 Norris, William H., Brown, George Wil- 
 liam, and Brune, Frederick Wm. 
 
 1 Vol 1658-1842 
 
 Brief Mak.(3d Ed.)— 32 
 
 Harris & McHenry 1-4 
 Harris & Gill 1, 2 
 Harris & Johnson 1-7 
 Gill & Johnson 1-12 
 Bland's Chancery 1-3 
 
498 
 
 Appendix. 
 
 (Part VI 
 
 MARYLAND— Continued 
 Stockett, J. Shaaff, Merrick, Richard T., 
 
 and Miller, Oliver Period covered. 
 1 Vol 1843-1855 
 
 Cohen, J. I., and L,ee, James Fenner 
 
 1 Vol 1856-1863 Md. 9-20 
 
 Burgwyn, Wm. H. S. 
 
 1 Vol 1863-1876 
 
 Ringgold, James T. (IndexiDigest) 
 
 1 Vol '. 1658-1883 
 
 Brantly, William T. 
 2 Vols 
 
 .1658-1893 
 
 1 Vol. (Supp.) 1893-1898 
 
 1 Vol. (Supp.) 1899-1907 
 
 MASSACHUSETTS. 
 
 Throop, Montgomery H. 
 
 2 Vols 1804-1886 
 
 Gumming, Robert C. 
 
 1 (Vol. 3, Supplementing Throop's 
 Digest) 1886-1902 
 
 Cumming, Robert C. 
 
 1 (Vol. 4, Supplementing Throop's 
 Digest) 1901-1906 
 
 Reports Digested. 
 
 Gill 1-9 
 Md. 1-8 
 Md. Ch. Dec. 1-4 
 
 Md. 21^5 
 
 Harris & McHenry 1-4- 
 Harris & Gill 1, 2 
 Harris & Johnson 1-7 
 Gill & Johnson 1-12 
 Gill 1-9 
 
 Bland's Chancery 1-3 
 Md. Ch. Dec. l-A 
 Md. 1-61 
 
 Haf-ris & McHenry 1-4 
 Harris & Gill 1, 2 
 Harris & Johnson 1-7 
 Gill & Johnson 1-12 
 Gill 1-9 
 
 Bland's Chancery 1-3 
 Md. Ch. Dec. 1^ 
 Md. 1-76 
 
 Md. 77-88 
 
 Md. 89-105 
 
 Mass. 1-17 
 Pickering 1-24 
 Metcalf 1-13 
 Gushing 1-12 
 Gray 1-16 
 Allen 1-14 
 Mass. 97-141 
 
 Mass. 142-180 
 
 Mass. 178-190 
 
Ch.6) 
 
 State Digests. 
 
 499 
 
 MASSACHUSETTS— Continued. 
 
 West Publishing Co. and Little, Brown 
 
 &Co. 
 
 , Vols. 
 
 Standard classification. 
 
 Parallel references to the North- 
 eastern Reporter, American 
 Decisions, American Reports, 
 American State Reports, and 
 Lawyers' Reports Annotated 
 are added to citations of all 
 cases in this Digest. 
 
 Period Covered. 
 
 .1761-1905 
 
 R«ports Digested. 
 
 Mass. 1-189 
 
 Dane's Abridgment 
 
 Quincy 
 
 Also Massachusetts cases 
 reported on appeal in the 
 United States Reports 
 and the Supreme Court 
 Reporter. 
 
 MICHIGAN. 
 
 Jacobs, Albert P., and Chaney, Henry A. 
 
 2 Vols 1836-1888 
 
 Jacobs, Albert P. 
 
 1 (Vol. 3. Supplementing Jacobs & 
 Chaney's Digest) 1889-1893 
 
 1 (Vol. 4. Second Supplement to 
 Jacobs & Chaney's Digest) 1893-1898 
 
 West Publishing Co. 
 
 6 Vols 1842-1907 
 
 Standard classification. Key- 
 numbered. 
 
 Parallel references to the North- 
 western (Reporter, American 
 Decisions, American Reports, 
 American State Reports, Law- 
 yers' Reports Annotated, and 
 Detroit Legal News are added 
 to citations of all cases in this 
 Digest. 
 
 Bobbs-Merrill Co. (Cumulative Digest) 
 
 1 Vol 1907-1912 
 
 Standard classification. Key- 
 numbered. 
 
 Parallel references to the North- 
 western Reporter and Detroit 
 Legal News are added to cita- 
 tions of all cases in this Digest. 
 
 Callaghan & Co. (Cumulative Digest) 
 
 1 Vol 1907-1911 
 
 Parallel references to North- 
 western Reporter are added to 
 citations of all cases in this Di- 
 gest 
 
 Walker Ch. 
 Harrington Ch. 
 Douglass, 1, 2 
 Mich. 1-71 
 
 Mich. 71-97 
 Mich. 97-1 1'7 
 
 Howell, N. P. 1 
 
 Mich. N. P. 1, 2 
 
 Walker Ch. 1 
 
 Harrington Ch. 1 
 
 Douglass 1, 2 
 
 Mich. 1-148, part of 149 
 
 Also Michigan cases re- 
 ported on appeal in the 
 United States Reports 
 and Supreme Court Re- 
 porter. 
 
 Mich. 149-168 
 
 Mich. 149-162 
 
500 
 
 Appendix, 
 
 (Part VI 
 
 West Publishing Co. 
 2 Vols 
 
 MINNESOTA. 
 
 Period Covered. 
 
 1851-1892 
 
 Parallel references to the Xoi'th- 
 western Reporter are added to 
 citations of all cases in tl^is 
 Digest. 
 
 1 (Vol. 3) 1892-1898 
 
 Parallel references to the North- 
 western Reporter are added to 
 citations of all cases in this 
 Digest. 
 
 1 (Vol. 4) 1898-1904 
 
 Parallel references to the Xorth- 
 western Reporter are added to 
 citations of all cases in this 
 Digest. 
 
 Bunnell, Mark B. 
 3 Vols 
 
 Parallel references to the Xovtlv 
 western Reporter are added to 
 citations of all cases in this Di- 
 gest. 
 
 Reports Digested, 
 
 Minn. 1-47 
 
 Northwestern Reporter 
 (Minnesota cases) 1-51 
 
 Minn. 48-67 
 
 Northwestern Reporter 
 (Minnesota cases) 51-73 
 
 Minn. 68-88 
 
 Northwestern Reporter 
 (Minnesota cases) 74—97 
 
 1851-1910 Minn. 1-109 
 
 1 Vol. (Supp.) 1910-1912 Minn. 110-117 
 
 Parallel references to the North- 
 western Reporter are added to 
 citations of all cases in this 
 Digest. 
 
 MISSISSIPPI. 
 
 George, James Z. 
 
 1 Vol 1818-1870 Walker 1 
 
 Howard 1-7 
 
 Smedes & Marshall 1-14 
 Cushman 1-7 
 George 1-10 
 Miss. 40-44 
 Andrews, Garnett 
 
 1 Vol 1871-1879 Miss. 45-56 
 
 Heidelberg, Daniel W. 
 
 1 Vol 1871-1887 Miss. 45-64 
 
 Brame, L., and Alexander, C. H. 
 
 2 Vols 1871-1896 Miss. 45-73 
 
 Bobbs-Merrill Co. 
 
 4 Vols ToSept. 2, 1911 
 
 standard classification, Key- 
 numbered. 
 
 Parallel references to the South- 
 ern Reporter, American Deci- 
 sions, American Reports, Amer- 
 ican State Reports, and Law- 
 yei^' Reports Annotated are 
 added to citations of all cases 
 in this Digest. 
 
Ch. 6) 
 
 State Digests. 
 
 501 
 
 MISSOURI. 
 
 Pattison, Everett W. Period covered. 
 
 Parallel references to South- 
 westeru Reporter are added to 
 citations in all volumes of Pat- 
 tison's Digest. 
 
 4 Vols 1821-1897 
 
 1 (Vol. 5) 1896-1899 
 
 1 (Vol. 6) 1899-1902 
 
 1 (Vol. 7) 1902-1905 
 
 1 (Vol. 8) 1904-1907 
 
 1 (Vol. 9) 1906-1909 
 
 West Publishing Co. 
 
 11 Vols 1821-1904 
 
 standard classification. 
 
 Parallel references to the Sontli- 
 western Reporter, American 
 Decisions, American Reports, 
 American State Reports, and 
 Lawyers' Reports Annotated 
 are added to citations of all 
 cases in this Digest. 
 
 2 (Vols. 12, 13) 1904-1908 
 
 standard classification. Key- 
 numbered. 
 
 Parallel references to the South- 
 western Reporter, American 
 State Reports, and Lawyers' 
 Reports Annotated are added 
 to citations of all cases in this 
 Digest. 
 
 2 (Vols. 14, 15) 1908-1912 
 
 standard classification. Key- 
 numbered. 
 
 Parallel references to the South- 
 western Reporter, American 
 State Reports, and Lawyers' 
 Reports Annotated are added 
 to citations of all cases in this 
 Digest. 
 
 Reports Digested. 
 
 Mo. Sup. 1-137 
 Mo. App. 1-69 
 
 Mo. Sup. 138-153 
 Mo. App. 70-80 
 
 Mo. Sup. 154-168 
 Mo. App. 81-94 
 
 Mo. Sup. 169-185 
 Mo. App. 95-108 
 
 Mo. Sup. 186-200 
 Mo. App. 109-122 
 
 Mo. Sup. 201-218 
 Mo. App. 123-135 
 
 Mo. Sup. 1-183, part of 
 
 184 
 Mo. App. 1-107, part of 
 
 108 and 109 
 Southwestern Reporter 
 
 (Missouri cases) 1-82 
 
 Mo. Sup. 184-213, part of 
 
 214 
 Mo. App. 108-132, part of 
 
 133, 134 
 Southwestern Reporter 
 
 (Missouri cases) 82-112 
 
 Mo. Sup. 215-237, part of 
 
 114 
 Mo. App. 135-158, part of 
 
 133, 134, 159 
 Southwestern Reporter 
 
 (Missouri cases) 113-141 
 
 MONTANA. 
 
 Bishop, E. L. 
 
 Parallel references to the Pacific 
 Reporter are added to cita- 
 tions of all cases in this Di- 
 gest 
 
 1868-1898 Mont. 1-21 
 
502 
 
 Appendix. 
 
 (Part VI 
 
 MONTANA— Continued. 
 
 Church, W. S. 
 1 Vol. . . . 
 
 Period Covered. 
 
 . 1868-1895 
 1853-1895 
 1854-1895 
 
 1 (Vol. 2) 1895-1898 
 
 Mapes, Thomas A. 
 
 1 Vol 1868-1905 
 
 Parallel references to the Pacific 
 Reporter are added to citations 
 of all cases in this Digest. 
 
 Mont. 1-15 
 Or. 1-26 
 Wash. Ter. 1-3 
 Wash. 1-13 
 
 Mont. 16-21 
 Or. 27-32 
 Wash. 11-19 
 
 Mont. 1-32 
 
 NEBRASKA. 
 
 Nelson, William T. 
 1 Vol 
 
 . 1854-1891 
 
 Parallel references to the North- 
 western Reporter are added to 
 citations of all cases in this Di- 
 gest. 
 
 1 (Vol. 2) 1891-1897 
 
 Parallel references to the North- 
 western Reporter are added to 
 citations of all cases in this Di- 
 gest. 
 
 Page, E. C. 
 2 Vols. 
 
 Neb. 1-31, part of 32 and 
 
 33 
 Northwestern Reporter 
 
 (Nebraska cases) 1-49 
 
 Neb. 33-50 
 
 Northwestern Reporter 
 (Nebraska cases) 50-69 
 
 1854-1900 Neb. 1-60 
 
 Parallel references to the North- 
 western Reporter, American 
 Reports and American State 
 Reports are added to citations 
 of all cases in this Digest. 
 
 Broady, J. H., and Haggard, D. A. 
 
 3 Vols 1854-1908 
 
 Parallel references to North- 
 western Reporter added to cita- 
 tions of all cases in this Digest 
 
 Neb. 1-80 
 
 Neb. (Unof.) 1-5 
 
 NEVADA. 
 
 Hawley, Thomas P. (Nevada & Sawyer 
 Digest) 
 
 1 Vol 1865- 
 
 Lawson, John D. 
 1 Vol 
 
 1877 Nev. 1-12 
 
 Also Nevada cases report- 
 ed on appeal in Sawyer's 
 United States Circuit 
 Court Reports and in the 
 "Federal Cases" Series. 
 
 , 1865-1890 Nev. 1-20 
 
Ch. 6) 
 
 State Digests. 
 
 503 
 
 NEVADA— Continued. 
 
 Patrick, Edward T. Period covered. 
 
 1 Vol 1865-1910 
 
 Parallel references to the Pacific 
 Reporter, American Decisions, 
 American Reports, American 
 State Reports, and Lawyers' 
 Reports Annotated are added 
 to citations of all cases in this 
 Digest. 
 
 Bei>orts Digested, 
 
 Nev. 1-32 
 
 Also Nevada cases report- 
 ed on appeal in Sawyer's 
 United States Circuit 
 Court Reports and in the 
 Federal Reporter, vols. 
 1-189 
 
 NEW HAMPSHIRE. 
 
 Morrison, Charles R. 
 
 1 Vol 1816-1865 N. H. 1-45 
 
 Morrison, Charles R. 
 
 1 Vol 1803-1888 Smith 1 
 
 N. H. 1-64 
 
 Stewart, John H. 
 2 Vols 
 
 NEW JERSEY. 
 
 , 1790-1876 
 
 1 (Vol. 3) 1876-1887 
 
 Beasley 1, 2 
 
 C. E. Green 1-12 
 
 Coxe 1 
 
 Dutcher 1-5 
 
 J. S. Green 1-3 
 
 H. W. Green 1-3 
 
 Halsted 1^7 
 
 Halsted Eq. 1^ 
 
 Harrison 1^ 
 
 McCarter 1, 2 
 
 Penning'ton, 1, 2 
 
 Saxton 1 
 
 Southard 1, 2 
 
 Spencer 1 
 
 Stockton 1-3 
 
 Vroom 1-9 
 
 Zabriskie 1-4 
 
 Also New Jersey cases re- 
 ported on appeal in the 
 "Federal Cases" Series 
 and the Federal Re- 
 porter. 
 
 Vroom 10-19 
 
 Stewart 1-14 
 
 N. J. Law J. 1-9 
 
 Also New Jersey cases re- 
 ported on appeal in the 
 "Federal Cases" Series 
 and the Federal Re- 
 porter, 
 
504 
 
 Appendix. 
 
 (Part VI 
 
 NEW JERSEY— Continued 
 
 Wall, Albert C. Period Covered. 
 
 1 Vol. (Supplementing Stewart's Di- 
 gest) 1887-1898 
 
 !R«ports Digested, 
 
 Mackay, John S., and Newman, Clif- 
 ford Li. 
 1 Vol 1898-1907 
 
 New Jersey Digest Annotated (General 
 Editor, Parker, Charles W.) 
 7 Vols 1790-1907 
 
 Standard classification. 
 
 Parallel references to the Atlan- 
 tic Reporter, American Deci- 
 sions, American Reports, Amer- 
 ican State Reports, and Law- 
 yers' Reports Annotated are 
 added to citations of all cases 
 in this Digest. 
 
 NEW MEXICO. 
 Money, Geo. P. 
 
 1 Vol 1852-1899 N. M. 1-9 
 
 Parallel references to the Pacific 
 Reporter are added to citations 
 of cases in Table of Cases Di- 
 gested. 
 
 Derden, James 
 
 1 Vol 1852-1908 
 
 Parallel references to the Pacific 
 Reporter are added to the ci- 
 tations of all cases in this Di- 
 gest. 
 
 Vroom 20-30 
 
 Stewart 15-18 
 
 Dickinson 1-9 
 
 N. J. Law J. 10-20 
 
 Also New Jersey cases re- 
 ported on appeal in the 
 "Federal Cases" Series 
 and the Federal Re- 
 porter. 
 
 Vroom 31^3 
 Dickinson 10-21 
 Robbins 1-3 
 N. J. Law J. 21-29 
 
 N. J. Law 1-73 
 N. J. Eq. 1-70 
 N. J. Law J. 1-29 
 Atlantic Reporter (New 
 Jersey cases) 1-66 
 
 N. M. 1-14 
 
 Pacific Reporter (New 
 Mexico cases) 1-106 
 
 NEW YORK. 
 
 Brightly, Frank F. 
 7 Vols 
 
 179^1906 All courts 
 
 Campbell, Colin P. (Index-Digest) 
 
 2 Vols ...1847-1912 
 
 Parallel references to the North- 
 eastern Reporter are added to 
 citations in Table of Cases Di- 
 gested. 
 
 N. Y. 1-205 
 
 Keyes 1-4 
 
 Abbott's Appeal Decisions 
 
 1-4 
 Transcript Appeals 1-7 
 Silvernail 1^ 
 
 Howard's Appeal Cases 1 
 Selden's Notes 1 
 
Ch. 6) 
 
 State Digests. 
 
 505 
 
 NEW YORK— Continued. 
 
 Danforth, H. G., and Wickes, Robert B. 
 
 (Court of Appeals) Period Covered. 
 
 4 Vols 1847-1903 
 
 Digest of New York Chancery Reports 
 
 1 Vol 1814-1847 
 
 Abbott's Cyclopedic Digest 
 
 14 Vols 1794-1900 
 
 Parallel references to the New 
 York Supplement are added to 
 citations of all cases in this Di- 
 gest. 
 
 2 (Vols. 15, 16) 1900-1905 All courts 
 
 Parallel references to the New 
 York Supplement are added to 
 citations of all cases in this Di- 
 gest. 
 
 2 (Vols. 17, 18) 1905-1910 All courts 
 
 Parallel references to the North- 
 eastern Reporter and New 
 York Supplement are added to 
 citations of all cases in this 
 Digest. 
 
 Reports Digested. 
 
 N. Y. 1-175 
 
 Johnson 1-7 
 Hopkins 1 
 Paige 1-11 
 Barbour 1-3 
 Chancery Sentinel 1-6 
 Edwards 1-4 
 Hoffman 1 
 Clarke 1 
 Sandford 1-4 
 
 All courts 
 
 Danforth, Henry G. (Supreme Court Re- 
 ports) 
 
 1869-1902 Lansing 1-7 
 
 Thompson & Cook 1-6 
 
 Hun 1-92 
 
 App. Div. 1-64 
 
 New York State Reporter 
 
 1-105 
 New York Supp. 1-71 
 Silvernail's Sup. Ct. 1-5 
 Silvernail's Ct. App. 1-4 
 
 NORTH CAROLINA. 
 
 Battle, William H. 
 
 2 Vols. (Law cases) 1797-1866 
 
 Martin 1, 2 
 Haywood 1, 2 
 Conference Rep. 1 
 Carolina Law Repository 
 
 1,2 
 Taylor 1 
 (Continued on following page). 
 
505 
 
 Appendix. 
 
 (Part VI 
 
 Battle, William H.- 
 
 NORTH CAROLINA— Continued 
 -Cont'd. 
 
 Period Covered. 
 
 1 (Vol. 3, Equity cases.). ...._.. 1797-1866 
 
 1 (Vol. 4) 1868-1874 
 
 Bailey, W. H. 
 
 1 (Vol. 5, Supplementing Battle's 
 
 Digest) 1874-1878 
 
 Womack, Thomas B. 
 
 2 Vols 1866-1891 
 
 Parallel references to the South- 
 eastern Reporter are ad<Jed to 
 citations of all cases in this Di- 
 gest. 
 
 1 (Vol. 3. Index-Digest) 1891-1897 
 
 1 (Vol. 4. Index-Digest) 1898-1905 
 
 NORTH DAKOTA. 
 
 Tilton, H. G. (Index-Digest) 
 
 1 Vol 1867-1900 
 
 Parallel references to the North- 
 western Reporter are added to 
 citations of all cases in this Di- 
 gest. 
 
 K«ports Digested. 
 
 N. C. Term Rep. 1 
 Murphey 1-3 
 Hawks 1-4 
 Devereux 1-4 
 Devereux & Battle 1-4 
 Iredell 1-13 
 Busbee 1 
 Jones 1-8 
 Winston 1, 2 
 
 Martin 1, 2 
 Haywood 1, 2 
 Taylor 1 
 
 Conference Rep. 1 
 Carolina Law Repository 
 
 1,2 
 N. C. Term Rep. 1 
 Murphey 1-3 
 Hawks 1-4 
 Devereux 1, 2 
 Devereux & Battle 1, 2 
 Iredell 1-8 
 Busbee 1 
 Jones 1-6 
 Winston 1 
 
 Phillips' Law 1 
 Phillips' Eq. 1 
 N. C. 63-70 
 
 N. C. 71-79 
 
 Phillips' Law 1 
 Phillips' Eq. 1 
 N. C. 63-108 
 
 N. C. 109-121 
 N. C. 122-138 
 
 Dak. 1-6 
 
 N. D. 1-9 
 
 S. D. 1-13 
 
 Northwestern Reporter 
 (Dakota Territory and 
 North and South Dakota 
 cases) 1-83 
 
Ch. 6) 
 
 State Digests. 
 
 507 
 
 NORTH DAKOTA— Continued. 
 
 Hill, J OSeph H. Period Covered. 
 
 1 Vol 1867-1903 
 
 Parallel references to tlie North- 
 western Reporter and Lawyers' 
 Reports Annotated are added 
 to citations of all cases in this 
 Digest. 
 
 Reports Digested. 
 
 Dak. 1-6 
 
 N. D. 1-11 
 
 S. D. 1-15 
 
 Northwestern Reporter 
 (Dakota Territory and 
 North and South Dakota 
 cases) 1-93 
 
 Also all Dakota Territory 
 and North and South 
 Dakota cases appealed to 
 the United States Su- 
 preme and Federal 
 courts during the period 
 covered by the Digest. 
 
 1 (Vol. 2) 1903-1911 N. D. 12-18 
 
 Parallel references to the North- 
 western Reporter, American 
 State Reports, Lawyers' Re- 
 ports Annotated and Ameri- 
 can & English Annotated Cases 
 are added to citations of aU 
 cases in this Digest 
 
 S. D. 16-23 
 
 N. W. 94-130 
 
 Also North and South Da- 
 kota cases reported on 
 appeal in Federal Re- 
 porter, to vol. 184 
 
 OHIO. 
 
 McVey, A. H. 
 2 Vols. ... 
 
 , 1816-1874 
 
 Tappan 
 
 Wright 
 
 Handy 1, 2 
 
 Disney 1, 2 
 
 Cincinnati Superior Court 
 Reports 1, 2 
 
 Ohio 1-20 
 
 Ohio St. 1-24 
 
 Also Ohio cases reported 
 in the Western Law 
 Journal, Weekly Law 
 Gazette, American Law 
 Record, and Cleveland 
 Law Record. 
 
 Bates, Clement 
 
 1 (Vol. 3, Supplementing McVey's 
 Digest) 1875-1882 
 
 Ohio St. 25-3/ 
 
 Also Ohio cases reported 
 in the American Law 
 Record, Cleveland Law 
 
 , Reporter, and Weekly 
 Law Bulletin. 
 
508 
 
 Appendix. 
 
 (Part VI 
 
 Bates, Clement — Cont'd. 
 1 (Vol. 4) 
 
 OHIO— Continued. 
 
 Ferioc! Covered. 
 
 1882-1890 
 
 Bates, Clement (Complete Ohio Digest) 
 
 2 Vols 1816-1895 
 
 1 (Vol. 3) 1895-1900 
 
 Everett, Charles E. 
 
 1 (Vol. 4, Supplementing Bates' Di- 
 gest) 1900-1904 
 
 Reports Digested. 
 
 Ohio St. 38-46, part of 47 
 Ohio Circuit Court Reports 
 
 1-4 
 Goebel's Probate Reports 
 Also Ohio cases reported 
 
 in Weekly Law Bulletin. 
 
 Tappan 
 Wright 
 Handy 1, 
 Disnev 1, 
 
 Cincinnati Superior Court 
 Reports 1, 2 
 
 Ohio 1-20 
 
 Ohio St. 1-52 
 
 Ohio Circuit Court Reports 
 1-9 
 
 Also Ohio cases reported in 
 the Western Law Jour- 
 nal, Western Law 
 Monthly, American Law 
 Record, Weekly Law 
 Bulletin, and Weekly 
 Law Gazette. 
 
 Ohio St. 53-62, part of 63 
 Ohio Circuit Court Reports 
 
 10-20 
 Ohio Circuit Decisions 1- 
 
 10 
 Nisi Prius 1-7, part of 8 
 Ohio Superior and Com- 
 mon Pleas Decisions 1- 
 9, part of 10 
 Dayton's Term Reports 
 Also Ohio cases reported in 
 the Weekly Law Ga- 
 zette, Warden's Law and 
 Bank Bulletin, Cleveland 
 Law Register, and 
 Cleveland Law Reporter. 
 
 Ohio St. 64-70, part of 63 
 Ohio Circuit Court Re- 
 ports 21, 22 
 Ohio Circuit Court Re- 
 ports (N. S.) 1^, part 
 of 5 
 (Continued on following page). 
 
Ch. 6) 
 
 State Digests. 
 
 509 
 
 OHIO— Continued. 
 Everett, Charles E.— Cont'd. Period coverea. 
 
 Laning Publishing Co. (Cyclopedic Di- 
 gest) 
 
 8 Vols 1802-1905 
 
 Parallel references to the North- 
 eastern Reporter, American 
 Decisions, American Reports, 
 American State Reports and 
 Lawyers' Reports Annotated 
 are added to citations of all 
 cases in this Digest and Sup- 
 plement listed below. 
 
 1 Vol. (Supplement) 1905-1907 
 
 See above. 
 
 Michie Co. (Encyclopedic Digest) 
 
 14 Vols 1802-1904 
 
 Parallel references to the North- 
 eastern Reporter are added to 
 citations of all cases in this Di- 
 gest and Supplement. 
 
 1 Vol. (Supplement) 1905-1908 
 
 See above. 
 
 1 Vol. (Supplement) 1909-1911 
 
 Reports Digested. 
 
 Ohio Circuit Decisions 11- 
 15, part of 16 
 
 Nisi Prius, part of 8 
 
 Nisi Prius (N. S.) 1, part 
 of 2 
 
 Ohio Superior and Com- 
 mon Pleas Decisions 11- 
 14, part of 10 
 
 All courts. 
 
 All courts. 
 All courts. 
 
 All courts. 
 All courts. 
 
 OKLAHOMA. 
 
 West Publishing Co. 
 2 Vols 
 
 standard classification. Key- 
 numbered. 
 
 Parallel references to the Pacific 
 and Southwestern Reporters, 
 American Decisions, American 
 Reports, American State Re- 
 ports, and Lawyers' Reports 
 Annotated are added to cita- 
 tions of all cases in this Digest. 
 
 , 1890-1907 
 
 Okl. 1-19 
 
 Ind. Ter. 1-7 
 
 Pacific Reporter (Okla- 
 homa cases) 1-92 
 
 Southwestern Reporter 
 (Indian Territory cases) 
 1-104 
 
 Also all Oklahoma and In- 
 dian Territory cases 
 which have been appeal- 
 ed to the United States 
 Supreme Court and 
 United States Circuit 
 Court of Appeals and re- 
 ported down to and in- 
 cluding vol. 206 U. S. 
 Reports, 27 Supreme 
 Court Reporter, 155 
 Federal, and 84 C. C. A. 
 
510 
 
 Appendix. 
 
 (Part VI 
 
 OKLAHOMA— Continued. 
 
 Bobbs-Merrill Co. (Cumulative Digest) p^^od covered. 
 1 Vol 1907-1910 
 
 standard classification, Key- 
 numbered. 
 
 Parallel references to the Pacific 
 Keporter are added to citations 
 of all cases in this Digest. 
 
 Gray, Henry M. 
 
 1 Vol 1890-1911 
 
 Parallel references to the Pacific 
 Reporter are added to citations 
 of all cases in this Digest. 
 
 Crawford, T. D. 
 
 3 Vols 1890-1912 
 
 Parallel references to the Pacific 
 Reporter are added to citations 
 of all cases in this Digest. 
 
 Reports Digested, 
 
 Okl. 19-24 
 Okl. Cr. 1, 2 
 
 Pacific Reporter (Okla- 
 homa cases) 93-109 
 
 To 115 Pacific Reporter, 
 inclusive. 
 
 Okl. 1-32 
 Okl. Cr. 1-7 
 Ind. Ter. 1-7 
 
 OREGON. 
 
 Carey, Charles H. (Index-Digest) 
 
 1 Vol 1853-1887 
 
 1854-1885 
 
 Church, W. S. 
 1 Vol 
 
 Or. 1-14 
 Wash. Ter. 1, 2 
 
 1853-1895 Or. 1-26 
 
 1868-1895 Mont. 1-15 
 
 ^ rWash. Ter. 1-3 
 
 1854-1895 i 
 
 Wash. 1-13 
 
 1 (Vol. 2) 1895-1898 Or. 27-32 
 
 Parallel references to the Pacific Mont. 16-21 
 
 Reporter are added to citations Wash. 11—19 
 
 of all cases in Table of Cases 
 Digested for this Digest. 
 
 Parker, W. H. (Index-Digest) 
 
 1 Vol 1853-1899 Or. 1-35 
 
 Parallel references to the Pacific 
 Reporter are added to citations 
 of all cases in Table of Cases 
 Digested. 
 
 Montague, Richard Ward 
 1 Vol 
 
 Parallel references to the Pacific 
 Reporter are added to citations 
 of all cases in this Digest. 
 
 , 1853-1903 Or. 1-43 
 
 Benson, Arthur S., and King, Effie Mae 
 
 1 Vol 1903-1909 Or. 44-54 
 
 Parallel references to the Pacific 
 Reporter are added to citations 
 of all cases in this Digest. 
 
Ch.6) 
 
 State Digests. 
 
 511 
 
 PENNSYLVANIA. 
 Brightly, Frederick C. Period covered. 
 2 Vols 1754-1877 
 
 Brightly, Frank F. 
 
 2 (Vol. 3, Supplementing Frederick 
 
 Brightly's Digest) 1877-1889 
 
 2 (Vol. 4) 1889-1895 
 
 Vale, Ruby R. 
 
 1 (Vol. 5, Supplementing Brightly's 
 Digest) 1895- 
 
 1903 
 
 Pepper, George Wharton, and Lewis, 
 William Draper 
 23 Vols 1754-1898 
 
 Bei)ortB Digested. 
 
 Pa. 1-83 
 
 Addison 1 
 
 Binney 1-6 
 
 Brightly's Nisi Prius 
 
 Dallas 1-4 
 
 Grant's Cases 1-3 
 
 Penrose & Watts 1-3 
 
 Rawle 1-5 
 
 Sergeant & Rawle 1-17 
 
 Watts 1-10 
 
 Watts & Sergeant 1-9 
 
 Wharton 1-6 
 
 Yeates 1^ 
 
 Miscellaneous Lower Court 
 Reports, sometimes call- 
 ed "Pennsylvania Side 
 Reports." 
 
 Pa. 84-124 
 
 Walker 1 
 
 Miscellaneous Lower Court 
 Reports, sometimes call- 
 ed "Pennsylvania Side 
 Reports." 
 
 Pa. 124 to 170, p. 240 
 Atlantic Reporter (Penn- 
 sylvania cases) 1-17 
 Miscellaneous Lower Court 
 Reports, sometimes call- 
 ed "Pennsylvania Side 
 Reports." 
 
 Pa. 170, p. 240, to 205, p. 
 439. 
 
 Miscellaneous Lower Court 
 Reports, sometimes call- 
 ed "Pennsylvania Side 
 Reports." 
 
 Pa. 1-183 
 Addison 1 
 Binney 1-6 
 
 Brightly's Nisi Prius 1 
 Dallas 1-4 
 Grant's Cases 1-3 
 Penrose & Watts 1-3 
 (Continued on following page). 
 
512 
 
 Appendix. 
 
 (Part VI 
 
 PENNSYLVANIA— Gontinued. 
 
 Pepper, George Wharton, and Lewis, 
 
 William Draper Cont'd. p^^i^^ Corerea. Reports Digested. 
 
 Rawle 1-5 
 
 Sergeant & Rawle 1-17 
 Walker 1-3 
 Watts 1-10 
 
 Watts & Sergeant 1-9 
 Wharton 1-6 
 ■ Yeates 1^ 
 
 Miscellaneous Lower Court 
 Reports, sometimes call- 
 ed "Pennsylvania Side 
 Reports." 
 
 2 (Vols. 1, 2, Cross-Reference An- 
 nuals) 1898-1906 Pa. 184 to 213, p. 123 
 
 Miscellaneous Lower Court 
 Reports, sometimes call- 
 ed "Pennsylvania Side 
 Reports." 
 
 2 (Vols. 3, 4, Cross-Reference An- 
 nuals) 1906-1908 Pa. 213, p. 123, to 222, p. 
 
 340 
 Miscellaneous Lower Court 
 Reports, sometimes call- 
 ed "Pennsylvania Side 
 Reports." 
 
 RHODE ISLAND. 
 
 Stiness, Edward C. 
 
 1 Vol 1828-1898 R. I. 1-20 
 
 Anonymous 
 
 1 Vol 1898-1905 R. I. 21-26 
 
 SOUTH CAROLINA. 
 
 Chisolm, J. Bachman, and Hyde, Simeon Law. 
 
 2 Vols 1783-1881 Bay 1, 2 
 
 Brevard 1-3 
 
 Treadway 1, 2 
 Mill, Constitutional, 1, 2 
 Nott & McCord 1, 2 
 McCord 1-4 
 Harper 1 
 Bailey 1, 2 
 Hill 1-3 
 (Continued on following page). 
 
Ch. 6) 
 
 State Digests. 
 
 513 
 
 SOUTH CAROLINA— Continued. 
 
 Chisolm, J. Bachman, and Hyde, Simeon 
 
 ^Cont'd. Period Covered. 
 
 Thomas, John P. 
 
 1 Vol 1877-1885 
 
 Moorman, Thomas S. 
 
 1 Vol , 1885-1894 
 
 Efird, C. M. 
 
 1 Vol 1894-1901 
 
 Ramage, C. J. 
 
 1 Vol 1901-1908 
 
 SOUTH DAKOTA. 
 
 Tilton, H. G. (Index-Digest) 
 
 1 Vol 1867-1900 
 
 Parallel references to the North- 
 western Reporter are added to 
 citations of all cases in this Di- 
 gest. 
 
 Brief Mak.(3d Ed.)— 33 
 
 Reports Digrested. 
 
 Riley 1 
 Dudley 1 
 Rice 1 
 Cheves 1 
 McMullan 1, 2 
 Speers 1, 2 
 Strobhart 1-5 
 Richardson 1-15 
 S. C. 1-14 
 
 Equity. 
 Richardson 1-14 
 Desaussure 1-4 
 Harper 1 
 McCord 1, 2 
 Bailey 1 
 
 Richardson's Equity Cas- 
 es 1 
 Hill 1, 2 
 Riley 1 
 Dudley 1 
 Rice 1 
 Cheves 1 
 McMullan 1 
 Speers 1 
 Strobhart 1-4 
 
 S. C. 11-24 
 
 S. C. 25-42 
 
 S. C. 43-60 
 
 S. C. 61-80 
 
 Dak. 1-6 
 
 N. D. 1-9 
 
 S. D. 1-13 
 
 Northwestern Reporter 
 (Dakota Territory, and 
 North and South Dakota 
 cases) 1-83 
 
514 
 
 Appendix. 
 
 (Part VI 
 
 SOUTH DAKOTA— Continued. 
 
 Hill, Joseph H. Peri„d covered. 
 
 1 Vol. 1867-1903 
 
 Parallel references to the North- 
 western Reporter and Lawyers' 
 Reports Annotated are added 
 to citations of all cases in this 
 Digest. 
 
 Reports Digested. 
 
 Dak. 1-6 
 
 N.D. 1-11 
 
 S. D. 1-15 
 
 Northwestern Reporter 
 (Dakota Territory, 
 North and South Dakota 
 Cases) 1-93 
 
 Also all Dakota Territory 
 and North and South 
 Dakota cases appealed to 
 the United States Su- 
 preme and Federal 
 courts during the period 
 covered by the Digest. 
 
 1 (Vol. 2) 1903-1911 N. D. 12-18 
 
 Parallel references to the North- 
 western Reporter, American 
 State Reports, Lawyers' Re- 
 ports Annotated, and American 
 & English Annotated Cases are 
 added to citations of all cases 
 In this Digest. 
 
 TENNESSEE. 
 Taylor, Dytton (Index-Digest) 
 
 1 Vol. 1791-1886 
 
 Webb & Meig (by Webb, James Avery) 
 
 3 Vols 1791-1899 
 
 Wheless 
 
 1 (Vol. 4 of Meig's) 1898-1909 
 
 Parallel references to the South- 
 western Reporter are added to 
 citations of all cases in this Di- 
 gest. 
 
 S. D. 16-23 
 
 N. W. 94-130 
 
 Also North and South Da- 
 kota cases reported on 
 appeal in Federal Re- 
 porter, to vol. 184 
 
 Tenn. 1-84 
 Cooper's Ch. 1-3 
 
 Tenn. l-lOO 
 Cooper's Ch. 1-3 
 Thompson's Tenn. Cases 
 Shannon's Tenn. Cases 1-3 
 
 Tenn. 101-122 
 
 TEXAS. 
 
 Myer, William G. 
 
 2 Vols 1840-1880 Dallam 
 
 Tex. Sup. 1-51 and Supp. 
 
 to vol. 25 
 Tex. App. 1-7 
 Posey, S. A. (Civil Digest) 
 
 1 Vol 1879-1886 Tex. Sup. 52-65 
 
 White & Willson's Civ. 
 
 Cas. 1 
 Willson's Civ. Cas. 3 (vols. 
 
 2-A) 
 Posey's Unrep. Cas. 1, 2 
 
Ch. 6) 
 
 State Digests. 
 
 515 
 
 TEXAS— Continued. 
 Sayles, John (Civil Digest) j.,,u,a covered. 
 3 Vols 1879-1895 
 
 Supplement. Found in back of vol. 
 
 3, Sayles' Civil Digest 1895-1899 
 
 Parallel references to the South- 
 western Reporter are added to 
 citations of all cases in this Di- 
 gest. 
 
 Buckler, C. N. (Civil Digest, revised by 
 
 Batts, R. L.) 
 
 2 Vols 1840-1898 
 
 Parallel references to the South- 
 western Reporter are added to 
 citations of all cases in this Di- 
 gest. 
 
 Michie Co., Encyclopedic Digest (Civil 
 
 Cases) 
 
 17 Vols 1840-1910 
 
 Parallel references to the South- 
 western Reporter are added to 
 citations of all cases in this 
 Digest. 
 
 Posey, S. A. (Criminal Digest) 
 1 Vol 
 
 1846-1886 
 
 Buckler, C. N. (Criminal Digest) 
 1 Vol 
 
 Parallel references to the South- 
 western Reporter are added to 
 citations of all cases in this Di- 
 gest 
 
 1846-1900 
 
 Reports Digested. 
 
 Tex. Sup. 52-87, p. 200 
 
 White & Willson's Civ. 
 Cas. 1 
 
 Willson's Civ. Cas. 3 (vols. 
 2-4) 
 
 Posey's Unrep. Cas. 1, 2 
 
 Tex. Civ. App. 1-6 
 
 Also all Texas cases re- 
 ported in the Southwest- 
 ern Reporter, vols. 1-27, 
 but not in the official re- 
 ports. 
 
 Tex. Sup. 87-92 
 
 Dallam 
 
 Tex. Sup. 1-91 and Supp. 
 
 to vol. 25 
 White & Willson's Civ. 
 
 Cas. 1 
 Willson's Civ. Cas. 3 (vols. 
 
 2-4) 
 Tex. Civ. App. 1-15 
 Posey's Unrep. Cas. 1, 2 
 
 Tex. Sup. 1-102 
 
 White & Willson's Civ. 
 
 Cas. 1 
 Willson's Civ. Cas. 3 (vols. 
 
 2-4) 
 Posey's Unrep. Cas. 1, 2 
 Tex. Civ. App. 1^9 
 
 Tex. App. 1-20 
 Tex. Sup. 1^5 (Criminal 
 cases only) 
 
 Tex. Sup. 1-45 (Criminal 
 cases only) 
 
 Tex. Cr. R. 1-39 
 
 Also all Texas Criminal 
 cases reported in the 
 Southwestern Reporter, 
 vols. 1-57 but not in the 
 Texas Criminal Reports. 
 
516 
 
 Appendix. 
 
 (Part VI 
 
 TEXAS— Continued. 
 
 PeticO'las, A. B., and Vandenberg, J. V. 
 
 (Criminal Digest) P„i„d covered. 
 
 1 Vol 1876-1893 
 
 1 Vol. (Supp.) : 1894-1901 
 
 Michie Co., Encyclopedic Digest (Crim- 
 inal Cases) 
 
 3 Vols., continuing 1840-1912 
 
 Parallel references to the South- 
 western Reporter are added to 
 citations of all cases in this Di- 
 gest. 
 
 Green, Edmund Samson 
 
 5 Vols 1840-1903 
 
 Parallel references to the South- 
 western Reporter, American 
 Decisions, American Reports, 
 American State Reports and 
 Rose's Notes are added to ci- 
 tations of all cases in this Di- 
 gest 
 
 Reese, R. A. 
 3 Vols. 
 
 Parallel references to the South- 
 western Reporter are added to 
 citations of all cases in this Di- 
 gest. 
 
 Tes 
 
 Keports Digested. 
 
 Cr. R. 1-32 
 
 Tex. Cr. R. 33-40 
 
 All Texas criminal case 
 law up to 60 Tex. Cr. R. 
 and 140 Southwestern 
 Reporter, inclusive 
 
 Dallam 
 
 Tex. Sup. 1-95 and Supp. 
 to vol. 25 
 
 White & Willson's Civ. 
 Cas. 1. 
 
 Willson's Civ. Cas. 3 (vols. 
 2-4) 
 
 Posey's Unrep Cas. 1, 2 
 
 Tex. Cr. R. 1-40 
 
 Tex. Civ. App. 1-28 
 
 Also Texas cases (many 
 not reported in the offi- 
 cial reports) in the 
 Southwestern Reporter, 
 vols. 1-75 
 
 Tex. Sup. 92-101 
 Tex. Civ. App. 16-47 
 Tex. Cr. R. 41-55 
 
 UTAH. 
 
 Kinney, Clesson S. (Index-Digest) 
 
 1 Vol 1873-1903 
 
 Rumsey, Judson S. 
 
 1 Vol 1873-1910 
 
 I'arallel references to the Pacific 
 Reporter are added to citations 
 of cases in this Digest. 
 
 Utah 1-25 
 
 Pacific Reporter (Utah cas- 
 es) 1-70 
 
 Also all Utah cases appeal- 
 ed to the United States 
 Supreme Court during 
 the period covered by 
 the Digest. 
 
 Utah 1-36 
 
Ch. 6) 
 
 State Digests. 
 
 517 
 
 Roberts, Daniel 
 1 Vol 
 
 VERMONT. 
 
 I'eriod Covered. 
 
 1789-1905 
 
 West Publishing Co. 
 3 Vols 
 
 standard classification, Key- 
 numbered. 
 
 Parallel references to the Atlan- 
 tic Reporter. American Deci- 
 sions, American Reports, Amer- 
 ican State Reports and Law- 
 yeis' Reports Annotated are 
 added to citations of all cases 
 in this Digest. 
 
 1789-1910 
 
 Reports Digested. 
 
 N. Chipman 
 
 Tyler, 1, 2 
 
 Bray ton 
 
 D. Chipman 1, 2 
 
 Aikens 1, 2 
 
 Vt. 1-77 
 
 Also such Vermont cases 
 appealed to the United 
 States courts as are re- 
 ported in the Vermont 
 Reports. 
 
 N. Chipman 
 
 Tyler 1, 2 
 
 Brayton 
 
 D. Chipman 1, 2 
 
 Aikens 1, 2 
 
 Vt. 1-83 
 
 Also such Vermont cases 
 appealed to the United 
 States courts as are re- 
 ported in the Vermont 
 Reports. 
 
 VIRGINIA. 
 
 Hurst, Sam, and Brown, Randall 
 
 8 Vols 1730-1896 
 
 1 Vol. (Supp.) 1896-1902 
 
 Parallel references to the South- 
 eastern Reporter are added to 
 citations of all cases in this Di- 
 gest. 
 
 Barradall, unpublished 
 
 MS. 1 
 Jefferson 1 
 Washington 1 
 Wythe 1 
 Va. Cases (Brock & 
 
 Holmes) 1, 2 
 Call 1-6 
 
 Hening & Munford 1^ 
 Munford 1-6 
 Gilmer 1 
 Randolph 1-6 
 Leigh 1-12 
 Robinson 1, 2 
 Patton & Pleath 1, 2 
 Grattan 1-33 
 Va. 75-92 
 
 Va. 93-99 
 
518 
 
 Appendix. 
 
 (Part VI 
 
 VIRGINIA— Continued. 
 
 West Publishing Co. 
 
 Period Covered. 
 
 Reports Digested. 
 
 5 Vols 1730-1905 Va. 1-103, part of 104 
 
 standard classification. 
 
 Parallel references to the South- 
 eastern Reporter, American 
 Decisions, American Reports, 
 American State Reports and 
 Lawyers' Reports Annotated 
 are added to citations of all 
 cases in this Digest. 
 
 1 (Vol. 6) 1905-1911 
 
 Standard classification, Key- 
 numbered. 
 
 Parallel references to the South- 
 eastern Reporter, American 
 State Reports, and Lawyers' 
 Reports Annotated are added to 
 citations of all cases in this Di- 
 gest. 
 
 W. Va. 1-57, part of 58 
 Southeastern Reporter 
 (Virginia and West Vir- 
 ginia cases) 1-51 
 
 Va. 105-110, part of 104 
 W. Va. 59-66, part of 58 
 Southeastern Reporter 
 (Virginia and West Vir- 
 ginia cases) 52-69 
 
 Michie Co. (Encyclopedic Digest) 
 
 13 Vols 1730-1905 
 
 Parallel references to the South- 
 eastern Reporter are added to 
 citations of cases in this Di- 
 gest. 
 
 1 (Vol. 14) 1904-1908 
 
 Parallel references to the South- 
 eastern Reporter are added to 
 citations of cases in this Di- 
 gest 
 
 Va. 1-103 
 W. Va. 1-55 
 
 Va. 104-108 
 
 W. Va. 56-63 
 
 Table volume. Unnumber- 
 ed. Contains Table of 
 Cases Cited and Table of 
 Constitutions and Stat- 
 utes cited in vols. 1-14 
 
 1 (Vol. 15) 1908-1911 
 
 Parallel references to the South- 
 eastern Reporter are added to 
 citations of cases in this Di- 
 gest, 
 
 Va. 109-112 
 W. Va. 64-69 
 
 WASHINGTON. 
 
 Dennis, Leander C, Menkus, Morris, 
 and Dennis, Arthur U. 
 
 2 Vols 1890-1898 
 
 Parallel references to the Pacific 
 Reporter are added to citations 
 of all cases in this Digest. 
 
 Wash. St. 1-19 
 
 Miller, A. L. 
 
 1 Vol 1854-1901 Wash. T. 1-3 
 
 Parallel references to the Pacific Wash. St. 1-24 
 
 Reporter arc added to citations 
 of all cases in this Digest. 
 
Ch.6) 
 
 State Digests. 
 
 519 
 
 WiASHINGTON— Continued. 
 
 Church, W. S. 
 1 Vol. . . , 
 
 Period Covered. 
 
 1854-1895 
 
 1868-1895 
 1853-1895 
 
 1 (Vol. 2) 1895-1898 
 
 1895-1898 
 1895-1898 
 Remington, Arthur 
 
 3 Vols 1854-1906 
 
 Standard classification. 
 
 Parallel references to the Pacific 
 
 Reporter are added to citations 
 
 of all cases in this Digest. 
 
 Reports Dlgrested, 
 
 Wash. T. 1-3 
 Wash. 1-13 
 Mont. 1-15 
 Or. 1-26 
 
 Wash. 14-19 
 Mont. 16-21 
 Or. 27-32 
 
 Wash. T. 1-3 
 Wash. St. 1-43 
 
 1 (Vol. 4) 1906-1911 Wash. 44-62 
 
 Parallel references to the Pacific 
 Reporter are added to citations 
 of all cases in this Digest. 
 
 WEST VIRGINIA. 
 Bent, James A. 
 
 1 Vol 1863-1887 
 
 1 Vol. (Supp.) 1888-1892 
 
 Parks. Thomas N. 
 
 3 Vols 1863-1901 
 
 Parallel references to the South- 
 eastern Reporter are added to 
 citations of all cases in this Di- 
 gest. 
 
 1 (Vol. 4) 1901-1904 
 
 Parallel references to the South- 
 eastern Reporter, American 
 State Reports and Lawyers' 
 Reports Annotated are added 
 to citations of all cases in this 
 Digest. 
 
 West Publishing Co. 
 
 5Vols 1730-1905 
 
 Standard classification. 
 
 Parallel references to the South- 
 eastern Reporter, American 
 Decisions, American Reports, 
 American State Reports and 
 Lawyers' Reports Annotated 
 are added to citations of all 
 cases in this Digest. 
 
 1 (Vol. 6) 1905-1911 
 
 standard classification. Key- 
 numbered. 
 Parallel references to the South- 
 eastern Reporter, American 
 State Reports and Lawyers' 
 Reports Annotated are added 
 to citations of all cases in this 
 Digest. 
 
 W. Va. 1-29 
 W. Va. 30-35 
 
 W. Va. 1-47 
 
 W. Va. 48 to part of 55 
 Southeastern Reporter 
 
 (West Virginia cases) 1- 
 
 46 
 
 W. Va. 1-57, part of 58 
 Va. 1-103, part of 104 
 Southeastern Reporter 
 (Virginia and West Vir- 
 ginia cases) 1-51 
 
 W. Va. 59-66, part of 58 
 Va. 105-110, part of 104 
 Southeastern Reporter 
 (Virginia and West Vir- 
 ginia cases) 52-69 
 
520 
 
 Appendix. 
 
 (Part VI 
 
 WEST VIRGINIA— Continued. 
 
 Michie Co. (Encyclopedic Digest) Period covered. 
 
 13 Vols 1730-1905 
 
 Parallel references to the South- 
 eastern Reporter are added to 
 citations of cases in this Di- 
 gest. 
 
 1 (Vol. 14). 1904-1908 
 
 Parallel references to the South- 
 eastern Reporter are added to 
 citations of cases in this Di- 
 gest. 
 
 Reports Digested, 
 
 W. Va. 1-55 
 Va. 1-103 
 
 W. Va. 56-63 
 
 Va. 104-108 
 
 Table volume. Unnumber- 
 ed. Contains Table of 
 Cases Cited and Table of 
 Constitutions and Stat- 
 utes cited in vols. 1-14 
 
 1 (Vol. 15) 1908-1911 Va. 109-112 
 
 Parallel references to the South- W. Va. 64-69 
 
 eastern Reporter are added to 
 citations of cases in this Di- 
 gest. 
 
 WISCONSIN. 
 
 Shepard, Charles E. and Thomas R. 
 
 2 Vols 1836-1883 
 
 Bailey, W. F. 
 3 Vols. . , 
 
 1839-1900 
 
 Simmon, John B. 
 
 3 Vols 1839-1908 
 
 Parallel references to the North- 
 western Reporter, Lawyers' 
 Reports Annotated and Law- 
 yers' Reports Annotated (N. 
 S.) are added to citations of all 
 cases in this Digest. 
 
 Glazier, Gilson G. 
 
 1 (VoL 4 of Simmon's) 1908-1912 
 
 Parallel references to the North- 
 western Reporter are added to 
 citations of cases in this Di- 
 gest 
 
 Burnett 
 Pinney 1-3 
 Wis. 1-57 
 
 Pinney 1-3 
 Wis. 1-105 
 
 Burnett Ter. Rep. 
 Chandler 1-3 
 Pinney 1-3 
 Wis. 1-136 
 
 Northwestern Reporter 
 (Wisconsin cases) 1-116 
 
 Wis. 136-147 
 Northwestern Reporter 
 
 (Wisconsin cases) 117- 
 
 132, part of 133 
 
 Downey, Sheridan 
 
 WYOMING. 
 
 1 Vol 1870-1908 Wyo. 1-16 
 
 standard classification, Key- 
 numbered. 
 
 Parallel references to the Pacific 
 Reporter, American State Re- 
 ports and Lawyers' Reports 
 Annotated are added to cita- 
 tions of all cases in this Digest 
 
Ch.6) 
 
 United States Digests. 
 
 521 
 
 (c) UNITED STATES DIGESTS. 
 
 Danforth, Henry G. 
 1 Vol 
 
 SUPREME COURT. 
 
 Period Covered. 
 
 1754-1885 
 
 Reports Digested, 
 
 Dallas 1^ 
 Cranch 1-9 
 Wheaton 1-12 
 Peters 1-16 
 Howard 1-24 
 Black 1, 2 
 Wallace 1-23 
 U. S. 91-115 
 
 1 (Vol. 2) 1885-1891 U. S. 115-141 
 
 Russell, William Hepburn, and Winslow, 
 William Beverly (Syllabus Digest) 
 
 4 Vols 1754-1901 Dallas 1-4 
 
 Cranch 1-9 
 Wheaton 1-12 
 Peters 1-16 
 Howard 1-24 
 Black 1, 2 
 Wallace 1-23 
 U. S. 91-186 
 
 1 (Vol. 4, 2d Ed.) 1899-1905 U. S. 176-202 
 
 Obiter Digest of United States Supreme 
 Court Reports 
 2Vols 1754-1904 
 
 Dallas 1-4 
 Cranch 1-9 
 Wheaton 1-12 
 Peters 1-16 
 Howard 1-24 
 Black 1, 2 
 Wallace 1-23 
 U. S. 91-197 
 
 Rose, Walter Malins 
 
 3 Vols 1754-1901 
 
 Parallel references to the Law- 
 yers' Edition Reports and 
 Rose's Notes are added to cita- 
 tions of all cases in ttds Digest 
 
 Dallas 1-A 
 Cranch 1-9 
 Wheaton 1-12 
 Peters 1-16 
 Howard 1-24 
 Black 1, 2 
 Wallace 1-23 
 U. S. 91-186 
 
 Butler, Charles Henry (Index-Digest) 
 
 1 Vol 1902-1905 U. S. 187-202 
 
522 
 
 Appendix. 
 
 (Part VI 
 
 SUPREME COURT— Continued. 
 
 Lawyers' Co-op. Pub. Co. j,^,;„^ covered. 
 
 6 Vols 1754-1907 
 
 Parallel references to the Su- 
 preme Court Reporter and 
 Lawyers' Edition of the Unit- 
 ed States Reports are added 
 to citations of all cases in this 
 Digest. 
 
 1 (Vol. 7) 
 
 See above. 
 
 Reports Dlg:ested, 
 
 Dallas 1^ 
 Cranch 1-9 
 Wheaton 1-12 
 Peters 1-16 
 Howard 1-24 
 Black 1, 2 
 Wallace 1-23 
 U. S. 91-206 
 
 1907-1912 U. S. 207-225 
 
 Re- 
 
 Encyclopedia of U. S. Supreme Ct. 
 ports (Michie Co.) 
 
 11 Vols 1754-1907 
 
 Parallel references to the Law- 
 yers' Edition Reports are add- 
 ed to citations of all cases in 
 this Digest. 
 
 1 (Vol. 12) 1907-1912 
 
 Parallel references to the Su- 
 preme Court Reporter and 
 Lawyers' Edition of the Unit- 
 ed States Reports are added 
 to citations of all cases in this 
 Digest. 
 
 Dallas 1-4 
 Cranch 1-9 
 Wheaton 1-12 
 Peters 1-16 
 Howard 1-24 
 Black 1, 2 
 Wallace 1-23 
 U. S. 91-206 
 
 U. S. 207-225 
 
 CIRCUIT AND DISTRICT COURTS. 
 
 West Publishing Co. (Federal Cases Di- 
 gest) 
 
 1 Vol Earliest times 
 
 to 1879 Federal Cases 1-30 
 
 West Publishing Co. (Federal Reporter 
 Digest) 
 
 4 Vols 1880-1900 Fed. 1-100 
 
 5 (Vols. 5-9) 1900-1913 Fed. 101-200 
 
 standard classification, Key- 
 numbered. 
 
 This Digest is a recompilation of 
 Vols. 5, 6, 7, 8 and 9 Federal Di- 
 gest, the first two of which 
 were not on the Key-number 
 plan. 
 
Ch. 6) 
 
 Reporter Digests. 
 
 523 
 
 (d) REPORTER DIGESTS. 
 
 (i. E., Digests for the Different Parts of the National 
 Reporter System.) 
 
 Digest. 
 
 Reporter Vols 
 
 . Covered. 
 
 Period Covered. 
 
 Atlantic, Vol. 1 
 
 Atl., 
 
 1-50 
 
 1885-1902 
 
 
 
 3 
 
 
 51-65 
 
 1902-1907 
 
 
 
 3^ 
 
 
 66-80 
 
 1907-1911 
 
 Fed., 
 
 Vols. 
 
 1-4 
 
 Fed., 
 
 1-100 
 
 1880-1900 
 
 
 
 5-91-= 
 
 
 101-200 
 
 1900-1913 
 
 N.E., 
 
 Vol. 1 
 
 N. E., 
 
 1-30 
 
 1885-1892 
 
 
 
 2 
 
 
 31-40 
 
 1892-1895 
 
 
 
 3 
 
 
 41-50 
 
 1895-1898 
 
 
 
 4 
 
 
 51-65 
 
 1898-1903 
 
 
 
 5 
 
 
 66-80 
 
 1903-1907 
 
 
 
 6^ 
 
 
 81-95 
 
 1907-1911 
 
 N.W., 
 
 Vols. 
 
 1-2 
 
 X. W., 
 
 1-140 
 
 1879-1891 
 
 
 
 3 
 
 
 51-60 
 
 1892-1894 
 
 
 
 4 
 
 
 61-70 
 
 1894-1897 
 
 
 
 5 
 
 
 71-85 
 
 1897-1901 
 
 
 
 6 
 
 
 86-100 
 
 1901-1904 
 
 
 
 7^ 
 
 
 101-115 
 
 1904-1908 
 
 
 
 8^ 
 
 
 116-130 
 
 1908-1911 
 
 
 
 91 
 
 
 131-140 
 
 1911-1913 
 
 N. Y. 
 
 Supp., Vols. 
 
 1-2 
 
 N. Y. Supp., 
 
 1-35 
 
 1888-1895 
 
 
 
 3-4 
 
 
 36-75 
 
 1895-1902 
 
 
 
 5-6 1 
 
 
 76-110 
 
 1902-1908 
 
 
 
 7-8 ^ 
 
 
 111-135 
 
 1908-1912 
 
 Pac, 
 
 Vols. 
 
 1-10^.^ 
 
 Pac, 
 
 1-120 
 
 1883-1913 
 
 S.E., 
 
 Vol. 1 
 
 S.E., 
 
 1-20 
 
 1887-1895 
 
 
 
 2 
 
 
 21-40 
 
 1895-1903 
 
 
 
 3 
 
 
 41-55 
 
 1902-1906 
 
 
 
 41 
 
 
 56-70 
 
 1906-1911 
 
 South. 
 
 Vol. 1 
 
 South., 
 
 1-15 
 
 1887-1894 
 
 
 
 2 
 
 
 16-30 
 
 1894-1902 
 
 
 
 3 
 
 
 31-40 
 
 1903-1906 
 
 
 
 41 
 
 
 41-55 
 
 1906-1911 
 
 1 Key-Number Digest. All Reporter digests published after 190S are com- 
 piled on the Key-Number plan. 
 
 2 This is a recompilation of vols. 5, 6, 7, 8 and 9 Federal Reporter Digest, 
 the first two volumes of which were not on the Key-Numln'r plan. 
 
 3 This Is a recompilation of vols. 1 to 7 Pacific Reporter Digest, the first 4 
 volumes of which were not on the Key-Number plan. 
 
524 
 
 Appendix. 
 
 (Part VI 
 
 (d) REPORTER DIGESTS-Continued. 
 
 Digest. 
 
 Reporter Vols. Covered. 
 
 Period Covered. 
 
 S. W., 
 
 Vol. 1 
 
 S. 
 
 w., 
 
 1-20 
 
 1886-1893 
 
 
 2 
 
 
 
 21-30 
 
 1893-1895 
 
 
 3 
 
 
 
 31-40 
 
 1895-1897 
 
 
 4^5 
 
 
 
 41-60 
 
 1897-1901 
 
 
 6 
 
 
 
 61-75 
 
 1901-1903 
 
 
 7 
 
 
 
 76-90 
 
 1903-1906 
 
 
 8^ 
 
 
 
 91-105 
 
 1906-1908 
 
 
 9^ 
 
 
 
 106-120 
 
 1908-1909 
 
 
 10^ 
 
 
 
 121-135 
 
 1909-1911 
 
 
 111 
 
 
 
 136-150 
 
 1911-1912 
 
 1 Key-Number Digest. AH Reporter digests published after 1908 are com- 
 lilled on the Key-Number plan. 
 
Ch. 6) Digests Covering Selected Case Series of Reports. 525 
 
 (e) DIGESTS COVEEESTG THE VARIOUS SELECTED CASE 
 SERIES OF REPORTS. 
 
 Title of Digest. 
 
 Vols, of 
 Digest. 
 
 Vols, of 
 Eeports Covered. 
 
 Period 
 Covered. 
 
 Remarks. 
 
 Rapalje's Digest of Amer- 
 
 Vols. 1 to 3 
 
 1 to 100 Amer- 
 
 1769-1887 
 
 
 ican Decisions and Amer- 
 
 
 ican Decisions 
 
 
 
 ican Reports 
 
 
 1 to 60 Amer- 
 ican Reports 
 
 
 
 Green's Digest of American 
 
 Vols. 1 to 3 
 
 1 to 96 
 
 1886-1904 
 
 American Classifi- 
 
 State Reports 
 
 Vol. 4 
 
 97 to 120 
 
 1904-1908 
 
 cation 
 
 
 Vol. 5 1121-140 
 
 1908-1911 
 
 
 Digest of American and 
 
 1 vol. 
 
 1 to 20 
 
 1906-1911 
 
 
 Englisli Annotated Cases 
 
 
 
 
 
 L. R. A. Digest 
 
 Vols. 1 to 3 
 
 1 to 70 
 
 1888-1905 
 
 
 L. R. A. New Series Digest 
 
 1 vol. 
 
 1 to 24 
 
 1906-1909 
 
 
526 
 
 Appendix. 
 
 (Part VI 
 
 (f) MISCELLANEOUS DIGESTS. 
 
 Title of Digest. 
 
 Vols, of 
 Digest. 
 
 Bender & Hinman's Digest 
 of American Bankruptcy 
 Reports 
 
 American 
 Cases 
 
 Corporation 
 
 American and English Cor- 
 poration Cases 
 
 American Criminal Re- 
 ports 
 
 American Railway Re- 
 ports 
 
 American Railroad & Cor- 
 poration Reports 
 
 American and Engllsli 
 Railroad Cases 
 
 American and English 
 Railroad Cases (New Se- 
 ries) 
 
 American Negligence Cases 
 
 American Negligence Re- 
 ports 
 
 Probate Reports Annotated 
 
 Morrison's Mining Reports 
 
 Street Railway Reports 
 
 Vol. 1 
 
 Vol. 2 
 
 Vol. 3 
 ♦ 
 
 1 vol. 
 
 Vol. 1 
 
 1 vol. 
 
 1 vol. 
 
 (Vol.Gof R. 
 & C. Cas. 
 contains 
 
 • Index 
 Digest.) 
 
 (Vol. 12 con- 
 tains Di- 
 gest.) 
 
 2 vols. 
 
 Vol. 1 
 Vol. 'J. 
 Vol. 3 
 
 1 vol. 
 
 1 vol. 
 
 Found in 
 vol. 8 Prob. 
 Rep. Ann. 
 
 Found in 
 vol. 14 Prob. 
 Rep. Ann. 
 
 Found in 
 vol. 10 Mor. 
 Min. Rep. 
 
 Found in 
 vol. 8 Str. 
 Ry. Rep. 
 
 Reports Covered. 
 
 1 to 14 
 15 to 20 
 21-27 
 
 1 to 10 
 
 1 to 40 
 
 1 to 15 
 
 1 to 20 
 
 1 to 6 
 
 7 to 12 
 
 1 to 61 
 
 1 to 23 
 24 to 43 
 44 to 53 
 
 1 to 11 
 
 1 to 20 
 
 1 to 8 
 
 1 to 14 
 
 1 to 15 
 
 1 to 8 
 
 Period 
 Covered. 
 
 1898-1906 
 1906-1909 
 1908-1912 
 
 1868-1887 
 1883-1894 
 
 1887-1909 
 
 1872-1881 
 1890-1892 
 
 1893-1896 
 1881-1896 
 
 1894-1901 
 1901-1906 
 1906-1908 
 
 1809-1896 
 
 1897-1906 
 
 1895-1903 
 
 1895-1909 
 
 1883-1898 
 
 1904-1913 
 
 Remarks. 
 
 This Digest con- 
 stitutes vol. 16 
 of the series of 
 Reports 
 
 Index Digest 
 
 Index Digest 
 
 Index Digest 
 
 Index Digest 
 
 Index Digest 
 
Ch. 6) Standard and Key-Number Digests. 527 
 
 (g) SPECIAL LIST OF STAND AKD CLASSIFICATION DIGESTS 
 AND KEY-NUMBER DIGESTS. 
 
 There are listed below the various Digests which have thus far 
 been compiled upon the Standard Classification — the digest classifi- 
 cation which was used first in the Century Digest, and which has re- 
 ceived the official indorsement of the American Bar Association. 
 Some of these Digests compiled on the Standard Classification have 
 the further advantage of being key-numbered — that is to say, the 
 numbering of the sections corresponds exactly with the Decennial 
 Digest. 
 
 Special explanation should be made regarding the Reporter Di- 
 gests. The standard classification did not reach its final form until 
 after 1896. Accordingly, those volumes of the Reporter Digests 
 which were published prior to that date are not strictly on the 
 Standard Classification, although the classification used in them 
 closely resembles that of the Century, Decennial, etc. 
 
 We have given below only the names of the various Digests. 
 They are all found in the foregoing lists in divisions (a)-(f) of 
 this chapter which contain additional information regarding each 
 Digest. 
 
 American Digest System. 
 
 (a) Century Digest. 
 
 (b) Decennial Digest (Key-Numbered). 
 
 (c) American Digest, Key-Number Series. 
 
 (d) American Monthly Digest (Key-Numbered). 
 
 Green's Digest of the American State Reports. 
 
 Reporter Digests. 
 
 Atlantic Digest, 
 Vol. 2 
 " 3 (Key-Numbered). 
 
528 Appendix. 
 
 Reporter Digests- — Continued. 
 
 Federal Digest, 
 Vols. 1-4 
 
 " 5-9^ (Key-Numbered). 
 
 New York Supplement Digest, 
 Vols. 3-4 
 
 " 5-6 (Key-Numbered). 
 
 it n Q f « 
 
 Northeastern Digest, 
 Vol. 3 
 " 4 
 
 (Part VI 
 
 " 6 (Key-Numbered). 
 
 Northwestern Digest, 
 
 Vol. 4 
 
 ' 5 
 
 ' 6 
 
 ' 7 (Key-Numbered). 
 
 ' 8 " " • 
 
 ' 9 " " 
 
 Pacific Digest, 
 
 Vols. 1-10' (Key-Numbered). 
 
 Southeastern Digest, 
 Vol. 2 
 " 3 
 
 " 4 
 
 (Key-Numbered). 
 
 Southern Digest, 
 
 Vol. 2 
 
 " 3 
 
 
 . '' 4. 
 
 (Key-Numbered). 
 
 Southwestern Dig 
 
 Vols. ^5 
 
 6 
 
 7 
 
 8 
 9 
 
 " 10 
 11 
 
 est, 
 (Key-Numbered). 
 
 a (I 
 ti « 
 « « 
 
 1 This is a recompilation of vols. 5, 6, 7, 8 and 9 Federal Reporter Digest, the first two 
 volumes of which were not on the Key-Number plan. 
 
 2 This is a recompilation of vols. 1 to 7 Pacific Reporter Digest, the first 4 volumes of • 
 which were not on the Ivey-Number plan. 
 
Ch. 6) List of Digests. 529 
 
 State Digests of — 
 
 Indiana (West Publishing Co. Key-Number Digest). 
 
 Kansas (West Publishing Co. Key-Number Digest). 
 
 Kentucky (West Publishing Co. Supplement is Key- 
 Numbered). 
 
 Kentucky (Bobbs-Merrill Co. Cumulative Digest. 
 Vol. 2 is Key-Numbered). 
 
 Massachusetts (West Publishing Co. and Little, 
 Brown & Co.). 
 
 Michigan (West Publishing Co. Key-Number Di- 
 gest). 
 
 Mississippi (Bobbs-Merrill Co. Key-Number Di- 
 gest). 
 
 Missouri (West Publishing Co. Supplements are 
 Key-Numbered). 
 
 New Jersey (Soney & Sage, Publishers). 
 
 Oklahoma (West Publishing Co. Key-Number Di- 
 gest). 
 
 Oklahoma (Bobbs-Merrill Co. Cumulative Digest. 
 Key-Numbered). 
 
 United States (Rose's Digest). 
 
 Vermont (West Publishing Co. Key-Number Di- 
 gest). 
 
 Virginia and West Virginia ( West Publishing Co. Sup- 
 plement is Key-Numbered). 
 
 Washington (Remington's Digest). 
 
 Wyoming (Downey's Digest. Key-Numbered). 
 
 In addition to the above, there are a number of State Digests 
 which, though compiled substantially on the American Digest Classi- 
 fication, depart from it in some instances, consequently cannot be 
 listed as Standard Classification Digests in the strict sense. These 
 Digests are as follows : 
 
 '&^ 
 
 Arkansas (Crawford's Digest, vol. 3). 
 
 California (Green's Digest). 
 
 Idaho (Ailshie & Snow's Digest). 
 
 Illinois (Callaghan & Co. Digest). 
 
 Nebraska (Synoptical Digest). 
 
 New York (Mason & Hoguet's Digest). 
 
 Ohio (Laning's Digest). 
 
 Oregon (Montague's Digest). 
 
 Texas (Green's Digest). 
 
 Brief Matc.CSd Ed.) — 34 
 
CHAPTER 7. 
 THE APPELLATE COURTS OF THE VARIOUS STATES. 
 
 The designations of the courts of last resort of the several states 
 vary to a considerable extent. Taken collectively they give no 
 adequate idea as to their relative standing, and in fact are apt to 
 mislead lawyers consulting the decisions of states other than their 
 own. In some states the Court of Appeals is the court of last 
 resort, and the Supreme Court is an intermediate appellate court, 
 while in other states these designations are exactly reversed. This 
 table includes the appellate courts now in existence, and also a 
 number of courts which no longer exist, but whose opinions are 
 still frequently cited as authority. Where more than one court is 
 given under a state, they are arranged in the order of their rank. 
 
 STATE 
 Alabama 
 
 Arizona 
 
 Arkansas 
 California 
 
 Colorado 
 
 Connecticut 
 Delaware 
 
 (1) 
 
 (1) 
 (3) 
 
 (1) 
 
 (2) 
 
 COURT 
 
 (1) 
 
 (3) 
 
 Supreme Court 
 Court of Appeals 
 Supreme Court 
 Supreme Court 
 Supreme Court 
 rCourt of Appeal, 
 (2) -i Court of Appeal 
 
 1st District 
 2d District 
 
 [Court of Appeal, 3d District 
 
 Supreme Court 
 
 Court of Appeals 
 
 Supreme Court of Errors 
 
 Supreme Court (Formerly Court of 
 Errors and Appeals. Name changed 
 by Laws 1898, p. 251. Entertains 
 appeals from the Court of Chancery, 
 which are published in the Dela- 
 ware Chancery Reports, and appeals 
 from the Superior Court, Court of 
 General Sessions, and Court of 
 Oyer and Terminer, which appeals 
 are published in Boyce's Reports.) 
 
 'Court of Chancery 
 
 Superior Court 
 
 Court of General Sessions 
 
 Court of Oyer and Terminer 
 
 KEPORTS— 
 HOW CITED 
 
 Ala. 
 
 Ala. App. 
 Ariz. 
 Ark. 
 Cal. 
 
 Cal. App. 
 Cal. App. 
 Cal. App. 
 Colo. 
 
 Colo. App. 
 Conn. 
 
 Del. Ch. or 
 Boyce 
 
 Del. Ch. 
 
 Boyce 
 Boyce 
 Boyce 
 
 Bbief Mak.(3d Ed.) 
 
 (530) 
 
Ch. 7) The Appellate Courts of the Various States. 
 
 531 
 
 STATE 
 
 District of Columbia (1) 
 (2) 
 
 Florida 
 Georgia 
 
 Idaho 
 Illinois 
 
 Indiana 
 
 Iowa 
 Kansas 
 
 Kentucky 
 
 Louisiana 
 
 Maine 
 
 Maryland 
 
 Massachusetts 
 
 Michigan 
 
 Minnesota 
 
 Mississippi 
 
 Missouri 
 
 (1) 
 
 (2) 
 
 (1) 
 
 (2) 
 
 (1) 
 (3) 
 
 (1) 
 (2) 
 
 (1) 
 (2) 
 
 Montana 
 
 Nebraska 
 
 Nevada 
 
 New Hampshire 
 
 New Jersey (1) 
 
 (2) 
 
 New Mexico 
 
 COURT 
 
 Court of Appeals 
 
 Supreme Court (Decisions of the Su- 
 preme Court not now reported. 
 The appellate jurisdiction formerly 
 held by the Supreme Court was in 
 1893 transferred to a new court, 
 styled the Court of Appeals, whose 
 decisions are reported under the 
 caption "App. D. C") 
 
 Supreme Court 
 
 Supreme Court 
 
 Court of Appeals 
 
 Supreme Court 
 
 Supreme Court 
 
 'Appellate Court, 1st District 
 
 Appellate Court, 2d District 
 
 Appellate Court, 3d District 
 
 Appellate Court, 4th District 
 
 Branch Appellate Court, 1st District 
 
 Supreme Court 
 
 Appellate Court 
 
 Supreme Court 
 
 Supreme Court 
 
 Court of Appeals * 
 
 Court of Appeals 
 
 Supreme Court 
 
 Supreme Judicial Court 
 
 Court of Appeals 
 
 Supreme Judicial Court 
 
 Supreme Court 
 
 Supreme Court 
 
 Supreme Court 
 
 Supreme Court 
 
 Kansas City Court of Appeals 
 
 St. Louis Court of Appeals 
 
 Springfield Court of Appeals 
 
 Supreme Court 
 
 Supreme Court 
 
 Supreme Court 
 
 Supreme Court 
 
 Court of Errors and Appeals (Enter- 
 tains appeals from the Supreme 
 Court, which are published in the 
 Law Reports, and appeals from the 
 Court of Chancery and Preroga- 
 tive Court, which are reported in 
 the Equity Reports.) 
 
 Supreme Court 
 
 Court of Chancery 
 
 Prerogative Court 
 
 Supreme Court 
 
 REPORTS- 
 HOW CITED 
 
 App. D. C. 
 
 D.C. 
 
 Fla. 
 
 Ga. 
 
 Ga. App. 
 
 Idaho 
 
 111. 
 
 111. App. 
 
 111. App. 
 
 111. App. 
 
 111. App. 
 
 111. App. 
 
 Ind. 
 
 Ind. App. 
 
 Iowa 
 
 Kan. 
 
 Kan. App. 
 
 Ky. 
 
 La. 
 
 Me. 
 
 Md. 
 
 Mass, 
 
 Mich. 
 
 Minn. 
 
 Miss. 
 
 Mo. 
 
 Mo. App. 
 
 Mo. App. 
 
 Mo. App. 
 
 Mont. 
 
 Neb. 
 
 Nev. 
 
 N. H. 
 
 N. J. Law or 
 
 N. J. Eq. 
 
 N. J. Law 
 N. T. Eq. 
 N. j. Eq. 
 N. M. 
 
 * Defunct 
 
532 
 
 Appendix. 
 
 (Part VI 
 
 STATE 
 New York 
 
 North Carolina 
 North Dakota 
 Ohio 
 Oklahoma 
 
 Oregon 
 Pennsylvania 
 Rhode Island 
 South Carolina 
 South Dakota 
 Tennessee 
 
 Texas 
 
 Utah 
 
 Vermont 
 
 Virginia 
 
 Washington 
 
 West Virginia 
 
 Wisconsin 
 
 Wyoming 
 
 (1) 
 
 (2) 
 
 (3) 
 
 (1) 
 (3) 
 
 (1) 
 (3) 
 
 (1) 
 
 (2) 
 (3) 
 
 COURT 
 
 Court of -Appeals 
 
 'Supreme Court, Appellate Div., 1st 
 Dept. 
 
 Supreme Court, Appellate Div., 2d 
 Dept. 
 
 Supreme Court, Appellate Div., 3d 
 Dept. 
 
 Supreme Court, Appellate Div., 4th 
 Dept. 
 
 Supreme Court, Appellate Term (This 
 
 court [in both first and second 
 
 uL-partments] entertains appeals in 
 
 certain cases from the Municipal 
 
 Courts and other courts in New 
 
 York City, and appeals lie from it 
 
 to the Supreme Court, Appellate 
 
 Division, 1st Department.) 
 
 Supreme Court 
 
 Supreme Court 
 
 Supreme Court 
 
 Supreme Court 
 
 Criminal Court of Appeals 
 
 Supreme Court 
 
 Supreme Court 
 
 Supreme Court 
 
 Supreme Court 
 
 Supreme Court 
 
 Supreme Court 
 
 Court of Civil Appeals (Formerly 
 Court of Chancery Appeals, re- 
 ports being cited "Tenn. Ch. App." 
 Name changed by Acts 1907, p. 
 232.) 
 
 Supreme Court 
 
 Court of Criminal Appeals 
 
 Court of Civil Appeals (There are eight 
 courts sitting at specified places 
 throughout the state.) 
 
 Supreme Court 
 
 Supreme Court 
 
 Supreme Court of Appeals 
 
 Supreme Court 
 
 Supreme Court of Appeals 
 
 Supreme Court 
 
 Supreme Court 
 
 REPORTS- 
 HOW CITED 
 
 N. Y. 
 App. Div. 
 
 App. Div. 
 
 App. Div. 
 
 App. Div. 
 
 Misc. Rep. 
 
 N. C. 
 
 N. D. 
 
 Ohio St. 
 
 Okl. 
 
 Okl. Cr. App. 
 
 Or. 
 
 Pa. 
 
 R. I. 
 
 S. C. 
 
 S. D. 
 
 Tenn. 
 
 Tenn. Civ. App, 
 
 Tex. 
 
 Tex. Cr. App. 
 
 Tex. Civ. App. 
 
 Utah 
 
 Vt. 
 
 Va. 
 
 Wash. 
 
 W. Va. 
 
 Wis. 
 
 Wyo. 
 
CHAPTER 8. 
 
 MAIN TITLES OF THE STANDARD DIGEST CLASSI- 
 FICATION. 
 
 (a) AREANGED ALPHA T5ETIC ALLY. 
 
 The following is a list of the 412 main titles or topic headings used 
 in the Standard Classification Scheme, arranged alphabetically: 
 
 Abandonment 
 
 Associations 
 
 Abatement and Revival 
 
 Assumpsit, Action of 
 
 Abduction 
 
 Asylums 
 
 Abortion 
 
 Attachment 
 
 Absentees 
 
 Attorney and Client 
 
 Abstracts of Title 
 
 Attorney General 
 
 Accession 
 
 Auctions and Auctioneers 
 
 Accord and Satisfaction 
 
 Audita Querela 
 
 Account , 
 
 
 Account, Action on 
 
 Bail 
 
 Account Stated 
 
 Bailment 
 
 Acknowledgment 
 
 Bankruptcy 
 
 Action 
 
 Banks and Banking 
 
 Action on the Case 
 
 Bastards 
 
 Adjoining Landowners 
 
 Beneficial Associations 
 
 Admiralty 
 
 Bigamy 
 
 Adoption 
 
 Bills and Notes 
 
 Adulteration 
 
 Blasphemy 
 
 Adultery 
 
 Bonds 
 
 Adverse Possession 
 
 Boundaries 
 
 Affidavits 
 
 Bounties 
 
 Affray 
 
 Breach of Marriage Promise 
 
 Agriculture 
 
 Breach of the Peace 
 
 Aliens 
 
 Bribery 
 
 Alteration of .Instruments 
 
 Bridges 
 
 Ambassadors and Consuls 
 
 Brokers 
 
 Amicus Curiae 
 
 Building and Loan Associations 
 
 Animals 
 
 Burglary 
 
 Annuities 
 
 
 Appeal and Error 
 
 Canals 
 
 Appearance 
 
 Cancellation of Instruments 
 
 Apprentices 
 
 Carriers 
 
 Arbitration and Award 
 
 Cemeteries 
 
 Army and Navy 
 
 Census 
 
 Arrest 
 
 Certiorari 
 
 Arson 
 
 Champerty and Maintenance 
 
 Assault and Battery 
 
 Charities 
 
 Assignments 
 
 Chattel Mortgages 
 
 Assignments for Benefit of 
 
 Creditors Citizens 
 
 Assistance, Writ of 
 
 Civil Rights 
 
 Beief Mak.(3d Ed.) 
 
 (533) 
 
534 
 
 Appendix. 
 
 (Part VI 
 
 (a) AEEANGED ALPHABETICALLY— Cont'd. 
 
 Clerks of Courts 
 
 Clubs 
 
 Colleges and Universities 
 
 Collision 
 
 Commerce 
 
 Common Lands 
 
 Common Law 
 
 Common Scold 
 
 Compositions with Creditors 
 
 Compounding Felony 
 
 Compromise and Settlement 
 
 Confusion of Goods 
 
 Conspiracy 
 
 Constitutional Law 
 
 Contempt 
 
 Continuance 
 
 Contracts 
 
 Contribution 
 
 Conversion 
 
 Convicts 
 
 Copyrights 
 
 Coroners 
 
 Corporations 
 
 Costs 
 
 Counterfeiting 
 
 Counties 
 
 Court Commissioners 
 
 Courts 
 
 Covenant, Action of 
 
 Covenants 
 
 Creditors' Suit 
 
 Criminal Law 
 
 Crops 
 
 Curtesy 
 
 Customs and Usages 
 
 Customs Duties 
 
 Damages 
 
 Dead Bodies 
 
 Death 
 
 Debt, Action of 
 
 Dedication 
 
 Deeds 
 
 Depositaries 
 
 Depositions 
 
 Deposits in Court 
 
 Descent and Distribution 
 
 Detectives 
 
 Detinue 
 
 Discovery 
 
 Dismissal and Nonsuit 
 
 Disorderly Conduct 
 
 Disorderly House 
 
 District and Prosecuting Attorneys 
 
 District of Columbia 
 
 Disturbance of Public Assemblage 
 
 Divorce 
 
 Domicile 
 
 Dower 
 
 Drains 
 
 Druggists 
 
 Drunkards 
 
 Dueling 
 
 Easements 
 
 Ejectment 
 
 Election of Remedies 
 
 Elections 
 
 Electricity 
 
 Embezzlement 
 
 Embracery 
 
 Eminent Domain 
 
 Entry, Writ of 
 
 Equity 
 
 Escape 
 
 Escheat 
 
 Escrows 
 
 Estates 
 
 Estates Tail 
 
 Estoppel 
 
 Evidence 
 
 Exceptions, Bill of 
 
 Exchange of Property 
 
 Exchanges 
 
 Execution 
 
 Executors and Administrators 
 
 Exemptions 
 
 Explosives 
 
 Extortion 
 
 Extradition 
 
 Factors 
 
 False Imprisonment 
 
 False Personation 
 
 False Pretenses 
 
 Fences 
 
 Ferries 
 
 Finding Lost Goods 
 
 Fines 
 
 Fires 
 
 Fish 
 
 Fixtures 
 
 Food 
 
 Forcible Entry and Detainer 
 
Ch. 8) Main Titles of the Standard Digest Classification. 535 
 
 (a) ARRANGED ALPHABETICALLY— Cont'd. 
 
 Forfeitures 
 
 Judicial Sales 
 
 Forgery 
 
 Jury 
 
 Fornication 
 
 Justices of the Peace 
 
 Franchises 
 
 
 Fraud 
 
 Kidnapping 
 
 Frauds, Statute of 
 
 
 Fraudulent Conveyances 
 
 Landlord and Tenant 
 
 
 Larceny 
 
 Game 
 
 Levees 
 
 Gaming 
 
 Lewdness 
 
 Garnishment 
 
 Libel and Slander 
 
 Gas 
 
 Licenses 
 
 Gifts 
 
 Liens 
 
 Good Will 
 
 Life Estates 
 
 Grand Jury 
 
 Limitation of Actions 
 
 Ground Rents 
 
 Lis Pendens 
 
 Guaranty 
 
 Literary Property 
 
 Guardian and Ward 
 
 Livery Stable Keepers 
 
 
 Logs and Logging 
 
 Habeas Corpus 
 
 Lost Instruments 
 
 Hawkers and Peddlers 
 
 Lotteries 
 
 Health 
 
 
 Highways 
 
 Malicious Mischief 
 
 Holidays 
 
 Malicious Prosecution 
 
 Homestead 
 
 Mandamus 
 
 Homicide 
 
 Manufactures 
 
 Hospitals 
 
 Maritime Liens 
 
 Husband and Wife 
 
 Marriage 
 
 
 Marshaling Assets anc 
 
 Improvements 
 
 Master and Servant 
 
 Incest 
 
 Mayhem 
 
 Indemnity 
 
 Mechanics' Liens 
 
 Indians 
 
 Mercantile Agencies 
 
 Indictment and Information 
 
 Militia 
 
 Infants 
 
 Mines and Minerals 
 
 Injunction 
 
 Miscegenation 
 
 Innkeepers 
 
 Money Lent 
 
 Insane Persons 
 
 Money Paid 
 
 Insolvency 
 
 Money Received 
 
 Inspection 
 
 Monopolies 
 
 Insurance 
 
 Mortgages 
 
 Insurrection 
 
 Motions 
 
 Interest 
 
 Municipal Corporations 
 
 Internal Revenue 
 
 
 International Law 
 
 Names 
 
 Interpleader 
 
 Navigable Waters 
 
 Intoxicating Liquors 
 
 Ne Exeat 
 
 
 Negligence 
 
 Joint Adventures 
 
 Neutrality Laws 
 
 Joint-Stock Companies 
 
 Newspapers 
 
 Joint Tenancy 
 
 New Trial 
 
 Judges 
 
 Notaries 
 
 Judgment 
 
 • Notice 
 
536 
 
 Appendix. 
 
 (Part VI 
 
 (a) AEEANGED ALPHABETICALLY— Cont'd. 
 
 Novation Reference 
 
 Nuisance Reformation of Instruments 
 
 Reformatories 
 
 Registers of Deeds 
 
 Release 
 
 Religious Societies 
 
 Remainders 
 
 Removal of Causes 
 
 Replevin 
 
 Reports 
 
 Rescue 
 
 Reversions 
 
 Review 
 
 Rewards 
 
 Riot 
 
 Robbery 
 
 Sales 
 
 Salvage 
 
 Schools and School Districts 
 
 Scire Facias 
 
 Seals 
 
 Seamen 
 
 Searches and Seizures 
 
 Seduction 
 
 Sequestration 
 
 Set-Off and Counterclaim 
 
 Sheriffs and Constables 
 
 Shipping 
 
 Signatures 
 
 Slaves 
 
 Sodomy 
 
 Specific Performance 
 
 Spendthrifts 
 
 States 
 
 Statutes 
 
 Steam 
 
 Stipulations 
 
 Street Railroads 
 
 Submission of Controversy 
 
 Subrogation 
 
 Subscriptions 
 
 Suicide 
 
 Sunday 
 
 Supersedeas 
 
 Taxatioi; 
 
 Telegraphs and Telephones 
 
 Tenancy in Common 
 
 Tender 
 
 Territories 
 
 Theaters and Shows 
 
 Threats 
 
 Oath 
 Obscenity 
 Obstructing Justice 
 Officers 
 
 Pardon 
 
 Parent and Child 
 
 Parliamentary L,aw 
 
 Parties 
 
 Partition 
 
 Partnership 
 
 Party Walls 
 
 Patents 
 
 Paupers 
 
 Pawnbrokers 
 
 Payment 
 
 Penalties 
 
 Pensions 
 
 Perjury 
 
 Perpetuities 
 
 Physicians and Surgeons 
 
 Pilots 
 
 Piracy 
 
 Pleading 
 
 Pledges 
 
 Poisons 
 
 Possessory Warrant 
 
 Post Office 
 
 Powers 
 
 Principal and Agent 
 
 Principal and Surety 
 
 Prisons 
 
 Private Roads 
 
 Prize Fighting 
 
 Process 
 
 Prohibition 
 
 Property 
 
 Prostitution 
 
 Public Lands 
 
 Quieting Title 
 Quo Warranto 
 
 Railroads 
 
 Rape 
 
 Real Actions 
 
 Receivers 
 
 Receiving Stolen Goods 
 
 Recognizances 
 
 Records 
 
Ch. 8) Main Titles of the Standard Digest Classification. 537 
 
 (a) ARRANaED ALPHABETICALLY— Cont'd. 
 
 Time 
 
 Unlawful Assembly 
 
 Torts 
 
 Use and Occupation 
 
 Towage 
 
 Usury 
 
 Towns 
 
 
 Trade-Marks and Trade-Names 
 
 Vagrancy . 
 
 Trade Unions 
 
 Vendor and Purchaser 
 
 Treason 
 
 Venue 
 
 Treaties 
 
 
 Trespass 
 
 War 
 
 Trespass to Try Title 
 
 Warehousemen 
 
 Trial 
 
 Waste 
 
 Trover and Conversion 
 
 Waters and Water Courses 
 
 Trusts 
 
 Weapons 
 
 Turnpikes and Toll Roads 
 
 Weights and Measures 
 
 
 Wharves 
 
 Undertakings 
 
 Wills 
 
 United States 
 
 Witnesses 
 
 United States Commissioners 
 
 Woods and Forests 
 
 United States Marshals 
 
 Work and Labor 
 
538 Appendix. (Part VI 
 
 (b) CATEGOEICALLY ARRANGED. 
 
 The following is a list of the 412 main titles or topic headings of 
 the Standard Classification Scheme, arranged in their relations to the 
 seven fundamental categories : 
 
 PERSONS. 
 
 1. Matters Relating to Natural Persons in General, 
 
 Names Food 
 
 Signatures Intoxicating L,iquors 
 
 Seals Poisons 
 
 Domicile Weapons 
 
 Time Civil Rights 
 
 Sunday Death 
 
 Holidays Dead Bodies 
 
 Health 
 
 2. Particular Classes of Natural Persons. 
 
 Citizens Insane Persons 
 
 Absentees Drunkards 
 
 Aliens Spendthrifts 
 
 Indians Paupers 
 
 Bastards Slaves 
 
 Infants Convicts 
 
 3. Personal Relations. 
 
 Marriage Executors and Administrators 
 
 Husband and Wife Attorney and Client 
 
 Parent and Child Principal and Agent 
 
 Adoption Master and Servant 
 
 Guardian and Ward Apprentices 
 
 4. Associated and Artificial Persons. 
 
 Partnership Building and Doan Associations 
 
 Associations Trade Unions 
 
 Joint-Stock Companies Exchanges 
 
 Corporations Colleges and Universities 
 
 Clubs Religious Societies 
 
 Beneficial Associations 
 
 5. Particular Occupations. 
 
 Agriculture Licenses 
 
 Manufactures Physicians and Surgeons 
 
 Commerce Druggists 
 
 Monopolies Theaters and Shows 
 
Ch. 8) 
 
 Main Titles of the Standard Digest Classification. 
 
 539 
 
 (b) CATEGORICALLY AEEANGED— Cont'd, 
 
 PERSONS— Cont'd. 
 5. Particular Occupations — Cont'd. 
 
 Innkeepers 
 
 Livery Stable Keepers 
 
 Warehousemen 
 
 Pawnbrokers 
 
 Banks and Banking 
 
 Insurance 
 
 Mercantile Agencies 
 
 Detectives 
 
 Brokers 
 
 Factors 
 
 Auctions and Auctioneers 
 
 Hawkers and Peddlers 
 
 Carriers 
 
 Railroads 
 
 Street Railroads 
 
 Turnpikes and Toll Roads 
 
 Bridges 
 
 Ferries 
 
 Canals 
 
 Shipping 
 
 Seamen 
 
 Pilots 
 
 Towage 
 
 Wharves 
 
 Telegraphs and Telephones 
 
 Steam 
 
 Electricity 
 
 Gas 
 
 Explosives 
 
 2. 
 
 PROPERTY. 
 1. Nature, Subjects and Incidents of Ownership in General. 
 
 Property 
 
 Adjoining Landowners 
 
 Improvements 
 
 Accession 
 
 Confusion of Goods 
 Abandonment 
 
 2. Particular Subjects and Incidents of Ownership. 
 
 Public Lands 
 
 Common Lands 
 
 Cemeteries 
 
 Boundaries 
 
 Fences 
 
 Party Walls 
 
 Mines and Minerals 
 
 Navigable Waters 
 
 Waters and Water Courses 
 
 A^oods and Forests 
 
 Logs and Logging 
 
 Crops 
 
 Animals 
 
 Game 
 
 Fish 
 
 Fixtures 
 
 Good Will 
 
 Trade-Marks and Trade-Names 
 
 Literary Property 
 
 Copyrights 
 
 Patents 
 
 Franchises 
 
 Annuities 
 
 3. Particular Classes of Estates or Interests in Property. 
 
 Estates 
 
 Estates Tail 
 
 Life Estates 
 
 Dower 
 
 Curtesy 
 
 Landlord and Tenant 
 
 Ground Rents 
 
 Reversions 
 
 Remainders 
 
 Joint Tenancy 
 
 Tenancy in Common 
 
 Easements 
 
 Trusts 
 
 Charities 
 
 Perpetuities 
 
 Powers 
 
540 Appendix. (Part VI 
 
 (b) CATEGORICALLY AERANGED— Cont'd. 
 
 PROPERTY— Cont'd. 
 
 4. Particular Modes of Acquiring or Transferring Property. 
 
 Adverse Possession Fraudulent Conveyances 
 
 Finding Lost Goods Escrows 
 
 Dedication ' Lost Instruments 
 
 Gifts Alteration of Instruments 
 
 Deeds Wills 
 
 Assignments Conversion 
 
 Mortgages Descent and Distribution 
 
 Chattel Mortgages Escheat 
 
 Pledges Abstracts of Title 
 
 Assignments for Benefit of Creditors 
 
 3. 
 
 CONTRACTS. 
 
 1. Nature, Requisites, and Incidents of Agreements in General. 
 
 Contracts Interest 
 
 Frauds, Statute of Usury 
 
 Customs and Usages 
 
 2. Particular Classes of Agreements. 
 
 Breach of Marriage Promise Subscriptions 
 
 Bailment Joint Adventures 
 
 Depositaries . Principal and Surety 
 
 Sales Guaranty 
 
 Vendor and Purchaser Indemnity 
 
 Exchange of Property Compromise and Settlement 
 
 Covenants Compositions with Creditors 
 
 Bonds Champerty and Maintenance 
 
 Bills and Notes Gaming 
 
 Rewards Lotteries 
 
 3. Particular Classes of Implied or Constructive Contracts or Quasi Contracts. 
 
 Work and Labor Money Received 
 
 Use and Occupation Account Stated 
 
 Money Lent Contribution 
 Money Paid 
 
 4. Particular Modes of Discharging Contracts. 
 
 Payment Subrogation 
 
 Tender Release 
 
 Aovation 
 
Ch. 8) Main Titles of the Standard Digfest Classification. 541 
 
 (b) CATEGOKIOALLY AERANGED— Cont'd. 
 
 
 4. 
 TORTS. 
 
 Torts 
 
 Waste 
 
 Assault and Battery- 
 
 Trover and Conversion 
 
 False Imprisonment 
 
 Collision 
 
 Malicious Prosecution 
 
 Fraud 
 
 Negligence 
 
 Seduction 
 
 Nuisance 
 
 Libel and Slander 
 
 Trespass 
 
 Conspiracy 
 
 Forcible Entry and Detainer 
 
 
 
 5. 
 CRIMES. 
 
 Criminal Law 
 
 Blasphemy 
 
 Suicide 
 
 Obscenity 
 
 Homicide 
 
 Fornication 
 
 Mayhem 
 
 Incest 
 
 Abortion 
 
 Miscegenation 
 
 Rape 
 
 Adultery 
 
 Sodomy 
 
 Bigamy 
 
 Kidnapping 
 
 Lewdness 
 
 Abduction 
 
 Prostitution 
 
 Arson 
 
 Disorderly iHouse 
 
 Fires 
 
 Breach of the Peace 
 
 Malicious Mischief 
 
 Dueling 
 
 Burglary 
 
 Prize Fighting 
 
 Robbery 
 
 Affray 
 
 Threats 
 
 Unlawful Assembly 
 
 Extortion 
 
 Riot 
 
 Larceny 
 
 Compounding Felony 
 
 Embezzlement 
 
 Obstructing Justice 
 
 False Pretenses 
 
 Bribery 
 
 False Personation 
 
 Embracery 
 
 Receiving Stolen Goods 
 
 Perjury 
 
 Forgery 
 
 Escape 
 
 Counterfeiting 
 
 Rescue 
 
 Adulteration 
 
 Insurrection 
 
 Vagrancy 
 
 Treason 
 
 Disorderly Conduct 
 
 Neutrality Laws 
 
 Disturbance of Public Assemblage 
 
 Piracy 
 
 Common Scold 
 
 
 6. 
 
 REMEDIES. 
 
 1. Remedies by Act or Agreement of Parties. 
 
 Accord and Satisfaction 
 Arbitration and Award 
 
 Submission of Controversy 
 
542 Appendix. (Part VI 
 
 (b) CATEGORICALLY ARRANGED— Cont'd. 
 
 REMEDIES— Cont'd. 
 
 2. Remedies by Possession or Notice. 
 
 Liens Salvage 
 
 Mechanics' Liens Notice 
 
 Maritime Liens Lis Pendens 
 
 3. Means and Methods of Proof. 
 
 Evidence Oath 
 
 Witnesses Acknowledgment 
 
 Depositions Records 
 
 Affidavits Estoppel 
 
 4. Civil Actions in General. 
 
 Action Limitation of Actions 
 
 Election of Remedies Venue 
 
 Set-Oft" and Counterclaim Parties 
 
 5. Particular Proceedings in Civil Actions. 
 
 Process Trial 
 
 Appearance Reference 
 
 Abatement and Revival Damages 
 
 Pleading Judgment 
 
 Stipulations Execution 
 
 Motions Exemptions 
 
 Dismissal and Nonsuit Homestead 
 
 Continuance Costs 
 Jury 
 
 6. Particular Remedies Incident to Civil Actions. 
 
 Arrest Garnishment 
 
 Ne Exeat Discovery 
 
 Bail Injunction 
 
 Recognizances Receivers 
 
 Undertakings Sequestration 
 
 Deposits in Court Judicial Sales 
 
 Attachment Assistance, Writ of 
 
 7. Particular Modes of Review in Civil Actions. 
 
 Exceptions, Bill of Certiorari 
 
 New Trial Review 
 
 Appeal and Error Audita Querela 
 
Ch. 8) Main Titles of the Standard Digest Classification. 543 
 
 (b) OATEGORICAI.lt AEEANGED— Cont'd. 
 
 REMEDIES— Cont'd. 
 
 8. Actions to Establish Ownership or Recover Possession of Specific 
 
 Property. 
 
 Real Actions Detinue 
 
 Entry, Writ of , Replevin 
 Ejectment Possessory Warrant 
 
 Trespass to Try Title Interpleader 
 
 Quieting Title 
 
 9. Forms of Actions for Debts or Damages. 
 
 Debt, Action of Assumpsit, Action of 
 
 Account, Action on Action on the Case 
 
 Covenant, Action of 
 
 10. Actions for Particular Forms of Special Relief. 
 
 Divorce Specific Performance 
 
 Partition Account 
 
 Cancellation of Instruments Creditors' Suit 
 
 Reformation of Instruments Marshaling Assets and Securities 
 
 11. Civil Proceedings Other Than Actions. 
 
 Habeas Corpus Quo Warranto 
 
 Mandamus Scire Facias 
 
 Prohibition Supersedeas 
 
 12. Special Civil Jurisdictions and Procedure Therein. 
 
 Equity Insolvency 
 
 Adrairaltv Bankruptcy 
 
 13. Proceedings Peculiar to Criminal Cases. 
 
 Extradition Forfeitures 
 
 Searches and Seizures Penalties 
 
 Grand Jury Fines 
 
 Indictment and Information Pardon 
 
 7. 
 
 GOVERNMENT. 
 
 1. Political Bodies and Divisions. 
 
 United States Counties 
 
 States Towns 
 
 Territories Municipal Corporations 
 
 District of Columbia 
 
544 Appendix. (Part VI 
 
 (b) CATEGORICALLY ARKANCED— Cont'd. 
 
 GOVERNMENT— Cont'd. 
 
 2. Systems and Sources of Law. 
 
 Common Law Constitutional Law 
 
 International Law Statutes 
 
 Parliamentary Law Treaties 
 
 3. Legislative and Executive Powers and Functions. 
 
 Eminent Domain Highways 
 
 Taxation Private Roads 
 
 Customs Duties Levees 
 
 Internal Revenue Drains 
 
 Bounties ■ Census 
 
 Pensions Weights and Measures 
 
 Schools and School Districts Inspection 
 
 Post Office 
 
 4. Judicial Powers and Functions, and Courts and Their Officers. 
 
 Courts Court Commissioners 
 
 Removal of Causes > United States Commissioners 
 
 Judges Amicus Curiae 
 
 Justices of the Peace Reports 
 
 Clerks of Courts Contempt 
 
 5. Civil Service, Officers, and Institutions. 
 
 Officers Sheriffs and Constables 
 
 Elections United States Marshals 
 
 Ambassadors and Consuls Newspapers 
 
 Notaries . Hospitals 
 
 Registers of Deeds Asylums 
 
 Attorney General Reformatories 
 
 District and Prosecuting Attorneys Prisons 
 Coroners 
 
 6. Military and Naval Service and War. 
 
 Militia War 
 
 Army and Navy 
 
CHAPTER 9. 
 
 MAIN OR TOPIC TITLES IN "CYC." 
 
 The following is a list of the 440 main titles or topic titles in the 
 Cyclopedia of Law and Procedure, arranged alphabetically: 
 
 Abandonment 
 
 Abatement and Revival 
 
 Abduction 
 
 Abortion 
 
 Absentees 
 
 Abstracts of Title 
 
 Accession 
 
 Accident Insurance 
 
 Accord and Satisfaction 
 
 Accounts and Accounting 
 
 Acknowledgments 
 
 Actions 
 
 Adjoining Landowners 
 
 Admiralty 
 
 Adoption of Children 
 
 Adulteration 
 
 Adultery 
 
 Adverse Possession 
 
 Affidavits 
 
 Affray 
 
 Agriculture 
 
 Aliens 
 
 Alterations of Instruments 
 
 Ambassadors and Consuls 
 
 Amicus Curi^ 
 
 Animals 
 
 Annuities 
 
 Appeal and Error 
 
 Appearances 
 
 Apprentices 
 
 Arbitration and Award 
 
 Army and Navy 
 
 Arrest 
 
 Arson 
 
 Assault and Battery 
 
 Assignments 
 
 Assignments for Benefit of Creditors 
 
 Assistance, Writ of 
 
 Associations 
 
 Assumpsit, Action of 
 
 Asylums 
 
 Attachment 
 
 Attorney and Client 
 
 Attorney-General 
 
 Auctions and Auctioneers 
 
 Audita Querela 
 
 Beief Mak.(3d Ed.)— 35 
 
 Bail 
 
 Bailments 
 
 Bankruptcy 
 
 Banks and Banking 
 
 Barratry 
 
 Bastards 
 
 Bigamy 
 
 Blasphemy 
 
 Bonds 
 
 Boundaries 
 
 Bounties 
 
 Breach of Promise to Marry 
 
 Breach of the Peace 
 
 Bribery 
 
 Bridges 
 
 Builders and Architects 
 
 Building and Loan Societies 
 
 Burglary 
 
 Canals 
 
 Cancellation of Instruments 
 Carriers 
 Case, Action on 
 Cemeteries 
 Census 
 Certiorari 
 
 Champerty and Maintenance 
 Charities 
 
 Chattel Mortgages 
 Citizens 
 Civil Rights 
 Clerks of Courts 
 Clubs 
 
 Colleges and Universities 
 Collision 
 Commerce 
 Commercial Paper 
 Common Lands 
 Common Law 
 Common Scold 
 Compositions with Creditors 
 Compounding Felony 
 Compromise and Settlement 
 Concealment of Birth or Death 
 Confusion of Goods 
 
 Consolidation and Severance of Actions 
 (545) 
 
546 
 
 Appendix. 
 
 XPart VI 
 
 Conspiracy 
 
 Constitutional Law 
 
 Contempt 
 
 Continuances in Civil Cases 
 
 Coiitinuances in Criminal Cases 
 
 Contracts 
 
 Contribution 
 
 Conversion 
 
 Convicts 
 
 Copyright 
 
 Coroners 
 
 Corporations 
 
 Costs 
 
 Counterfeiting 
 
 Counties 
 
 Court Commissioners 
 
 Courts 
 
 Covenant, Action of 
 
 Covenants 
 
 Creditors' Suits 
 
 Criminal Law 
 
 Crops 
 
 Curtesy 
 
 Customs and Usages 
 
 Customs Duties 
 
 Damages 
 Dead Bodies 
 Death 
 
 Debt, Action of 
 Dedication 
 . Deeds 
 Depositaries 
 Depositions 
 Deposits in Court 
 Descent and Distribution 
 Detectives 
 Detinue 
 Discovery 
 
 Dismissal and Nonsuit 
 Disorderly Conduct 
 Disorderly Houses 
 District of Columbia 
 Disturbance of Public Meetings 
 Divorce 
 Domicile 
 Dower 
 Drains 
 Druggists 
 Drunkards 
 Dueling 
 
 Easements 
 Ejectment 
 Election of Remedies 
 
 Elections 
 
 Electricity 
 
 Embezzlement 
 
 Embracery 
 
 Eminent Domain 
 
 Employers' Liability Insurance 
 
 Entry, Writ of 
 
 Equity 
 
 Escape 
 
 Escheat 
 
 Escrows 
 
 Estates 
 
 Estoppel 
 
 Evidence 
 
 Exchange of Property 
 
 Exchanges 
 
 Executions 
 
 Executors and Administrators 
 
 Exemptions 
 
 Explosives 
 
 Extortion 
 
 Extradition (International) 
 
 Extradition (Interstate) 
 
 Factors and Brokers 
 
 False Imprisonment 
 
 False Personation 
 
 False Pretenses 
 
 Fences 
 
 Ferries 
 
 Fidelity Insurance 
 
 Finding Lost Goods 
 
 Fines 
 
 Fire Insurance 
 
 Fires 
 
 Fish and Game 
 
 Fixtures 
 
 Food 
 
 Forcible Entry and Detainer 
 
 Foreign Corporations 
 
 Forfeitures 
 
 Forgery 
 
 Fornication 
 
 Franchises 
 
 Fraud 
 
 Frauds, Statute of 
 
 Fraudulent Conveyances 
 
 Gaming 
 
 Garnishment 
 
 Gas 
 
 Gifts 
 
 Good-Will 
 
 Grand Juries 
 
 Ground-Rents 
 
Ch. 9,> 
 
 Main or Topic Titles in " Cyc' 
 
 547 
 
 Guaranty 
 
 Guardian and Ward 
 
 Habeas Corpus 
 
 Hawkers and Peddlers 
 
 Health 
 
 Holidays 
 
 Homesteads 
 
 Homicide 
 
 Hospitals 
 
 Husband and Wife 
 
 Improvements 
 
 Incest 
 
 Indemnity 
 
 Indians 
 
 Indictments and Informations 
 
 Infants 
 
 Informations in Civil Cases 
 
 Injunctions 
 
 Innkeepers 
 
 Insane Persons 
 
 Insolvency 
 
 Inspection 
 
 Insurance 
 
 Insurrection 
 
 Interest 
 
 Internal Revenue 
 
 International Law 
 
 Interpleader 
 
 Intoxicating Liquors 
 
 Joinder and Splitting of Actions 
 
 Joint Adventures 
 
 Joint Stock Companies 
 
 Joint Tenancy 
 
 Judges 
 
 Judgments 
 
 Judicial Sales 
 
 Juries 
 
 Justices of the Peace 
 
 Kidnapping 
 
 Labor Unions 
 
 Landlord and Tenant 
 
 Larceny 
 
 Levees 
 
 Lewdness 
 
 Liability Insurance 
 
 Libel and Slander 
 
 Licenses 
 
 Liens 
 
 Life Instirance 
 
 Limitations of Actions 
 
 Lis Pendens 
 Literary Property 
 Livery-Stable Keepers 
 Live-Stock Insurance 
 Lloyd's Insurance 
 Logging 
 
 Lost Instruments 
 Lotteries 
 
 Malicious Mischief 
 
 Malicious Prosecution 
 
 Mandamus 
 
 Manufacturers 
 
 Marine Insurance 
 
 Maritime Liens 
 
 Marriage 
 
 Marshaling Assets and Securities 
 
 Master and Servant 
 
 Mayhem 
 
 Mechanics' Liens 
 
 Mercantile Agencies 
 
 Militia 
 
 Mills 
 
 Mines and Minerals 
 
 Miscegenation 
 
 Money Lent 
 
 Money Paid 
 
 Money Received 
 
 Monopolies 
 
 Mortgages 
 
 Motions 
 
 Motor Vehicles 
 
 Municipal Corporations 
 
 Mutual Benefit Insurance 
 
 Names 
 
 Navigable Waters 
 
 Ne Exeat 
 
 Negligence 
 
 Neutrality Laws 
 
 Newspapers 
 
 New Trial 
 
 Notaries 
 
 Notice 
 
 Novation 
 
 Nuisances 
 
 Oaths and Affirmations 
 
 Obscenity 
 
 Obstructing Justice 
 
 Officers 
 
 Orders 
 
 Pardons 
 
 Parent and Child 
 
548 
 
 Appendix. 
 
 (Part VI 
 
 Parliamentary Law 
 
 Parties 
 
 Partition 
 
 Partnership 
 
 Party-Walls 
 
 Patents 
 
 Paupers 
 
 Pawnbrokers 
 
 Payment 
 
 Penalties 
 
 Pensions 
 
 Pent Roads 
 
 Peonage 
 
 Perjury 
 
 Perpetuities 
 
 Physicians and Surgeons 
 
 Pilots ■ 
 
 Piracy 
 
 Plate-Glass Insurance 
 
 Pleading 
 
 Pledges 
 
 Poisons 
 
 Possessory Warrant 
 
 Post-Office 
 
 Powers 
 
 Principal and Agent 
 
 Principal and Surety 
 
 Prisons 
 
 Private Roads 
 
 Prize-Fighting 
 
 Process 
 
 Profanity 
 
 Prohibition 
 
 Property 
 
 Prosecuting, etc., Attorneys 
 
 Prostitution 
 
 Public Lands 
 
 Quieting Title 
 Quo Warranto 
 
 Removal of Causes 
 
 Replevin 
 
 Reports 
 
 Rescue 
 
 Review 
 
 Rewards 
 
 Riot 
 
 Robbery 
 
 Sales 
 
 Salvage 
 
 Schools and School Districts 
 
 Scire Facias 
 
 Seals 
 
 Seamen 
 
 Searches and Seizures 
 
 Seduction 
 
 Sequestration 
 
 Sheriffs and Constables 
 
 Shipping 
 
 Signatures 
 
 Slaves 
 
 Sodomy 
 
 Specific Performance 
 
 Spendthrifts 
 
 States 
 
 Statutes 
 
 Steam 
 
 Stipulations 
 
 Street Railroads 
 
 Streets and Highways 
 
 Submission of Controversy 
 
 Subrogation 
 
 Subscriptions 
 
 Suicide 
 
 Summary Proceedings 
 
 Sunday 
 
 Supersedeas 
 
 Taxation 
 
 Telegraphs and Telephones 
 
 Tenancy in Common 
 
 Tender 
 
 Territories 
 
 Theaters and Shows 
 
 Theft Insurance 
 
 Threats 
 
 Railroads 
 
 Rape 
 
 Real Actions 
 
 Receivers 
 
 Receiving Stolen Goods 
 
 Recognizances 
 
 Records 
 
 Recoupment, Set-Off and Counterclaim Title Insurance 
 
 References Toll-Roads 
 
 Reformation of Instruments Torts 
 
 Reformatories Towage 
 
 Registers of Deeds Towns 
 
 Release Trade-Marks and Trade-Names 
 
 Religious Societies Trading Stamps 
 
Ch. 9) 
 
 Main or Topic Titles in " Cyc." 
 
 549 
 
 Treason 
 
 Treaties 
 
 Trespass 
 
 Trespass to Try Title 
 
 Trial 
 
 Trover and Conversion 
 
 Trusts 
 
 Undertakings 
 
 United States 
 
 United States Commissioners 
 
 United States Marshals 
 
 Unlawful Assembly 
 
 Use and Occupation 
 
 Usury 
 
 Vagrancy 
 
 Vendor and Purchaser 
 
 Venue 
 
 War 
 
 Warehousemen 
 
 Waste 
 
 Waters 
 
 Weapons 
 
 Weights and Measures 
 
 Wharves 
 
 Wills 
 
 Witnesses 
 
 Woods and Forests 
 
 Work and Labor 
 
CHAPTER 10. 
 
 LIST OF ABBREVIATIONS BY WHICH LAW REPORTS AND 
 IMPORTANT LEGAL PUBLICATIONS ARE CITED. 
 
 A. Alabama ; — American, see Am. ; — Anonymous ; 
 —Arkansas ;— Abbott (see Abb.); — Annuals (Louisi- 
 ana) ; — Atlantic Reporter. 
 
 A, a, B, B. "A" front, "B" back of a leaf. 
 
 A. B. Anonymous Reports at end of Benloe's Re- 
 ports, commonly called New Benloe. 
 
 A. B. R. American Bankruptcy Reports. 
 
 A'B. R. J. N. S. W. A'Beckett's Reserved (Equi- 
 ty) Judgments, New South Wales. 
 
 A'B. R. J. F. P. A'Beckett's Reserved Judgments, 
 Port Philip. 
 
 A. C. Appellate Court; — Case on Appeal;— Appeal 
 Cases, English, Chancery; Law Reports Appeal 
 Cases. 
 
 A. C. 
 
 [1891] A. C. English Appeal Cases; Law Re- 
 ports, 3d Series, 1891. 
 [1892] A. C. Same for 1892, etc. 
 
 A. G. C. American Corporation Cases (With- 
 row's). 
 
 A. C. R. American Criminal Reports. 
 
 A. D. American Decisions; — Anno Domini; in the 
 year of our Lord; — Appellate Division, New York 
 Supreme Court. 
 
 A. E. C. American Electrical Cases. 
 
 A. G. Attorney General. 
 
 A. G. Dec. Attorney General's Decisions. 
 
 A. G. Op. Attorney General's Opinions. 
 
 A. Ins. R. American Insolvency Reports. 
 
 A. K. Marsh. A. K. Marshall's Reports, Kentucky. 
 
 A. L. C. American Leading Cases. 
 
 A. L. J, Albany Law Journal. 
 
 A. Moo. A. Moore's Reports, in vol. 1 Bosanquet 
 & Puller. 
 
 A. M. d 0. Armstrong, Macartney & Ogle's Irish 
 Nisi Prius Reports. 
 
 A. N. C. Abbott's New Cases, New York;— Amer- 
 ican Negligence Cases. 
 
 A. N. R. American Negligence Reports, Current 
 Series. 
 
 A. P. B. or Ashurst MSS. L. I. L. Ashurst's Pa- 
 per-books ; the manuscript paper-books of Ashurst, 
 J., Buller, J., Lawrence, J., and Dampier, J., in 
 Lincoln's Inn Library. 
 
 A. R. American Reports; — Anno Regni; in the 
 year of the reign;— Atlantic Reporter;— Appeal Re- 
 ports, Ontario. 
 
 A. R. C. American Railway Cases. 
 
 A. R. R. American Railway Reports. 
 
 A. R. v. R. 22. Anno Regni Victorige Regina Vi- 
 cesimo Secundo. 
 
 A. Rep. American Reports;— Atlantic Reporter 
 (Commonly cited Atl. or A.). 
 
 A. S. Acts of Sederunt, Ordinances of the Court 
 of Session, Scotland. 
 
 A. S. R. American State Reports. 
 
 A. d A. Corp. Angell & Ames on Corporations. 
 
 A.dE. Adolphus & Ellis's English King's Bench 
 Reports; — Admiralty and Ecclesiastical. 
 
 A. d E. Corp. Ca. American and English Corpora- 
 tion Cases. 
 
 A. d E. Encyc. American and English Encyclo- 
 paedia of Law. 
 
 A. d E. N. S. Adolphus & Ellis's Reports, New 
 Series, English Queen's Bench, commonly cited 
 Q. B. 
 
 A. dE.R.R. C. American & English Railroad 
 Cases. 
 
 A. d F. Fixt. Amos & Ferrard on Fixtures. 
 
 A. d H. Arnold & Hodges's English Queen's 
 Bench Reports. 
 
 A. dN. Alcock & Napier's Irish King's Bench 
 Reports. 
 
 Ab. Abridgment. 
 
 Ab. Adm. Abbott's Admiralty Reports. 
 
 Ab. App. Dec. Abbott's New York Court of Ap- 
 peals Decisions. 
 
 Ab. Ct. App. Abbott's New York Court of Appeals 
 Decisions. 
 
 Ab. Eq. Cas. Equity Cases Abridged, English 
 Chancery. 
 
 Ab. N. Y. Ct. App. Abbott's New York Court of 
 Appeals Decisions. 
 
 Ab.N. Y.Dig. Abbott's New York Digest. 
 
 Ab. N. Y. Pr. Abbott's Practice Reports, New 
 York. 
 
 Ab. N. Y. Pr. N. S. Abbott's Practice Reports, 
 New Series, New York. 
 
 Ab. Nat. Dig. Abbott's National Digest. 
 
 Ab. New Cas. Abbott's New Cases, various New 
 New York courts. 
 
 Ab. PI. Abbott's Pleadings under the Code. 
 
 Ab. Pr. Abbott's Practice Reports, New York. 
 
 Ab. Pr. N. S. Abbott's Practice Reports, New Se- 
 ries, New York. 
 
 Ab. Sh. Abbott (Lord Tenterden) on Shipping. 
 
 Ab. U. S. Abbott's Reports, United States Circuit 
 Court. 
 
 Ab. U. S. Pr. Abbott's United States Courts Prac- 
 tice. 
 
 Abb. Abbott. See below. 
 
 Abb. Ad. or Abb. Adm. Abbott's Admiralty Re- 
 ports.- 
 
 Abb. App. Dec. Abbott's New York Court of Ap- 
 peals Decisions. 
 
 Abb. Beech. Tr. Abbott's Report of the Beecher 
 Trial. 
 
 Abb. C. C. Abbott's Reports, United States Circuit 
 Court. 
 
 Abb. Ct. App. Abbott's New York Court of Ap- 
 peals Decisions. 
 
 Abb. Dec. Abbott's New York Court of Appeals 
 Decisions. 
 
 Abb. Dig. Abbott's New York Digest. 
 
 Abb. Dig. Corp. Abbott's Digest Law of Corpora- 
 tions. 
 
 Abb. Mo. Ind. Abbott's Monthly Index. 
 
 Brief Mak.(3d Ed.) 
 
 (551) 
 
552 
 
 Appendix. 
 
 (PartVT 
 
 Ahb. N. C. Abbott's New Cases, New York. 
 
 Ahh. N. S. Abbott's Practice Reports, New Se- 
 ries, 
 
 Ahh. N. Y. App. Abbott's New York Court of Ap- 
 peals Decisions. 
 
 Abb. N. Y. Dig. Abbott's New York Digest. 
 
 Abb. Nat. Dig. Abbott's National Digest. 
 
 Abb. P?'. or Abb. p7-ac. Abbott's New York Prac- 
 tice Reports. 
 
 Abb. Pr. N. 8. Abbott's New York Practice Re- 
 ports, New Series. 
 
 Abb. Ship. Abbott (Lord Tenterden) on Shipping. 
 
 Abb. Tr. Ev. Abbott's Trial Evidence. 
 
 Abb. U. S. Abbott's United States Circuit Court 
 Reports. 
 
 Abb. Y. Bk. Abbott's Year Book of Jurisprudence. 
 
 Abbott. Abbott's Dictionary. 
 
 Abdy's E. C. P. Abdy's Roman Civil Procedure. 
 
 A'Beck. Judg. Vict. A'Beckett's Reserved Judg- 
 ments of Victoria. 
 
 Abr. Abridgment ; — Abridged. 
 
 Abr. Case. Crawford & Dix's Abridged Cases, 
 Ireland. 
 
 Abr. Case. Eq. Equity Cases Abridged (English). 
 
 Abr. Cas. Eq. or Abr. Eq. Cas. Equity Cases Abridg- 
 ed, English. Chancery. 
 
 Abs. Absolute. 
 
 AcG. Accord or Agrees. 
 
 Act. Acton's Reports, Prize Causes, English Privy 
 Council. 
 
 Act. Can. Monro's Acta Cancellarige. 
 
 Act. Pr. C. Acton's Reports, Prize Causes, Eng- 
 lish Privy Council. 
 
 Act. Reg. Acta Regia. 
 
 Ad. Cas. Sales. Adams's Cases on the Law of 
 Sales. 
 
 Ad. Con. Addison on Contracts. 
 
 Ad. E. Adams on Ejectment. 
 
 Ad. Eq. Adams's Equity. 
 
 Ad fin. Ad flnem, at or near the end. 
 
 Ad. Jus. Adam's Justiciary Reports (Scotch). 
 
 Ad. Rom. Ant. Adams's Roman Antiquities. 
 
 Ad. Torts. Addison on Torts. 
 
 Ad. d E. or Ad. d Ell. Adolphus & Ellis's English 
 King's Bench Reports. 
 
 Ad. d Ell. N. S. Adolphus & Ellis's Reports, New 
 Series;— English Queen's Bench (commonly cited 
 Q.B.). 
 
 Adams. Adams's Reports, vols. 41, 42 Maine;— Ad- 
 ams's Reports, vol. 1 New Hampshire. 
 
 Adams, Eq. Adams's Equity. 
 
 Adams, Rom. Ant. Adams, Roman Antiquities. 
 
 Add. Addison's Reports, Pennsylvania; — Addams's 
 English Ecclesiastical Reports. 
 
 Add. Abr. Addington's Abridgment of the Penal 
 Statutes. 
 
 Add. Con. Addison on Contracts. 
 
 Add. Eccl. Addams's Ecclesiastical Reports, Eng- 
 lish. 
 
 Add. Pa. Addison's Reports, Pennsylvania. 
 
 Add. Torts. Addison on Torts. 
 
 Addam.s. Addams's Ecclesiastical Reports, Eng- 
 lish. 
 
 Addis. Addison's Pennsylvania Reports. 
 
 Adj. Adjudged, Adjourned. 
 
 Adjournal, Books of. The Records of the Court of 
 Justiciary, Scotland. 
 
 Adm. Admiralty. 
 
 Adm. <& Ecc. Admiralty and Ecclesiastical;— Eng- 
 lish Law Reports, Admiralty and Ecclesiastical. 
 
 Admr. Administrator. 
 
 Admx. Administratrix. 
 
 Adol. & El. Adolphus & Ellis's Reports, English 
 King's Bench. 
 
 Adol. d El. (N. S.}. Adolphus & Ellis's Reports, 
 New Series, English Queen's Bench, commonly cited 
 Q. B. 
 
 Adolph. d E. Adolphus & Ellis's Reports, English 
 King's Bench. 
 
 Adolph. & E. N. S. Adolphus & Ellis's Reports, 
 New Series, English Queen's Bench, commonly cit- 
 ed Q. B. 
 
 Ads. Ad sectam, at suit of. 
 
 Adv. Advocate. 
 
 Adye C. M. Adye on Courts-Martial, 
 
 Aelf. C. Canons of Aelfric. 
 
 Agti. Pat. Agnew on Patents. 
 
 Agn. St. of Fr. Agnew on the Statute of Frauds. 
 
 Agra H. C. Agra High Court Reports, India. 
 
 Ailc. Aikens-'s Vermont Reports. 
 
 Aikens (Vt.J. Aikens's Reports, Vermont. 
 
 Ainsw. or Ainsivorth. Ainsworth's Lexicon. 
 
 Al. Aleyn's Select Cases, English King's Bench; 
 — Alabama ; — Allen. 
 
 Al. Tel. Cas. Allen's Telegraph Cases, American 
 and English. 
 
 Al. d Nap. Alcock & Napier's Reports, Irish 
 King's Bench and Exchequer, 
 
 Ala. Alabama;— Alabama Reports. 
 
 Ala. N. S. Alabama Reports, New Series. 
 
 Ala. Set. Cas. Alabama Select Cases, by Shep- 
 herd, see Alabama Reports, vols. 37, 38 and 39. 
 
 Ala. St. Bfxr Assn. Alabama State Bar Associa- 
 tion. 
 
 Alaska Co. Alaska Codes, Carter.. 
 
 Alb. Arb. Albert Arbitration, Lord Cairns's De- 
 cisions. 
 
 Alb. L. J. or Alb. Law Jour. Albany Law Journal. 
 
 Ale. or Ale. Reg. or Ale. Reg. Cas. Alcock's Irish 
 Registry Cases. 
 
 Ale. d N. Alcock & Napier's Reports, Irish King's 
 Bench and Exchequer. 
 
 Aid. Alden's Condensed Reports, Pennsylvania. 
 
 Aid. Hist. Aldridge's History of the Courts of 
 Law. 
 
 Aid. Ind. Alden's Index of U. S. Reports. 
 
 Aid. d Van Hoes. Dig. Alden & Van Hoesen's Di- 
 gest, Laws of Mississippi. 
 
 Aldr. Cas. Cont. Aldred's Cases on Contracts. 
 
 Alex. Cas. Report of "Alexandra" case, by Dud- 
 ley. 
 
 Alex. Ch. Pr. Alexander's Chancery Practice. 
 
 Alexander. Alexander's Reports, vols. 66-72 Mis- 
 sissippi. 
 
 Aleyn. Aleyn's Select Cases, English King's 
 Bench. 
 
 Alls. Prin. Scotch Law. Alison's Principles of the 
 Criminal Law of Scotland. 
 
 All. Allen's Massachusetts Reports. 
 
 All. N. B. Allen's New Brunswick Reports. 
 
 All. Ser. Allahabad Series, Indian Law Reports. 
 
 All. Sher. Allen on Sheriffs. 
 
 All. Tel. Cas. Allen's Telegraph Cases. 
 
 All. d Mor. Tr. Allen & Morris's Trial. 
 
 Allen. Allen's Massachusetts Reports;— Allen's 
 Reports, New Brunswick;— Allen's Reports, Wash- 
 ington. 
 
 Allen (N. B.). Allen's Reports, New Brunswick 
 Supreme Court. 
 
 Allen Tel. Cas. Allen's Telegraph Cases. 
 
 Alleyne L. D. of Mar. AUeyne's Legal Degrees of 
 Marriage Considered. 
 
 Allin. AlUnson, Pennsylvania Superior and Dis- 
 trict Court. 
 
 Alison Prac. Alison's Practice of the Criminal 
 Law of Scotland. 
 
 Alison Princ. Alison's Principles of ditto. 
 
 Alln. Part. Allnat on Partition. 
 
 Am. America, American, or Americana. 
 
 Am. Bank. R. or Am. B'kc'y Rep. American Bank- 
 ruptcy Reports. 
 
 Am. Bar Asso. American Bar Association. 
 
 Am. C. L. J. American Civil Law Journal, New 
 York. 
 
 Am. Cent. Dig. American Digest (Century Edi- 
 tion). 
 
 Avi. Ch. Dig. American Chancery Digest. 
 
 Am. Corp. Cas. Withrow's American Corporation 
 Cases. 
 
 Am. Cr. Rep. American Criminal Reports. 
 
 Am. Crim. Rep. American Criminal Reports, by 
 Hawley. 
 
 Am. Cr. Tr. American Criminal Trials. Chand- 
 ler's. 
 
 Atn. Dec. American Decisions. 
 
 Am. Dig. American Digest. 
 
 Am. Dig. Cent. Ed. American Digest (Century 
 Edition). 
 
 Am. Dig. Dec. Ed. or Am. Dig. Decen. Ed. Ameri- 
 can Digest (Decennial Edition). 
 
ch. 10); 
 
 Table of Abbreviations. 
 
 553 
 
 Am. El, Ca. or Am. Elec. Ca. American Electrical 
 Cases. 
 
 Am. Ins. Bep. American Insolvency Reports. 
 
 Am. Insolv. Rep. American Insolvency Reports. 
 
 Am. Jour. Pol. American Journal of Politics. 
 
 Am. Jour. Soc. American Journal of Sociology. 
 
 Am. Jur. American Jurist, Boston. 
 
 Am. L. C. R. P. Sliarswood and Budd's Leading 
 Cases on Real Property. 
 
 Am. L. Cas. American Leading Cases (Hare & 
 Wallace's). 
 
 Ath. L. Elect. American Law of Elections. 
 
 Am. L.J. American Law Journal (Hall's), Phila- 
 delphia. 
 
 Am. L.J. (0.). American Law Journal, Ohio. 
 
 Am,. L, J. N. 8. American Law Journal, New Se- 
 ries, Philadelphia. 
 
 Am. L. M. American Law Magazine, Philadelphia. 
 
 Am. L. R. American Law Register, Philadelphia. 
 
 Am. L. Rec. American Law Record, Cincinnati. 
 
 Am. L. Reg. d Rev. American Law Register and 
 Review, Philadelphia. 
 
 Am. L. Rep. American Law Reporter, Davenport, 
 Iowa. 
 
 Am. L. Rev. American Law Review, St. Louis. 
 
 A7n. L. T. American Law Times, Washington, 
 D. C. 
 
 Am. L. T. Bank. American Law Times Bankrupt- 
 cy Reports. 
 
 Am.. L. T. R. American Law Times Reports. 
 
 Am. L. T. R. N. 8, American Law Times Reports, 
 New Series. 
 
 Am. Law Jour. American Law Journal (Hall's) 
 Philadelphia. 
 
 Am. Laio Jour. N. 8. American Law Journal, New 
 Series, Philadelphia. 
 
 Am,. Law Mag. American Law Magazine, Phila- 
 delphia. 
 
 Am. Law Rec. American Law Record, Cincinnati. 
 
 Am. Law Reg. American Law Register, Phila- 
 delphia. 
 
 Am. Law Rep. American Law Reporter, Daven- 
 port, Iowa. 
 
 Am,. Law Rev. American Law Review, St. Louis. 
 
 Am. Law Tim.es. American Law Times, Washing- 
 ton, D. C. 
 
 Am,. Lawy. American Lawyer, New York City. 
 
 Am,. Lead. Cas. Hare & Wallace's American 
 Leading Cases. 
 
 Am. Neg. Ca. or Am,. Neg. Cas. American Negli- 
 gence Cases. 
 
 Am. Neg. Bep. American Negligence Reports. 
 
 Atn. PI. Ass. American Pleader's Assistant. 
 
 Am. Pr. Bep. American Practice Reports, Wash- 
 ington, D. C. 
 
 Am.. Prob. or Am.. Prob. Bep. American Probate 
 Reports. 
 
 Am.. R. American Reports. 
 
 Am. B. B. Cas. American Railway Cases (Smith 
 & Bates'). 
 
 Am. B. B. Bep. American Railway Reports, New 
 York. 
 
 Am,. B. B. d C. Bep. American Railroad and Cor- 
 poration Reports. 
 
 Am. Bail. Cas. Smith and Bates's American Rail- 
 way Cases. 
 
 Afn. Bail. B. American Railway Reports. 
 
 Am. Bep. American Reports (Selected Cases), 
 
 Am. By. Ca. American Railway Cases. 
 
 A7n. Ry. Bep. American Railway Reports. 
 
 Am.. St. P. American State Papers. 
 
 Am. St. Rep. American State Reports. 
 
 Am. St. Ry. Dec. American Street Railway Deci- 
 sions. 
 
 Am. Them. American Themis, New York. 
 
 Am. Tr. M. Cas. Cox's American Trade Mark 
 Cases. 
 
 Am. d Eng. Corp. Cas. American and English Cor- 
 poration Cases. 
 
 Am. & Eng. Bee. in Eq. American and English 
 Decisions in Equity. 
 
 Am. & Eng. Encyc. Law. American and English 
 Encyclopsedia of Law. 
 
 Am. d Eng. Pat. Ca. American and English Pat- 
 ent Cases. 
 
 Am. d Eng. Pat. Cas. American and English Pat- 
 ent Cases. 
 
 Am. d Eng. B. Cas. American and English Rail- 
 road Cases. 
 
 Am. d Eng. R. B. Ca. American and English Rail- 
 road Cases. 
 
 Am. d Eng. By. Ca. American and English Rail- 
 way Cases. 
 
 A7nh. or Ambl. Ambler's English Chancery Re- 
 ports. 
 
 Amer. American; — Amerman, vols. 111-115 Penn- 
 sylvania. 
 
 Amer. Jur. American Jurist. 
 
 Amer. Law. American Lawyer, New York. 
 
 Amer. Laio Reg. (N. S.). American Law Regis- 
 ter, New Series. 
 
 Amer. Laio Beg. (O. 8.). American Law Register, 
 Old Series. 
 
 Atner. Laio Rev. American Law Review. 
 
 Amer. d Eng. Enc. Law. American & English En- 
 cyclopeedia of Law. 
 
 Ames. Ames's Reports, vol. 4-7 Rhode Island; — 
 Ames's Reports, vol. 1 Minnesota. 
 
 Ames Cas. B. d N. Ames's Cases on Bills and 
 Notes. 
 
 Ames Cas. Par. Ames's Cases on Partnership. 
 
 Ames Cas. Part. Ames's Cases on Partnership. 
 
 Ames Cas. PI. Ames's Cases on Pleading. 
 
 Ames Cas. Sur. Ames's Cases on Suretyship. 
 
 Ames Cas. T7-usts. Ames's Cases on Trusts. 
 
 Ames, K. & B. Ames, Knowles &. Bradley'6 Re- 
 ports, vol. 8 Rhode Island. 
 
 Atnes d Sm. Cas. Torts. Ames & Smith's Cases on 
 Torts. 
 
 Ajnos Jur. Amos's Science of Jurisprudence. 
 
 A7nos d P. or Amos d F. Fixt. Amos and Ferrard 
 on Fixtures. 
 
 An. Anonymous. 
 
 And. Anderson's Reports, English Common Pleas 
 and Court of Wards;— Andrews's Reports, vols. 63-72 
 Connecticut; — Andrews's English King's Bench Re- 
 ports. 
 
 A7id. Ch. Ward. Anderson on Church Wardens. 
 
 And. Com. Anderson's History of Commerce. 
 
 Anders, or Anderson. Anderson's Reports, English 
 Common Pleas and Court of Wards. 
 
 Andr. Andrews's Reports, English King's Bench. 
 See also And. 
 
 Andr. Pr. Andrews's Precedents of Leases. 
 
 Ang. Angell's Reports, Rhode Island Reports. 
 
 Ang. Adv. E7ij. Angell on Adverse Enjoyment. 
 
 Ang. Ass. Angell on Assignments. 
 
 Ang. B. T. Angell on Bank Tax. 
 
 Ang. Carr. Angell on Carriers. 
 
 Ang. Corp. Angell and Ames on Corporations. 
 
 Ang. High. Angell on Plighways. 
 
 Ang. Ins. Angell on Insurance, 
 
 A7ig. Lim. Angell on Limitations. 
 
 Ang. Tide Wat. or Ang. Tide Waters. Angell on 
 Tide Waters. 
 
 Ang. Water C. ox Ang. Water Courses. Angell on 
 Water Courses. 
 
 Ang. d A. Corp. Angell and Ames on Corporations. 
 
 Ang. & D. High. Angell and Durfee on Highways. 
 
 Ang. & Dur. (R. I.) Angell & Durfee's Rhode Is- 
 land Reports, vol. 1. 
 
 Ann. Queen Ann; as 1 Ann. c. 7. 
 
 A7in. C. Annals of Congress. 
 
 A7in. Cas. American &. English Annotated Cases; 
 —New York Annotated Cases. 
 
 Ann. de la Pro. Annales de la Propriety Industri- 
 elle. 
 
 Ann. de Leg. Annuaire de Legislation Bstrangere, 
 Paris. 
 
 Aim. Jud. Annuaire Judiciaire, Paris. 
 
 Ann. Reg. Annual Register, London. 
 
 Ann. Reg. N. S. Annual Register, New Series, 
 London. 
 
 Ann. St. Annotated Statutes. 
 
 Annaly. Annaly's Edition of Hardwicke's Reports, 
 English. Sometimes cited Cas. temp. Hardw., Lee's 
 Cas. temp. Hard., or Rep. te7np. Hard. 
 
 Anne. Queen Anne (thus "1 Anne," denotes the 
 first year of the reign of Queen Anne), 
 
 Annes. Ins. Annesly on Insurance. 
 
554 
 
 Appendix. 
 
 (Part VI 
 
 Anon. Anonymous. 
 
 Ans. Contr. or Anson, Cont. Anson on Contracts. 
 
 Anst. OT Anstr. Anstrutlier's Reports, Englisti Ex- 
 chequer, 
 
 Anth. Anthon's New York Nisi Prlus Reports;— 
 Anthony's Illinois Digest. 
 
 Anth. Abr. Anthon's Abridgment of Blackstone's 
 Commentaries. 
 
 Aiith. III. Dig. Anthony's Illinois Digest. 
 
 Anth. L. S. Anthon's Law Student. 
 
 Anth. N. P. Anthon's New York Nisi Prius Re- 
 ports. 
 
 Anth. Free. Anthon's Precedents. 
 
 Anth. Shep, Anthon's edition of Sheppard'a 
 Touchstone. 
 
 Ap. Justin. Apud Justinianum, or Justinian's In- 
 stitutes. 
 
 App. Appeal; — Apposition; — Appendix; — Ap- 
 pleton's Reports, vols. 19, 20 Maine. 
 
 App. Cas. Appeal Cases, English Law Reports; — 
 Appeal Cases, United States; — Appeal Cases of the 
 different States; — Appeal Cases, District of Colum- 
 bia. 
 
 11891'] App. Cas. Law Reports, Appeal Cases, 
 from 1891 onward. 
 
 App. Cas. (D. C). Appeal Cases, District of Co- 
 lumbia. 
 
 App. Cas. Beng. Sevestre and Marshall's Bengal 
 Reports, India. 
 
 App. Cas. Rep. Bradwell's Illinois Appeal Court 
 Reports. 
 
 App. Ct. Rep. Bradwell's Illinois Appeal Court 
 Reports. 
 
 App. D. C. Appeal Cases, District of Columbia. 
 
 App. Div. Appellate Division, New York. 
 
 App. Ev. Appleton on Evidence. 
 
 App. Jur. Act 1816. Appellate Jurisdiction Act, 
 1876, 39 & 40 Vict. c. 59. 
 
 App. N. Z. Appeal Reports, New Zealand. 
 
 App. Rep. Ont. Appeal Reports, Ontario. 
 
 Appe. Bre. Appendix to Breese's Reports. 
 
 Appleton. Appleton's Reports, vols. 19, 20 Maine. 
 
 Appx. Appendix. 
 
 Ar. Arr6t6. 
 
 Ar. Rep. Argus Reports, Victoria. 
 
 Arabin. Decisions of Seargeaut Arabin. 
 
 Arbuth. Arhuthnot's Select Criminal Cases, Ma- 
 dras. 
 
 Arch. Court of Arches, England. 
 
 Arch. P. L. Cas. Archbold's Abridgment of Poor 
 Law Cases. 
 
 Arch. Sum. Archbold's Summary of Laws of Eng- 
 land. 
 
 Archb. B. L. Archbold's Bankrupt Law. 
 
 Archb. C. P. Archbold's Civil Pleading. 
 
 Archb. Civil PI. Archbold's Civil Pleading. 
 
 Archb. Cr, L. Archbold's Criminal Law. 
 
 Archb. Cr. P. Archbold's Criminal Pleading. 
 
 Archb. Cr. P. by Pom. Archbold's Criminal Plead- 
 ing, by Pomeroy. 
 
 Archb. Crim. PI. Archbold's Criminal Pleading. 
 
 Archb. F. Archbold's Forms. 
 
 Archb. F. I. Archbold's Forms of Indictment. 
 
 Archb. J. P. Archbold's Justice of the Peace. 
 
 Archb. L. & T. Archbold's Landlord and Tenant. 
 
 Archb. Landl. d Ten. Archbold's Landlord and 
 Tenant. 
 
 Archb. N. P. Archbold's Nisi Prius Law. 
 
 Archb. New Pr. or Archb. N. Prac. Archbold's 
 New Practice. 
 
 Archb. Pr. Archbold's Practice. 
 
 Archb. Pr. by Gh. Archbold's Practice, by Chitty. 
 
 Archb. Pr. C. P. Archbold's Practice, Common 
 Pleas. 
 
 Archb. Pr. K. B. Archbold's Practice, King's 
 Bench. 
 
 Archb. Sum. Artihbold's Summary of the Laws 
 of England. 
 
 Archer. Archer's Reports, Florida Reports, vol. 2. 
 
 Arg. Arguendo, in arguing, in the course of rea- 
 soning. 
 
 Arg. Ft. Merc. Law. Argles (Napoleon), Treatise 
 upon French Mercantile Law, etc. 
 
 Arg. Inst. Institution au Droit Frangais, par M. 
 Argou, 
 
 Arg. Rep. Reports printed in Melbourne Argus, 
 Australia. 
 
 Ariz. Arizona; — Arizona Reports. 
 
 Ariz. Arkansas ; — Arkansas Reports ; — Arkley 'a 
 Justiciary Reports, Scotland. 
 
 Arh. L. J. Arkansas Law Journal, Fort Smith. 
 
 Ark. Rev. Sts. Arkansas Revised Statutes. 
 
 Arkl. or Arkley. Arkley's Justiciary Reports, 
 Scotland. 
 
 Arms, Br. P. Cas. Armstrong's Breach of Privi- 
 lege Cases, New York. 
 
 Arms. Con. Elec. Armstrong's New York Contest- 
 ed Elections. 
 
 Arms. Elect. Cas. Armstrong's Cases of Contested 
 Elections, New York. 
 
 Arms. M. & 0. or Arms. Mac. & Og. Armstrong, Ma- 
 cartney & Ogle's Irish Nisi Prius Reports. 
 
 Arms. Tr. Armstrong's Limerick Trials, Ireland. 
 
 Am. Arnold's English Common Pleas Reports; — 
 Arnot's Criminal Trials, Scotland. 
 
 Am. El. Cas. Arnold's Election Cases, English. 
 
 Am. Ins. Arnould on Marine Insurance. 
 
 Am. d H. or Am. d Hod. Arnold & Hodges's Eng- 
 lish Queen's Bench Reports. 
 
 A7-n. & H. B. C. Arnold and Hodges's English Bail 
 Court Reports. 
 
 Am. d Hod. B. C. Arnold & Hodges's English Bail 
 Court Reports. 
 
 Am. d Hod. Pr. Cas. Arnold & Hodges's Practice 
 Cases, English. 
 
 Arnold. Arnold's Common Pleas Reports, Eng- 
 lish. 
 
 Arnot. Arnot's Criminal Cases, Scotland. 
 
 Arnot Cr. C. Arnot's Criminal Cases, Scotland. 
 
 Art. Article. 
 
 Artie. Cleri. Articles of the clergy. 
 
 Articuli sup. Chart. Articles upon the charters. 
 
 Ashe. Ashe's Tables to the Year Books (or to 
 Coke's Reports; — or to Dyer's Reports). 
 
 Ashl. Cas. Cont. Ashley's Cases on Contracts. 
 
 Ashm. Ashmead's Pennsylvania Reports. 
 
 Ashton. Ashton's Reports, vols. 9-12 Opinions of 
 the United States Attorneys General. 
 
 Ashurst MS. Ashurst's Paper Books, Lincoln's 
 Inn Library; — Ashurst's Manuscript Reports, print- 
 ed in vol. 2 Chitty. 
 
 Aso d Man. Inst. Aso and Manuel's Institutes of 
 the Laws of Spain. 
 
 Asp. Aspinall, English Admiralty. 
 
 Asp. Cas. or Asp. Rep. English Maritime Law 
 Cases, new series by Aspinall. 
 
 Asp. M. C. Aspinall's Maritime Gases. 
 
 Asp. Mar. L. Cas. Aspinall's Maritime Law Cases. . 
 
 Ass. Book of Assizes; — Liber Assissarium, Part 5 
 of the Year Books. 
 
 Ass. de Jerus or Ass. Jerus. Assizes of Jerusalem. 
 
 Ast. Ent. Aston's Entries. 
 
 Atch. Atcheson's Reports, Navigation and Trade, 
 English. 
 
 Ath. Mar. Set. or Ath. Mar. Sett. Atherly on Mar- 
 riage Settlements. 
 
 Atk. Atkyn's English Chancery Reports. 
 
 Atk. Ch. Pr. Atkinson's Chancery Practice. 
 
 Atk. Con. Atkinson on Conveyancing. 
 
 Atk. P. T. Atkyn's Parliamentary Tracts. 
 
 Atk. Sher. Atkinson on Sheriffs. 
 
 Atk. Tit. or Atk. M. T. Atkinson on Marketable 
 Titles. 
 
 Atl. Atlantic Reporter. 
 
 Atl. Mo. Atlantic Monthly. 
 
 Atl. R. or Atl. Rep. Atlantic Reporter. 
 
 Ats. At suit of. 
 
 Atty. Attorney. 
 
 Atty. Gen. Attorney-General. 
 
 Atty. Gen. Op. Attorney-Generals' Opinions, Unit- 
 ed States. 
 
 Atty. Gen. Op. N. Y. Attorney-Generals' Opinions, 
 New York. 
 
 Atw. ov Atwater. Atwater's Reports, vol. 1 Min- 
 nesota. 
 
 Auch. Auchinleck's Manuscript Cases, Scotch 
 Court of Session. 
 
 Auct. Reg. d L. Chron. Auction Register and Law 
 Chronicle. 
 
 Aul. Gel. Nodes AtticcB. Aulus Gellius, Noctes At- 
 ticae. 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 555 
 
 Aus. Jur. Australian Jurist, Melbourne. 
 
 Aust. Austin's Englisli County Court Cases; — 
 Australia. 
 
 Aust. Jur. or Aust. Juris. Austin's Province of 
 Jurisprudence. 
 
 Aust. Jur. Ahr. Austin's Lectures on Jurispru- 
 dence, abridged. 
 
 Aust. L. T. Australian Law Times. 
 
 Austin (Ceylon). Austin's Ceylon Reports. 
 
 Austin C. C. or Austin C. C. R. Austin's English 
 County Court Reports. 
 
 Austr. Jur. Australian Jurist, Melbourne. 
 
 Austr. L. T. Australian Law Times, Melbourne. 
 
 Auth. Auth.entica, in the authentic; that is, the 
 Summary of some of the Novels in the Civil Law 
 inserted in the Code under such a title. 
 
 Av. & H. B. Law. Avery and Hobb's Bankrupt 
 Law of the United States. 
 
 AycJc. Ch. F. Ayckbourn's Chancery Forms. 
 
 Ayck. Ch. Pr. Ayckbourn's Chancery Practice. 
 
 Ayl. Pan. See AylifCe. 
 
 Ayl. Pand. See Ayliffe. 
 
 Ayl. Par. See Ayliffe. 
 
 Ayliffe. Ayliffe's Pandects; — Ayliffe's Parergon 
 Juris Canonici Angelicani. 
 
 Ayliffe Parerg. See Ayliffe. 
 
 Azuni Mar. Law. Azuni on Maritime Law. 
 
 B. Bancus; the Common Bench; the back of a 
 leaf; Book. 
 
 B.B. Bail Bond; Bayley on Bills. 
 
 B. Bar. Bench and Bar, Chicago. 
 
 B. G. Bail Court; — Bankruptcy Cases; — Bell's 
 Commentaries on the Laws of Scotland. 
 
 B.C.C. Bail Court Reports (Saunders & Cole);— 
 Bail Court Cases (Lowndes & Maxwell); — Brown's 
 Chancery Cases. 
 
 B. Ch. Barbour's Chancery Reports, New Tort. 
 
 B. C. R. or B. C. Rep. Saunders & Cole's Bail 
 Court Reports, English; — British Columbia Reports. 
 
 B. D. t£ O. Blackham, Dundas & Osborne's Nisi 
 Prius Reports, Ireland. 
 
 B. Ecc. Law. Burns's Ecclesiastical Law. 
 
 B. Just. Burns's Justice. 
 
 B. L. R. Bengal Law Reports. 
 
 B. L. T. Baltimore Law Transcript. 
 
 B. M. Burrow's Reports tempore Mansfield; — Ben 
 Monroe's Reports, Kentucky;— Moore's Reports, Eng- 
 lish. 
 
 B. Mon. Ben Monroe's Reports, Kentucky. 
 
 B. Moore. Moore's Reports, English. 
 
 B. N. C. Bingham's New Cases, English Common 
 Pleas; — Brooke's New Cases, English King's Bench: 
 — Busbee's North Carolina Law Reports. 
 
 B. N. P. BuUer's Nisi Prius. 
 
 B. P. B. Buller's Paper Book, Lincoln's Inn Li- 
 brary. See A. P. B. 
 
 B. P. C. Brown's Parliamentary Cases. 
 
 B. P. L. Cas. Bott's Poor Law Cases. 
 
 B. P. N. R. Bosanquet & Puller's New Reports, 
 English Common Pleas. 
 
 B. P. R. Brown's Parliamentary Reports. 
 
 B. R. American Law Times Bankruptcy Reports; 
 — Bancus Regis; the King's Bench ;—BankBuptcy 
 Reports;— Bankruptcy Register, New York;— Na- 
 tional Bankruptcy Register Reports. 
 
 B. R. Act. Booth's Real Action. 
 
 B. Reg. Bankruptcy Register, New York. 
 
 B. R. H. Cases in King's Bench, temp. Hard- 
 wicke. 
 
 B. 8. Upper Bench. 
 
 B. Tr. Bishop's Trial. 
 
 B. d A. Barnewall & Adolphus's English King's 
 Bench Reports; — Barnewall & Alderson's English 
 King's Bench Reports; — Baron & Arnold's Engliph 
 Election Cases; — Baron & Austin's English Election 
 Cases; — Banning & Arden's Patent Cases. 
 
 B. (& Ad. or Add. Barnewall & Adolphus's English 
 King's Bench Reports. 
 
 B. & Aid. Barnewall & Alderson's English King's 
 Bench Reports. 
 
 B. & Arn. Barron & Arnold's Election Cases. 
 
 B. & Aust. Barron and Austin's Election Cases, 
 English. 
 
 B. d B. Broderip & Bingham's English Common 
 Pleas Reports;— Ball & Beatty's Irish Chancery Re- 
 
 ports; — Bowler & Bowers, vols. 2, 3 United ^States 
 Comptroller's Decisions. 
 
 B. d Bar. The Bench and Bar, Chicago. 
 
 B. & C. Barnewall & Cresswell's English King's 
 Bench Reports. 
 
 B. d D. Benloe & Dalison, English. 
 
 B. d F. Broderip & Fremantle's English Ecclesi- 
 astical Reports. 
 
 B. d H. Blatchford & Rowland's United States 
 District Court Reports. 
 
 B. d H, Dig. Bennett & Heard's Massachusetts 
 Digest. 
 
 B. d H. Lead. Gas. Bennett & Heard's Leading 
 Cases on Criminal Law. 
 
 B. d I. Bankruptcy and Insolvency Cases. 
 
 B. d L. Browning & Lushington's Reports, Eng- 
 lish Admiralty. 
 
 B. d L. Free. Bullen & Leake's Precedents of 
 Pleading. 
 
 B. d M. or B. d Macn. Browne & Macnamara's Re- 
 ports, English. 
 
 B. d P. Bosanquet & Puller's English Common 
 Pleas Reports. 
 
 B. d P. N. R. Bosanquet & Puller's New Reports, 
 English. 
 
 B. d S. Best & Smith's English Queen's Bench 
 Reports. 
 
 B. d V. Beling & Vanderstraaten's Reports, Cey- 
 lon. 
 
 Ba. d Be. Ball & Beatty's Irish Chancery Reports. 
 
 Bab. Auc. Babington on Auctions. 
 
 Bal). Set-off. Babington on Set-off. 
 
 Bac. ATyr. Bacon's Abridgment. 
 
 Bac. Aph. or Bac. Aphorisms. Bacon's (Sir Fran- 
 cis) Aphorisms. 
 
 Bac. Comp. Ard. Bacon's Complete Arbitration. 
 
 Bac. Dig. Bacon's Georgia Digest. 
 
 Bac. El. Bacon's Elements of the Common Law. 
 
 Bac. Gov. Bacon on Government. 
 
 Bac. Ir. Bacon (Sir Francis), Law Tracts. 
 
 Bac. Law Tr. Bacon's Law Tracts. 
 
 Bac. Lease. Bacon on Leases and Terms of Years. 
 
 Bac. Lib. Reg. Bacon's Liher Regis, vel Thesau- 
 rus ReruTn Ecclesiasticarum. 
 
 Bac. M. or Bac. Max. Bacon's Maxims. 
 
 Bac. Read. Uses. Bacon (Sir Francis), Reading 
 upon the Statute of Uses. 
 
 Bac. St. Uses or Bac. U. Bacon (Sir Francis). 
 Reading upon the Statute of Uses. 
 
 Bac. Works. Bacon's (Sir Francis), Works. 
 
 Bach. Bach's Reports, vols. 19-21 Montana. 
 
 Bach. Man. Bache's Manual of a Pennsylvania 
 Justice of the Peace. 
 
 Bacon. Bacon's Abridgment;— Bacon's Aphorisms; 
 —Bacon's Complete Arbitrator;— Bacon's Elements 
 of the Common Law;— Bacon on Government;— Ba- 
 con's Law Tracts;— Bacon on Leases and Terms of 
 Years;— Bacon's Maxims ;— Bacon on Uses. 
 
 Bag. G. Pr. Bagley's Chamber Practice. 
 
 Bage. Const. Bagehot on the English Constitu- 
 tion. 
 
 Bagl. Bagley's Reports, vols. 16-19 California. 
 
 Bagl. d H. Bagley & Harmen's Reports, Cali- 
 fornia. 
 
 Bail. Bailey's Law Reports, South Carolina. 
 
 Bail Ct. Cas. Lowndes & Maxwell's English Bail 
 Court Cases. 
 
 Bail Gt. Rep. Saunders & Cole's English Bail 
 Court Reports;— Lowndes & Maxwell's English Bail 
 Court Cases. 
 
 Bail. Dig. Bailey's North Carolina Digest. 
 
 Bail. Eq. Bailey's Equity Reports, South Caro- 
 lina. 
 
 Bailey. Bailey's Law Reports, South Carolina. 
 
 Bailey Ch. or Bailey Eq. Bailey's Equity Reports, 
 South Carolina. 
 
 Baill. Dig. Baillie's Digest of Mohammedan Law. 
 
 Bain. M. d M. or Bainb. Mines. Bainbridge on 
 Mines and Minerals. 
 
 Bak. Bur. Baker's Law Relating to. Burials. 
 
 Bak. Corp. Baker on Corporations. 
 
 Bakerj Quar. Baker's Law of Quarantine. 
 
 Bald. Baldwin's United States Circuit Court Re- 
 ports ;— Baldus (Commentator on the Code) ;— Bald- 
 asseroni (on Maritime Law). 
 
556 
 
 Appendix. 
 
 (Part VI 
 
 Bald. App. 11 Pet. Baldwin's Appendix to 11 Pe- 
 ters. 
 
 Bald. C. C, Baldwin's United States Circuit Court 
 Reports. 
 
 Bald. Con. or Bald. C. V. Baldwin on the Consti- 
 tution. 
 
 Baldw. Dig. Baldwin's Connecticut Digest. 
 
 Balf. Balfour's Practice of the Law of Scotland. 
 
 Ball Gas. Tort. Rail's Cases on Torts. 
 
 Ball. Lim. Ballantine on Limitations. 
 
 Ball & B. Ball & Beatty's Reports, Irish Chan- 
 cery. 
 
 Bait. L. Tr. Baltimore Law Transcript. 
 
 Banc. Sup. Bancus Superior, or Upper Bench. 
 
 Bank, and Ins. R. Bankruptcy and Insolvency Re- 
 ports, English. 
 
 Bank. Ct. Rep. Bankrupt Court Reports, New 
 York;— The American Law Times Bankruptcy Re- 
 ports are sometimes thus cited. 
 
 Bank. I. or Bank Inst. Bankter's Institutes of 
 Scottish Law. 
 
 Bank, Reg. National Bankruptcy Register, New 
 York. 
 
 Bank. Rep. American Law Times Bankruptcy Re- 
 ports. 
 
 Bank, d Ins. or Bank. & Ins. R. Bankruptcy and 
 Insolvency Reports, English. 
 
 Banker's Law J. Banker's Law Journal. 
 
 Banker's Mag. Banker's Magazine, New York. 
 
 Banker's Mag. (Lon.). Banker's Magazine, Lon- 
 don. 
 
 Banks. Banks' Reports, vols. 1-5 Kansas. 
 
 Bann. Bannister's Reports, English Common 
 Pleas. 
 
 Bann. Br. Bannister's edition of O. Bridgman's 
 English Common Pleas Reports. 
 
 Bann. Lim. Banning on Limitation of Action. 
 
 Bann. d A. or Bann. & A. Pat. Ca. Banning and 
 Arden's Patent Cases. 
 
 Bar. Barnardiston's English King's Bench Re- 
 ports; — Barnardiston's Chancery; — Bar Reports in 
 all the Courts, English;— Barbour's Supreme Court 
 Reports, New York; — Barrows's Reports, vol. 18 
 Rhode Island. 
 
 Bar. Ch. or Chy. Barnardiston's English Chan- 
 cery Reports. 
 
 Bar Ex. Jour. Bar Examination Journal, London. 
 
 Bar. Mag. Harrington's Magna Charta. 
 
 Bar. N. Barnes's Notes, English Common Pleas 
 Reports. 
 
 Bar. Obs. St. Barrington's Observations upon the 
 Statutes from Magna Charta to 21 James I. 
 
 Bar. d Ad. Barnewall & Adolphus's English 
 King's Bench Reports. 
 
 Bar. <& Al. Barnewall & Alderson's English King's 
 Bench Reports, 
 
 Bar. & Am. Barron & Arnold's English Election 
 Cases. 
 
 Bar. & Aust. OT Au. Barron & Austin's English 
 Election Cases. 
 
 Bar. & Cr. Barnewall & Cresswell's English 
 King's Bench Reports. 
 
 Barh. Barbour's Supreme Court Reports, New 
 York; — Barber's Reports, vols. 14-24 Arkansas. 
 
 Barb. Ahs. Barbour's Abstracts of Chancellor's 
 Decisions, New York. 
 
 Barb. App. Dig. Barber's Digest, New York. 
 
 Barb. Ark. Barber's Reports, vols. 14-24 Arkansas. 
 Barb. Ch. Barbour's Chancery Reports, New 
 York. 
 
 Barb. Ch. Pr. Barbour's Chancery Practice (Text 
 Book). 
 Barb.Gr.P. Barbour's Criminal Pleadings. 
 Barb. Dig. Barber's Digest of Kentucky. 
 Barb. Grot. Grotius on War and Peace, Notes by 
 Barbeyrac. 
 Barb, on Set-off. Barbour on Set-off. 
 Barb. Puff. Puffendorf's Law of Nature and Na- 
 tions, Notes hy Barbeyrac. 
 
 Barb. S. C. Barbour's Supreme Court Reports, 
 New York. 
 
 Barbc. or Barber. Barber's Reports, Arkansas. 
 See Barb. Ark. 
 Bare Dig. Barclay's Missouri Digest. 
 Barl. El'^ct. Cas. Bartlett's Congressional Elec- 
 tion Cases. 
 
 Barn. Barnardiston's English King's Bench Re- 
 ports ;~-Barnes's English Common Pleas Reports;— 
 Barnfield's Reports, vols. 19-20, Rhode Island. 
 
 Barn. Ch. Barnardiston's Chancery Reports, Eng- 
 lish. 
 
 Barn. No. Barnes's Note of Cases, English Com- 
 mon Pleas. 
 
 Barn. Sh. Barnes's Sheriff. 
 
 Barn, & A. Barnewall & Alderson's English King's 
 Bench Reports. 
 
 Barn. <& Ad. or Barn. <& Adol. Barnewall & Adol- 
 phus' English King's Bench Reports. 
 
 Barn, d Aid. Barnewall & Alderson's English 
 King's Bench Reports. 
 
 Barn, d C. or Barn, d Gr. or Barn, d Cress. 
 Barnewall & Cresswell's English King's Bench Re- 
 ports. 
 
 Barnard. Ch. Barnardiston's Chancery Reports. 
 
 Barnard. K. B. Barnardiston's King's Bench Re- 
 ports. 
 
 Barnes. Barnes's Practice Cases, English. 
 
 BarneSj N. C. Barnes's Notes of Cases in Common 
 Pleas. 
 
 Barnet. Barnet's Reports, vols. 27-29 English 
 Central Criminal Courts Reports. 
 
 Barnf. d S. Barnfield and Stiness's Reports, vol. 
 20. Rhode Island. 
 
 Barnw. Dig. Barnwall's Digest of the Year Books. 
 
 Barr. Barr's Reports, vols. 1-10 Pennsylvania 
 State;— Barrows's Reports, vol. 18 Rhode Island;— 
 Barr Reports, in all the courts, English. 
 
 Barr. Ob. St. or Barr. St. Barrington's Observa- 
 tions upon the Statutes from Magna Charta to 21 
 James I. 
 
 Barr. Ten. Barry on Tenures. 
 
 Barr. d Am. Barron & Arnold's Election Cases, 
 English. 
 
 Barr. d Aus. Barron & Austin's Election Cases, 
 English. 
 
 Barring. Obs. St. or Barring. St. Barrington's Ob- 
 servations upon the Statutes from Magna Charta 
 to 21 James I. 
 
 Barron Mir. Barron's Mirror of Parliament. 
 
 Barrows. Barrows's Reports, vol. 18 Rhnde Island. 
 
 Barry Ch. Jur. Barry's Chancery Jurisdiction. 
 
 Barry Conv. Barry on Conveyancing. 
 
 Bart. Conv. Barton's Elements of Conveyancing. 
 
 Bart. El. Gas. Bartlett's Congressional Election 
 Cases. 
 
 Bart. Eq. Barton's Suit in Equity. 
 
 Bart. Prec. Barton's Precedents of Conveyancing. 
 
 Bat. Dig. Battle's Digest, North Carolina. 
 
 Bat. Sp. Per. Batten on Specific Performance. 
 
 Batcm. Ag. Bateman on Agency. 
 
 Batem. Auct. Bateman on the Law of Auctions. 
 
 Batem. Gomm. L. Bateman's Commercial Law. 
 
 Batem. Const. L. Bateman's Constitutional Law. 
 
 Batem. Ex. L. Batenaan's Excise Laws. 
 
 Bates Ch. Bates's Chancery Reports, Delaware. 
 
 Bates Dig. Bates's Digest, Ohio. 
 
 Batt. or Batty. Batty's Irish King's Bench Re- 
 ports. 
 
 Bawm. Baum on Rectors, Church Wardens, and 
 Vestrymen. 
 
 Bax. or Baxt. Baxter's Reports, vols. 60-68 Ten- 
 nessee. 
 
 Bay. Bay's South Carolina Reports;— Bay's Re- 
 ports, vols. 1, 2, and 5-8 Missouri. 
 
 Bay (Mo.) . Bay's Reports, Missouri. 
 
 Bayl. Bill. Bayley on Bills. 
 
 Bayl. Ch. Pr. Bayley's Chancery Practice, 
 
 Bea. C. E. Beame's Costs in Equity. 
 
 Bea. Eq. PL Beame's Equity Pleading. 
 
 Bea. Ne E.ceat. Beame on the Writ of Ne Exeat. 
 
 Bea. Ord. Beame's Orders in Chancery. 
 
 Bea. PL Eq. Beame's Pleas in Equity. 
 Beach. Rcc. Beach on the Law oi Receivers. 
 Beas. Beasley's Reports, New Jersey Equity. 
 
 Beat, or Beatt. or Beatty. Beatty's Irish Chancery 
 Reports. 
 Beaum. B. of S. Beaumont on Bills of Sale. 
 Beaum. Ins. Beaumont on Insurance. 
 Beav. Beavan's Chancery Reports, English Rolls 
 Court. 
 
 Beav. R. d C. Gas. English Railway and. Canal 
 Cases, by Beavan and others. 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 557 
 
 Beav. d Wal. Ry. Gas. Beavan & "Walford's Rail- 
 way and Canal Cases, England. 
 
 Beaxo. or Beaw. Lex Merc. Beawes's Lex Merca- 
 toria. 
 
 Beaices. Beawes's Lex Mcrcatoria. 
 
 Becc. Or. Beccaria on Crimes and Punishments. 
 
 Beck. Beck's Reports, vols. 12-16 Colorado; also 
 vol. 1 Colorado Court of Appeals. 
 
 Beck, Med. Jur. or Beck's Med. Jur. Beck's Medi- 
 cal Jurisprudence. 
 
 Bedell. Bedell's Reports, vols. 163-191 New York. 
 
 Bee. Bee's United States District Court Reports. 
 
 Bee Adm. Bee's Admiralty. An Appendix to Bee's 
 District Court Reports. 
 
 Bee C. C. R. Bee's Crown Cases Reserved, Eng- 
 lish. 
 
 Beebe Git. Beebe's Ohio Citations. 
 
 Bel. Bellewe's English King's Bench Reports 
 temp. Richard II ;— Bellasis's Bombay Reports; — 
 Beling's Ceylon Reports;— l^ellinger's Reports, vols. 
 4-8 Oregon. 
 
 Beling. Beling's Ceylon Reports. 
 
 BelingdVan. (Geylon). Beling & Vander Straa- 
 len's Ceylon Reports. 
 
 Bell. Bell's Dictionary and Digest of the Laws of 
 Scotland;— Bell's English Crown Cases Reserved; — 
 Bell's Scotch Appeal Cases;— Bell's Scotch Session 
 Cases;— Bell's Calcutta Reports, India; — Bellewe's 
 English King's Bench Reports temp. Richard II ; — 
 Brooke's New Cases, by Bellewe; — Bellinger's Re- 
 ports, vols. 4-8 Oregon; — Bellasis's Bombay Reports. 
 
 Bell Av. Ga. or Bell Ap. Gas, or Bell App. Gas. 
 Bell's Scotch Appeals. 
 
 Bell Gas. Bell's Cases, Scotch Court of Session. 
 
 Bell. Gas. t. H. VIII. Brooke's New Cases (col- 
 lected by Bellewe). 
 
 Bell. Gas. t. R. II. Bellewe's English King's Bench 
 Reports (time of Richard II). 
 
 BellC.G. Bell's English Crown Cases Reserved; 
 —Bellasis's Civil Cases, Bombay ;— Bellasis's Crim- 
 inal Cases, Bombay. 
 
 Bell. C. Gas. Bellasis's Civil Cases, Bombay ; Bel- 
 lasis's Criminal Cases, Bombay. 
 
 BellG. H. C. Bell's Reports, Calcutta High Court. 
 
 Bell Gom. or Bell Gomm. Bell's Commentaries on 
 the Laws of Scotland. 
 
 Bell G7\ G. Bell's English Crown Cases;— Beller's 
 Criminal Cases, Bombay. 
 
 BellG. T. Bell on Completing Titles. 
 
 Bell. Del. U. L. Beller's Delineation of Universal 
 Law. 
 
 Bell, Diet. Bell's Dictionary and Digest of the 
 Laws of Scotland. 
 
 Bell Diet. Dec. Bell's Dictionary of Decisions, 
 Court of Session, Scotland. • 
 
 Bell El. L. Bell's Election Law of Scotland. 
 
 Bell fol. Bell's folio Reports, Scotch Court of 
 Session. 
 
 Bell H. G. or Bell E. C. Cal. Bell's Reports, High 
 Court of Calcutta. 
 
 Bell H. L. or Bell, H. L. Sc. Bell's House of Lord's 
 Cases, Scotch Appeals. 
 
 Bell H. & W. Bell on Husband and Wife. 
 
 Belllllus. Bell's Illustration of Principles. 
 
 Bell (In.). Bell's Reports, India. 
 
 Bell L. Bell on Leases. 
 
 Bell Med. L. J. Bell's Medico Legal Journal. 
 
 Bell Notes. Bell's Supplemental Notes to Hume 
 on Crimes. 
 
 Bell Oct. or 8vo. Bell's octavo Reports, Scotch 
 Court of Session. 
 
 Bell. (Or.). Bellinger's Reports, Oregon. 
 
 Bell P. G. Bell's Cases in Parliament, Scotch Ap- 
 peals. 
 
 BellPrin. Bell's Principles of the Law of Scot- 
 land. 
 
 Bell Put. Mar. Bell's Putative Marriage Cases, 
 Scotland. 
 
 BellS. Bell on Sales. 
 
 Bell Sc. App. Bell's Appeals to House of Lords 
 from Scotland. 
 
 Bell Sc. Dig. Bell's Scottish Digest. 
 
 Bell Ses. Gas. or Bell Sess. Cas. Bell's Cases in the 
 Scotch Court of Session. 
 
 Bell Styles. Bell's System of the Forms of Deeds. 
 
 Bell T.D. Bell on the Testing of Deeds. 
 
 Bellas. Bellasis's Criminal (or Civil) Cases, Bom- 
 bay. 
 
 Bellewe. BcUeWe's English King's Bench Reports. 
 
 JJcllcice Gas. Bellewe's Ca--fes, temp. Henry 
 VIII. ; Brooke's New Cases ; Petit Brooke. 
 
 Bellewe t. H. YIII. Brooke's New Cases (collected 
 by Bellewe). 
 
 Bellinger. Bellinger's Reports, vols. 4-8 Oregon. 
 
 Bcllingh. Tr. Report of the Bellingham Trial. 
 
 Belt Br 0. Belt's edition of Brown's Chancery Re- 
 ports. 
 
 Belt Sup. or Belt Sup. Ves. Belt's Supplement to 
 Vesey Senior's English Chancery Reports. 
 
 Belt Ves. Sen. Belt's edition of Vesey Senior's 
 English Chancery Reports. 
 
 Ben. Benedict's United States District Court Re- 
 ports. 
 
 Ben. Ad7n. Benedict's Admiralty Practice. 
 
 Ben. Av. Benecke on Average. 
 
 Ben. F. I. Cas. Bennett's Fire Insurance Cases. 
 
 Beyi. Ins. Gas. Bennett's Insurance Cases. 
 
 Ben. Just. Benedict on Justices of the Peace. 
 
 Ben Mon. Ben Monroe's Reports, Kentucky. 
 
 Ben. f& Dal. Benloe & Dalison's English Common 
 Pleas Reports. 
 
 Ben. cC- //. L. G. Bennett & Heard's Leading Crim- 
 inal Cases. 
 
 •Ben. <& S. Dig. Benjamin & Slidell's Louisiana Di- 
 gest. 
 
 Bench d B. Bench and Bar (periodical), Chicago. 
 
 Bendl. or Bendloe. Bendloe (see Benl.) ;— Bend- 
 loe's or New Benloe's Reports, English Common 
 Pleas. Edition of 1661. 
 
 Bened. Benedict's United States District Court 
 Reports. 
 
 Benet Gt. M. Benet on Military Law and Courts 
 Martial. 
 
 Beng. L. R. Bengal Law Reports, India. 
 
 Bcng. S.D. or Beyig. S. D. A. Bengal Sudder De- 
 wany Adawlut Reports, India. 
 
 Bciij. Benjamin. New York Annotated Cases. 
 
 Benj. Ghalm. Bills <& N. Benjamin's Chalmer's 
 Bills and Notes. 
 
 Benj. Sales. Benjamin on Sales. 
 
 Benl. Benloe's or Bendloe's English King's Bench 
 Reports ; Benloe's English Common Pleas Reports. 
 
 Benl. in Ashe. Benloe at the end of Ashe's Tables. 
 
 Benl. in Keil. Benloe or Bendloe in Keilway's Re- 
 ports. 
 
 Benl. New. Benloe's Reports, English Common 
 Pleas, Ed. of 1661 ;— Benloe's Reports, English King's 
 Bench. 
 
 Benl. Old. Benloe's Reports, English Common 
 Pleas, of Benloe & Dalison, Ed. of 1689. 
 
 Benl. d Dal. Benloe & Dalison's Common Pleas 
 Reports. 
 
 Benn. Cal. Bennett's Reports, vol. 1 California. 
 
 Benn. (Dak.). Bennett's Dakota Reports. 
 
 Benn. Diss. Bennett's Dissertation on the Pro- 
 ceedings in the Master's Office in the Court of 
 Chancery of England, sometimes cited Benn. Prac. 
 
 Benn. F. I. Gas. or Benn. Fire Ins. Cas. Bennett's 
 Fire Insurance Cases. 
 
 Benn. (Mo.). Bennett's Reports, Missouri. 
 
 Benn. Prac. See Benn. Diss. 
 
 Benn. & H. Cr. Cas. Bennett & Heard's Leading 
 Criminal Cases. 
 
 Benn. & H. Dig. Bennett & Heard's Massachusetts 
 Digest. 
 
 Benne. Reporter of vol. 7, Modern Reports. 
 
 Bennett. Bennett's Reports, vol. 1 California;— 
 Bennett's Reports, vol. 1 Dakota ;— Bennett's Re- 
 ports, vols. 16-21 Missouri. 
 
 Bennett M. See Benn. Diss. 
 
 Bent. Bentley's Reports. Irish Chancery. 
 
 Benth. Ev or Benth. Jud. Ev. Bentham on Ration- 
 ale of Judicial Evidence. 
 
 Benth. Leg. Bentham on Theory of Legislation. 
 
 Bentl. Atty.-Gen. Bentley's Reports, vols. 13-19 
 Attorneys-General's Opinions. 
 
 Beor. Queensland Law Reports. 
 
 Ber. Berton's New Brunswick Reports. 
 
 Bern. Bernard's Church Cases, Ireland. 
 
558 
 
 Appendix. 
 
 (Part VI 
 
 Berry. Berry's Reports, vols. 1-28 Missouri Court 
 of Appeals. 
 
 Bert. Berton's Reports, New Brunswick. 
 
 BessonPrec. Besson's New Jersey Precedents. 
 
 Best Ev. Best on Evidence. 
 
 BestPres. Best on Presumptions. 
 
 Best d S. or Best & Sm. Best & Smith's English 
 Queen's Bench Reports. 
 
 Betts Adm. Pr. Betts's Admiralty Practice. 
 
 Sett's Dec. Blatchford and Rowland's United 
 States District Court Reports ;— Olcott's United 
 States District Court Reports. 
 
 Bev. (Ceylon). Beven's Ceylon Reports. 
 
 Bev. Horn. Bevill on Homicide. 
 
 Bev. Pat. BeviU's Patent Cases, English. 
 
 Bev. d M. Bevin & Mill's Reports, Ceylon. 
 
 Beven. Beven's Ceylon Reports. 
 
 Bibt. Bibb's Reports, Kentucky. 
 
 Biclc. or Bich. d H. or Bick. d Haivl. Bicknell & 
 Hawley's Reports, vols. 10-20 Nevada. 
 
 Bick. (In.). Bicknell's Reports, India. 
 
 Bick. de H. or Bick. & Bawl. (Nev.). Bicknell & 
 Hawley's Nevada Reports. 
 
 Biddle Retro. Leg. Biddle on Retrospective Leg- 
 islation. 
 
 Big. Bignell's Reports, India. 
 
 Big. Bills d N. Bigelow on Bills and Notes. 
 
 Big. Cas. Bigelow's Cases, William I. to Rich- 
 ard I. 
 
 Big. Eq. Bigelow on Equity. 
 
 Big. Estop. Bigelow on Estoppel. 
 
 Big. Frauds. Bigelow on Frauds. 
 
 Big. Jarm. Wills. Bigelow's Edition of Jarman on 
 Wills. 
 
 Big. Lead. Cas. Bigelow's Leading Cases on Torts. 
 
 Big. L. I. Cas. or Big. L. d A. Ins. Cas. Bigelow's 
 Life and Accident Insurance Cases. 
 
 Big. Ov. Cas. or Big. Over-ruled Cas. Bigelow's 
 Over-ruled Cases. 
 
 Big. Plac. or Big. Placita. Bigelow's Placita An- 
 glo-Normannica. 
 
 Bigelow, Estop. Bigelow on Estoppel. 
 
 Bigg Cr. L. Bigg's Criminal Law. 
 
 Bign. Bignell's Indian Reports. 
 
 BiW. Ord. Ordinances of Bilboa. 
 
 Bill. Aw. Billing on the Law of Awards. 
 
 Bin. Binney's Pennsylvania Reports. 
 
 Bin. Dig. Binmore's Digest, Michigan. 
 
 Bing. Bingham's Reports, English Common Pleas. 
 
 Bing. Des. Bingham on Descent. 
 
 Bing. Inf. Bingham on Infancy. 
 
 Bing. Judg. Bingham on Judgments and Execu- 
 tions. 
 
 Bing. L. d T. Bingham on Landlord and Tenant. 
 
 Bing. N. C. Bingham's New Cases, English Com- 
 mon Pleas. 
 
 Bing. d Colv. Rents. Bingham & Colvin on Rents, 
 etc. 
 
 Binn. Binney's Pennsylvania Reports. 
 
 Binn Jus. Blnn's Pennsylvania Justice. 
 
 Bird Conv. Bird on Conveyancing. 
 
 BirdL. d T. Bird on Landlord and Tenant. 
 
 Bird Sol. Pr. Bird's Solution of Precedents of Set- 
 tlements. 
 
 Birds. St. Birdseye's Statutes, New York. 
 
 Biret de I'Ahs. Traite de I'Absence et de ses effets, 
 par M. Biret. 
 
 Biret, Vocal?. Biret, Vocabulaire des Cinq Codes, 
 ou definitions simplifees des termes de droit et de 
 jurisprudence exprim6s dan ces codes. 
 
 Bis. Bissell's United States Circuit Court Re- 
 ports. 
 
 Bish. Contr. Bishop on Contracts. 
 
 Bish. Cr. L. or Bish. Cr. Law. Bishop on Criminal 
 Law. 
 
 Bish. Crim. Proc. or Bish. Cr. Proc. Bishop on 
 Criminal Procedure. 
 
 Bish. Mar. d D. or Bish. Mar. d Div. Bishop on 
 Marriage and Divorce. 
 
 Bish. Mar. Worn. Bishop on Married Women. 
 
 Bish. St. Cr. or Bish. St. Crimes. Bishop on Statu- 
 tory Crimes. 
 
 Bishop Dig. Bishop's Digest, Montana. 
 
 Bisp. Eq. or Bisph. Eq. Bispham's Equity. 
 
 Biss. or Bis. Bissell's United States Circuit Court 
 Reports. 
 
 Biss. Est. or Biss. Life Est. Bissett on Estates for 
 Life. 
 
 Biss. Part. Bissett on Partnership. 
 
 Bitt. or Bitt. Chamt. Rep. Bittleson's Chamber 
 Reports, England. 
 
 Bitt. Pr. Cas. Bittleston's English Practice Cases. 
 
 Bitt. W. d P. Bittleson, Wise & Parnell's Reports, 
 vols. 2, 3 New Practice Cases. 
 
 Bk. Black's United States Supreme Court Re- 
 ports. 
 
 Bk. Judg. Book of Judgments by Townsend. 
 
 Bl. Black's United States Supreme Court Re- 
 ports ; — Blatchford's United States Circuit Court 
 Reports ;— Blackford's Indiana Reports ;— Henry 
 Blackstone's English Common Pleas Reports ;— W. 
 Blackstone's English King's Bench Reports ;— Black- 
 stone. 
 
 Bl. C. C. Blatchford's United States Circuit Court 
 Reports. 
 
 Bl. Com. or Bl. Comm. Blackstone's Commentaries. 
 
 Bl. D. Blount's Law Dictionary. 
 
 Bl. Diet. Black's Dictionary, 
 
 Bl. D. d O. Blackham, Dundas & Osborne's Irish 
 Nisi Prius Reports. 
 
 Bl. H. Henry Blackstone's English Common Pleas 
 Reports. 
 
 Bl. Judgm. Black on Judgments. 
 
 Bl. Law Tracts. Blackstone's Law Tracts. 
 
 Bl. L. D. Blount's Law Dictionary. 
 
 Bl. L. T. Blackstone's Law Tracts. 
 
 Bl. Pr. Ca. or Bl. Prize or Bl. Pr. Cas. Blatchford's 
 Prize Cases. 
 
 Bl. R. or Bl. W. Sir William Blackstone's English 
 King's Bench Reports. 
 
 Bl. d H. Blatchford & Rowland's United States 
 District Court Reports; — Blake & Hedges's Reports, 
 vols. 2-3 Montana. 
 
 Bl. d How. Blatchford & Rowland's Admiralty 
 Reports, U. S. Dist. Court, Southern Dist. of N. Y. 
 
 Bl. d W. Mines. Blanchard & Weeks's Leading 
 Cases on Mines. 
 
 Bla. Ch. Bland's Maryland Chancery Reports. 
 
 Bla. Com. Blackstone's Commentaries. 
 
 Bla. H. Henry Blackstone's English Common 
 Pleas Reports. 
 
 Bla. R. or Bla. W. Sir William Blackstone's Re- 
 ports English King's Bench. 
 
 Black. Black's United States Supreme Court Re- 
 ports; — Black's Reports, vols. 30-53 Indiana;— R. 
 Blackstone's English Common Pleas Reports; — W. 
 Blackstone's English King's Bench Reports; — Black- 
 ford'g Indiana Reports. 
 
 Black. Cond. Rep. Blackwell's Condensed Illinois 
 Reports. 
 
 Black, Const. Law. Black on Constitutional Law. 
 
 Black, Const. Prohit. Black's Constitutional Pro- 
 hibitions. 
 
 Black. D. d O. Blackham, Dundas & Osborne's 
 Irish Nisi Prius Reports. 
 
 Black. H. Henry Blackstone's English Common 
 Pleas Reports. 
 
 Black. (Ind.). Black's Reports, Indiana Reports, 
 vols. 30-53. 
 
 Black, Interp. Laws. Black on Interpretation of 
 Laws. 
 
 Black, Intox. Liq. Black on Intoxicating Liquors. 
 
 Black, Judgm. Black on Judgments. 
 
 Black. Jus. Blackerby's Justices' Cases. 
 
 Black. R. Black's United States Supreme Court 
 Reports;— W. Blackstone's English King's Bench 
 Reports. See Black. 
 
 Black. S. Blackburn on Sales. 
 
 Black Ship. Ca. Black's Decisions in Shipping 
 Cases. 
 
 Black, Tax Titles or Black T. T. Black on Tax Ti- 
 tles. 
 
 Black. W. W. Blackstone's English King's Bench 
 Reports. 
 
 Blackf. Blackford's Reports, Indiana. 
 
 Blackst. Com. Blackstone's Commentaries. 
 
 Blackst. R. Wm. Blackstone's Reports, English. 
 
 Blackw. Cond. Blackwell's Condensed Reports, 
 Illinois. 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 559 
 
 BlaTc. Ch. Pr. Blake's Chancery Practice, New 
 York. 
 
 Blake. Blake's Reports, vol. 1 Montana. 
 
 Blahe & H. Blake and Hedges's Reports, vols. 2-3 
 Montana. 
 
 Blan. Annu. Blaney on Life Annuities. 
 
 Blan. Lim. Blanshard on Limitations. 
 
 Blanc. & W. L. C. Blanchard & Week's Leading 
 Cases on Mines, etc. 
 
 Bland or Bland's Ch. Bland's Maryland Chancery 
 Reports. 
 
 Blatchf. Blatchford's United States Circuit Court 
 Reports— United States Appeals. 
 
 Blatchf. Pr. Ca. or Blatchf. Pr. Cas. Blatchford's 
 Prize Cases. 
 
 Blatchf. & H. Blatchford & Rowland's United 
 States District Court Reports. 
 
 BlecJc. or Bleckley. Bleckley's Reports, vols. 34, 
 35 Georgia. 
 
 Bli. or Bligh. Bligh's Reports, English House of 
 Lords. 
 
 Bli. N. 8. or Bligh N. S. Bligh's Reports, New Se- 
 ries, English House of Lords. 
 
 Bliss. Delaware County Reports, Pennsylvania. 
 
 Bliss L. Ins. Bliss on Life Insurance. 
 
 Bliss N. Y. Co. Bliss's New York Code. 
 
 Bloom. Man. or Bloom. Neg. Cas. or Bloom,f. Manu. 
 Cas. or Bloomf. N. Cas. Bloomfleld's Manumission 
 (or Negro) Cases, New Jersey. 
 
 Blount. Blount's Law Dictionary. 
 
 Blount Tr. Blount's Impeachment Trial. 
 
 Boh. Dec. Bohun's Declarations. 
 
 Boh. Eng. L. Bohun's English Lawyer. 
 
 Boh. Priv. Lon. Bohun's Privilegia Lon dini. 
 
 Boil. Code N. Boileux's Code Napoleon. 
 
 Bomb. H. Ct. or Bomb. H. Ct. Bep. Bombay High 
 Court Reports. 
 
 Bomb. L. B. Bombay Law Reporter. 
 
 Bomb. Sel. Cas. Bombay Select Cases. 
 
 Bomb. Ser. Bombay Series Indian Law Reports. 
 
 Bond. Bond's United States Circuit Reports. 
 
 Bone Prec. Bone's Precedents on Conveyancing. 
 
 Bonney Ins. Bonney on Insurance. 
 
 Books S. Books of Sederunt. 
 
 Boor, or BooraeiYi. Booraem's Reports, California. 
 
 Boote Ch. Pr. Boote's Chancery Practice. 
 
 Boote S. or Boote, Suit at Law. Boote's Suit at Law. 
 
 Booth Act. or Booth R. A. or Boothj Real Act. 
 Booth on Real Actions. 
 
 Boothley Ind. Off. Boothley on Indictable Offences. 
 
 Bo. B. Act. Booth on Real Actions. 
 
 Borr. Borradaile's Reports, Bombay. 
 
 Borth. Borthwlck on Libel and Slander. 
 
 Bos. Bosworth's New York Superior Court Re- 
 ports. 
 
 Bos. d P. or Bos. & P. N. R. or Bos. t& Pul. or Bos. 
 t& Pul. N. R. Bosanquet & Puller's New Reports, 
 English Common Pleas. 
 
 Bost. Law Rep. Boston Law Reporter. 
 
 Bost. Pol. Rep. Boston Police Court Reports, 
 
 Bosw. Boswell's Reports, Scotch Court of Ses- 
 sion; — Bosworth's New York Superior Court Reports. 
 
 Bosw. (N. Y.). Bosworth's New York City Supe- 
 rior Court Reports, vols. 14-23. 
 
 BottP.L. Bott's Poor Laws. 
 
 BottP.L.Cas. Bott's Poor Law Cases. 
 
 Bott P. L. Const. Const's Edition of Bott's Poor 
 Law Cases. 
 
 Bott Set. Cas. or Bott Sett. Cas. Bott's Poor Law 
 (Settlement) Cases, English. 
 
 Bouch. Ins. Dr. Mar. Boucher, Institutes ou Droit 
 Maritime. 
 
 Boulay Paty Dr. Com. Cours de Droit Commer- 
 cial Maritime, par P. 8. Boulay Paty. 
 
 Bould. Bouldin's Reports, vol. 119 Alabama. 
 
 Bouln. or Boulnois. Boulnois's Reports, Bengal. 
 
 Bourke. Bourke's Reports, Calcutta High Court. 
 
 Bourke P. P. Bourke's Parliamentary Precedents. 
 
 Bousq. Diet, de Dr. Bousquet, Dictlonnaire de 
 Droit. 
 
 Bout. Man. Boutwell's Manuel of the Tax Sys- 
 tem of the U. S. 
 
 Bouv. or Bouv. L. D. Bouvier's Law Dictionary. 
 
 Bouv. Inst. Bouvler's Institutes of American Law. 
 
 Bouv. Inst. Th. Institutiones Theologies, auctore 
 J. Bouvier. 
 
 Bouvier. Bouvier's Law Dictionary. 
 
 Bov. Pat. Ca. BoviU's Patent Cases. 
 
 Bow. Bowler & Bowers, vols. 2, 3, United States 
 Comptroller's Decisions. 
 
 Bowen, Pol. Econ. Bowen's Political Economy. 
 
 Bowy. C. L. Bowyer's Modern Civil Law. 
 
 Bowy. Com. or Bowy. P. L. Bowyer's Commenta- 
 ries on Universal Public Law. 
 
 Bowyer, Mod. Civil Law. Bowyer's Modern Civil 
 Law. 
 
 Boyce Pr. Boyce's Practice in the U. S. Courts. 
 
 Boyd Adm. Boyd's Admiralty Law. 
 
 Boyd Sh. Boyd's Merchant Shipping Laws. 
 
 Boyle Char. Boyle on Charities. 
 
 Br. Bractbn or Bracton de Legibus et Consuetu- 
 dinibus Anglice ;—BTS.CLford ; — Bradwell;— Brayton;— 
 Breese; — Brevard; — Brewster; — Bridgman; — 
 Brightly; — British; — Britton; — Brockenbrough; 
 — Brooke; — Broom; — Brown; — Brownlow; — 
 Bruce. See below, especially under Bro. 
 
 Br. Abr. Brooke's Abridgment. 
 
 Br. Brev. Jud. Brownlow's Brevia Judicalia. 
 
 Br. C. C. British (or English) Crown Cases 
 (American reprint);— Brown's Chancery Cases, Eng- 
 land. 
 
 Br. Ch. C. Brown's Chancery Cases, English. 
 
 Br. Cr. Ca. British (or English Crown Cases). 
 
 Br. Fed. Dig. Brightly's Federal Digest. 
 
 Br. N. C. Brooke's New Cases, English King's 
 Bench. 
 
 Br. P. C. Brown's English Parliamentary Cases, 
 
 Br. Reg. Braithwaite's Register. 
 
 Br. Sup. Brown's Supplement to Morrison's Dic- 
 tionary, Sessions Cases, Scotland. 
 
 Br. Syn. Brown's Synopsis of Decisions, Scotch 
 Court of Session. 
 
 Br. & B. Broderip & Bingham, English Common 
 Pleas. 
 
 Br. & F. Ecc. or Br. d Fr. Broderick & Freeman- 
 tie's Ecclesiastical Cases, English. 
 
 Br. d Gold. Brownlow & Goldesborough's English 
 Common Pleas Reports. 
 
 Br. d L. or Br. d Lush. Brownlow & Lushington's 
 English Admiralty Reports. 
 
 Br. d R. Brown & Rader's Missouri Reports. 
 
 Brae, or Bract, or Bracton. Bracton de Legibus et 
 Consuetudinibus Anglise. 
 
 Brack. L. Mis. Brackenbridge's Law Miscellany. 
 
 Brack. Trust. Brackenbridge on Trusts. 
 
 Brad. Bradford's Surrogate Reports, New York;— 
 Bradford's Iowa Reports; — Bradwell's Illinois Ap- 
 peal Reports; — Bradley's Reports, Rhode Island;— 
 Brady's History of the Succession of the Crown of 
 England. 
 
 Bradby Dist. Bradby on Distresses. 
 
 Bradf. Bradford's New York Surrogate Reports; 
 — Bradford's Reports, Iowa. 
 
 Bradf. (Iowa). Bradford's Reports, Iowa. 
 
 Bradf. Sur. or Bradf. Surr. Bradford's Surrogate 
 Court Reports, New York. 
 
 Bradl. (R. I.). Bradley's Rhode Island Reports. 
 
 Bradl. P. B. Bradley's Point Book. 
 
 Bradw. Bradwell's Reports, Illinois Appellate 
 Courts. 
 
 Brady Ind. Brady's Index, Arkansas Reports. 
 
 Braithw. Pr. Braithwaite's Record and Writ 
 Practice. 
 
 Brame. Brame's Reports, vols. 66-72 Mississippi. 
 
 Branch. Branch's Reports, Florida Reports, vol. I. 
 
 Branch Max. Branch's Maxims. 
 
 Branch Pr. or Branch, Princ. Branch's Principia 
 Legis et ^quitatis. 
 
 Brand. Brandenburg's Reports, vol. 21, Opinions 
 Attorneys-General. 
 
 Brand. F. Attachm. or Brand. For. Attachm. Bran- 
 don on Foreign Attachment. 
 
 Brande. Brande's Dictionary of Science. 
 
 Brandt Div. Brandt on Divorce Causes. 
 
 Brandt Sur. G. Brandt on Suretyship and Guar- 
 anty. 
 
 Brans. Dig. Branson's Digest of Bombay Reports. 
 
 Brant. Brantly's Reports, vols. 80-116 Maryland. 
 
 Brayt. Brayton's Reports, Vermont. 
 
 Breese. Breese's Reports, vol. 1 Illinois. 
 
 Brett Ca. Eq. Brett's Cases in Modern Equity. 
 
 Brev. Brevard's Reports, South Carolina, 
 
560 
 
 Appendix. 
 
 (Part VI 
 
 Brev. Dig. Brevard's Digest. 
 Brev.Ju. Brevia Judicialia (Judicial Writs). 
 Brev.Sel. Brevia Selecta, or Choice Writs. 
 B7-ew. Brewer's Reports, vols. 19-26 Maryland. 
 Breio. or Brexos. or Brewst. Brewster's Reports, 
 Pennsylvania. 
 Breio. (Md.). Brewer's Reports, Maryland. 
 Brewst. Brewster's Pennsylvania Reports. 
 Brice Pul). Wor. Brice's Law Relating to Public 
 Worship. 
 Brice U. V. Brice's Ultra Vires. 
 Brick. Dig. Brickell's Digest, Alabama. 
 Bridg. J. Bridgmore's Reports, English Common 
 Pleas. 
 Bridg. Gonv. Bridgman on Conveyancing. 
 Bridg. Dig. Ind. Bridgman's Digested Index. 
 Bridg. J. Sir J. Bridgman's English Common 
 Pleas Reports. 
 Bridg. Leg. Bib. Bridgman's Legal Bibliography. 
 Bridg. O. Sir Orlando Bridgman's English Com- 
 mon Pleas Reports — (sometimes cited as Carter). 
 
 Bridg. Reft. Bridgman's Reflections on the Study 
 of the Law. 
 Bridg. Thes. Jur. Bridgman Thesaurus Juridicus. 
 Bright. Brightly's Nisi Prius Reports, Pennsyl- 
 vania. 
 Bright. C. Brightly on Costs. 
 
 Bright. Dig. Brightly's Digest, New York; — 
 Brightly's Digest, Pennsylvania;— Brightly's Digest, 
 United States. 
 
 Bright. Elec. Cas. or Bright. Elect. Cas. Brightly's 
 Leading Election Cases. 
 Bright. Eq. Brightly's Equity Jurisprudence. 
 Bright. Fed. Dig. Brightly's Federal Digest. 
 Bright H. d W. Bright on Husband and Wife. 
 Bright. N. P. Brightly's Nisi Prius Reports, Penn- 
 sylvania. 
 
 Bright. (Pa.). Brightly's Nisi Prius Reports, 
 Pennsylvania. 
 
 Bright, Purd. or Brightly's Purd. Dig. Brightly's 
 Edition of Purdon's Digest of Laws of Pennsyl- 
 vania. 
 
 Bright. T. d H. Pr. Brightly's Edition of Troubat 
 Sl Haly's Practice. 
 Bright. U. S. Dig. Brightly's United States Digest. 
 Brish. or Brishin (Minn.). Brisbin's Minnesota Re- 
 ports. 
 
 Brissonius. De verborum quae ad jus civile per- 
 tinent signiflcatione. 
 Brit. Britten's Ancient Pleas of the Crown. 
 Brit. Col. S. C. British Columbia Supreme Court 
 Reports. 
 Brit. Or. Cas. British (or English) Crown Cases. 
 Brit. Quar. Rev. British Quarterly Review. 
 Britt. Britton on Ancient Pleading. 
 Bro. See, also, Brown and Browne. Browne's 
 Pennsylvania Reports;— Brown's Michigan Nisi Pri- 
 us Reports;— Brown's English Chancery Reports;— 
 Brown's Parliamentary Cases; — Brown's Reports, 
 vols. 53-65 Mississippi;— Brown's Reports, vols. 80- 
 136 Missouri. 
 
 Bro.A.dC.L. Browne's Admiralty and Civil 
 Law. 
 
 Bro. A. d R. Brown's United States District Court 
 Reports (Admiralty and Revenue Cases). 
 Bro. Ahr. Brooke's Abridgments. 
 Bro. Ahr. in Eq. Browne's New Abridgment of 
 Cases in Equity. 
 
 Bro. Adm. Brown's United States Admiralty Re- 
 ports. 
 Bro. Car. Browne on Carriers. 
 Bro. C. C. Brown's English Chancery Cases, or 
 Reports. 
 
 Bro. Ch. or Bro. Ch. Cas. or Bro. Ch. R. Brown's 
 Chancery Cases, English. 
 Bro. Civ. Law. Browne's Civil Law. 
 Bro. Co. Act. Browne on the Companies Act. 
 Bro. Com. Brown's Commentaries. 
 Bro. Div. Pr. Browne's Divorce Court Practice. 
 Bro. Ecc. Brooke's Six Judgments in Ecclesias- 
 tical Cases (English). 
 Bro. Ent. Browne's Book of Entries. 
 Bro. Insan. Browne's Medical Jurisprudfence of 
 Insanity. 
 
 Bro. Leg. Max, or Bro. Max. Broom's Legal Max- 
 ims. 
 
 Bro. M. N. Brown's Methodus Novissima. 
 
 Bro. M. d D. Browning on Marriage and Divorce. 
 
 Bro. N. C. Brooke's New Cases, English King's 
 Bench. 
 
 Bro.N.P. Brown's Michigan Nisi Prius Reports; 
 —Brown's Nisi Prius Cases, English. 
 
 Bro. N. P. Cas. Browne's National Bank Cases. 
 
 Bro. N. P. (Mich.). Brown's Nisi Prius Cases, 
 Michigan. 
 
 B7-0. Of. Not. Brooke on the Office of a Notary in 
 England. 
 
 Bro. P. C. Brown's English Parliamentary Cases. 
 
 Bro. (Pa.). Browne's Pennsylvania Reports. 
 
 Bro. Read. Brooke's Reading on the Statute of 
 Limitations. 
 
 Bro. R. P. L. Brown's Limitation as to Real Prop- 
 erty. 
 
 Bro. Sales. Brown on Sales. 
 
 Bro. St. Fr. Browne on the Statute of Frauds. 
 
 Bro. Stair. Brodie's Notes and Supplement to 
 Stair's Institutions of the Laws of Scotland. 
 
 Bro. Supp. Brown's Supplement to Morrison's 
 Dictionary of the Court of Session, Scotland. 
 
 Bro. Syn. Brown's Synopsis of the Decisions of 
 the Scotch Court of Session. 
 
 Bro. T. M. Browne on Trademarks. 
 
 Bro. Y. M. Brown's Vade Mecum. 
 
 Bro. d F. or Bro. d Fr. Brodrick & Freemantle's 
 Ecclesiastical Cases. 
 
 Bro. & G. Brownlow & Goldesborough's English 
 Common Pleas Reports. 
 
 Bro. d Lush. Browning & Lushington's English 
 Admiralty Reports. 
 
 Brock, or Brock. C. C. or Brock. Marsh. Brocken- 
 brough's Reports of Marshall's Decisions, United 
 States Circuit Court. 
 
 Brock. Cas. Brockenbrough's Virginia Cases. 
 
 Brock, d H. or Brock, d Hoi. Brockenbrough & 
 Holmes's Reports, Virginia Cases, vol. 1. 
 
 Brod. Stair. Brodie's Notes and Supplement to 
 Stair's Institutes of the Laws of Scotland. 
 
 Brod. d B. or Brod. d Bing. Broderip & Bingham's 
 English Common Pleas Reports. 
 
 Brod. d F. or Brod. d Fr. Brodrick & Freemantle's 
 Ecclesiastical Cases. 
 
 Brooke or Brooke (Petit). Brooke's New Cases, 
 English King's Bench. 
 
 Brooke Ahr. Brooke's Abridgment. 
 
 Brooke Ecc. Brooke's Ecclesiastical Reports, Eng- 
 lish. 
 
 Brooke Eccl. Judg. Brooke's Six Ecclesiastical 
 Judgments. 
 
 Brooke Lim. Brooke's Reading on the Statute of 
 Limitations. 
 
 Brooke N. C. Brooke's New Cases, English King's 
 Bench (Bellewe's Cases, temp. Henry VIII). 
 
 Brooke Not. Brooke on the Office of a Notary in 
 England. 
 
 Brooke Read. Brooke's Reading on the Statute of 
 Limitations, 
 
 Brooke Six Judg. Six Ecclesiastical Judgments of 
 the English Privy Council, by Brooke. 
 
 Bi'ooks. Brooks's Reports, vols. 106-119 Michigan. 
 
 Broom G. L. or Broom Com.. Law or Brootn Comm,. 
 Broom's Commentaries on the Common Law. 
 
 Broom Const. L. Broom's Constitutional Law. 
 Broom Leg. Max. or Broom. Max. Broom's Legal 
 Maxims. 
 Broom Part. Broom's Parties to Actions. 
 
 Broom, d B. Com., or Broom d H. CoTnm. Broom & 
 Hadley's Commentaries on the Laws of England. 
 
 Bi'oun or Broun Just. Broun's Reports, Scotch 
 Justiciary Court. 
 
 Brown. Brown's Reports, vols. 53-65 Mississippi; 
 —Brown's English Parliamentary Cases;— Brown's 
 English Chancery Reports ; — Brown's Law Diction- 
 ary ;— Brown's Scotch Reports ;— Brown's United 
 States District Court Reports;— Brown's U. S. Ad- 
 miralty Reports;— Brown's Michigan Nisi Prius Re- 
 ports;— Brown's Reports, vols. 4-25 Nebraska; — 
 Brownlow (& Goldesborough's) English Common 
 Pleas Reports ; — Brown's Reports, vols. 80-136 Mis- 
 souri. See, also, Bro. and Browne. 
 
 Brotvn, Adm. Brown's United States Admiralty 
 Reports. 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 561 
 
 Brown A. & iS. Brown's United States District 
 Court Reports (Admiralty and Revenue Cases). 
 ^ Brown Car. Brown on Carriers. 
 
 Broion Ch. or Brown Ch. C. or Brown Ch. Cas. or 
 Brown Ch. R. Brown's Chancery Cases, English. 
 
 Brown, Civ. & Adm. Law. Brown's Civil and Ad- 
 miralty Law. 
 
 Brown Coinm. Brown's Commentaries. 
 
 Brown Diet. Brown's Law Dictionary. 
 
 Brown Ecc. Brown's Ecclesiastical Reports, Bng- 
 Usli. 
 
 Broxon Ent. Brown's Entries. 
 
 Brown Fixt. Brown on Fixtures. 
 
 Brown Liiii. Brown's Law of Limitations. 
 
 Brown. M. d D. Browning on Marriage and Di- 
 vorce. 
 
 Brown Novis. Brown's Method of Novissima. 
 
 Brown N. P. Brown's Michigan Nisi Prius Re- 
 ports, 
 
 Brown N. P. Cas. Brown's Nisi Prius Cases, Eng- 
 lish. 
 
 Brown N. P. (Mich.). Brown's Nisi Prius Reports, 
 Michigan. 
 
 Broiun P. C. or Brown;, Pari. Cas. Brown's Parlia- 
 mentary Cases, English House of Lords. 
 
 Brotcn R. P. L. Brown's Limitations as to Real 
 Property. 
 
 Brown Sales. Brown on Sales. 
 
 Brown Sup. or Brown Siij^. Dec. BTown's Supple- 
 ment to Morrison's Dictionary, Session Cases, Scot- 
 land. 
 
 Brown Syn. Brown's Synopsis of Decisions of the 
 Scotch Court of Session. 
 
 Brown V. M. Brown's Vade Mecum. 
 
 Brown. cG Gold. Brownlow & Goldesborough's Eng- 
 lish Common Pleas Reports. 
 
 Brown t&H. (Miss.). Brown & Hemingway's Re- 
 ports, vols. 53-6.^ Mississippi, 
 
 Brown <& L. or Brow7i d Lush. Brown's & Lushing- 
 ton's Reports, English Admiralty. 
 
 Browne. Browne's Pennsylvania Reports ;— 
 Browne's Reports, vols. 97-109 and 112-114 Massachu- 
 setts ;— Browne, New York Civil Procedure. See 
 also Bro. and Brown. 
 
 Browne Adm. C. L. Browne's Admiralty and Civil 
 Law. 
 
 Browne Bank Cas. or Broione Nat. B. C. Browne's 
 National Bank Cases. 
 
 Browne Car. Browne on the Law of Carriers. 
 
 Browne Civ. L. Browne on Civil Law. 
 
 Broione, Div. or Brov:ne Div. Pr. Browne's Divorce 
 Court Practice. 
 
 Browne Frauds. Browne on the Statute of Frauds. 
 
 Broione Insan. Browne's Medical Jurisprudence 
 of Insanity. 
 
 Broione Mass. Browne's Reports, Massachusetts, 
 vols. 97-109' and 112-114. 
 
 Browne N. B. C. Browne's National Bank Cases. 
 
 Browne, ProJ). Pr. Browne's Probate Practice. 
 
 Browne T. M. Browne on Trademarks. 
 
 Broione Usages. Browne on Usages and Customs. 
 
 Browne & G. or Broione & Gray. Browne &. Gray's 
 Reports, Massachusetts, vols. 110-111. 
 
 Browne d- Macn. Browne & Macnamara's English 
 Railway and Canal Cases. 
 
 Broxoning Mar. & D. Browning on Marriage and 
 Divorce. 
 
 Browning & L. Browning & Lushington's Reports, 
 English Admiralty. 
 
 Brownl. or Brownl. S G. or Brownl. & Gold. Brown- 
 low & Goldesborough's English Common Pleas Re- 
 ports. 
 
 Brownl. Brev. Jud. Brownlow's Previa Judiciala. 
 
 Brownl. Ent. or Brownl. Redlv. Brownlow's Redi- 
 vivus or Entries. 
 
 Bru. OT Bruce. Bruce's Reports, Scotch Court of 
 Session. 
 Bruce M.L. Bruce's Military Law, Scotland. 
 Brun. Brunner's Collective Cases, United States. 
 Briinfc. Jr. Dig. Brunker's Irish Common Law Di- 
 gest. 
 
 Brunner Sel. Cas. Brunner's Selected Cases Unit- 
 ed States Circuit Courts. 
 
 Bt. Benedict's United States District Court Re- 
 ports. 
 
 Brief ]Mak.(3d Ed.)— 36 
 
 Buch. Buchanan's (Eben J. or James) Reports, 
 Cape of Good Hope. 
 
 Buch. Gas. or Tr. Buchanan's Remarkable Crim- 
 inal Cases, Scotland. 
 
 Buch. Ct. A%>. Gave G. H. Buchanan's Court of Ap- 
 peals Reports, Cape of Good Hope. 
 
 Buch. E. Cape G. H. E. Buchanan's Reports, Cape 
 of Good Hope. 
 
 Buch. E. D. Cape G. H. Buchanan's Eastern Dis- 
 trict Reports, Cape of Good Hope. 
 
 Bitch. J. Cape G. H. J. Buchanan's Reports, Cape 
 of Good Hope. 
 
 Bitch. Rep. Buchanan's Reports, Cape of Good 
 Hope. 
 
 Buck. Buck's English Cases in Bankruptcy ;— 
 Buck's Reports, vols. 7-8 Montana. 
 
 Buck Cas. Buck's Bankrupt Cases, English. 
 
 BiicJc. Co. Act. Buckley's Law and Practice under 
 Companies Act. 
 
 Buck. Cooke. Bucknill's Cooke's Cases of Prac- 
 tice, Common Pleas. 
 
 Buck. Dec. Buckner's Decisions (in Freeman's 
 Mississippi Chancery Reports). 
 
 Buff. Super. Ct. (N. Y.). Sheldon's Superior Court 
 Reports, Buffalo, New York. 
 
 Bull. N. P. Buller's Law of Nisi Prius, English. 
 
 Bull, d C. Dig. or Bull. & Cur. Dig. Bullard & Cur- 
 ry's Louisiana Digest. 
 
 Bull, d L. Pr. Bullen & Leake's Precedents of 
 Pleading. 
 
 Butler MSS. J. Buller's Paper Books, Lincoln's 
 Inn Library. 
 
 Bulling. Eccl. Bullingbrooke's Ecclesiastical Law. 
 
 Biilst. Bulstrode's Reports, English King's Bench. 
 
 Bump Bkcy. Bump's Bankruptcy Practice. 
 
 Bump Fed. Proc. Bump's Federal Procedure. 
 
 Bump Fr. Conv. or Bump Fraud. Conv. Bump on 
 Fraudulent Conveyances. 
 
 Bump Inter. Rev. L. Bump's Internal Revenue 
 Laws. 
 
 Bump N. C. or Bump Notes. Bump's Notes on 
 Constitutional Decisions. 
 
 Bump Pat. Bump's Law of Patents, Trademarks, 
 etc. 
 
 Bunl). Bunbury's Reports, English Exchequer. 
 
 Buny. L. A. Bunyon on Life Insurance. 
 
 Bur. Burnett's Reports, Wisconsin ;— Burrow's 
 Reports, English King's Bench. 
 
 Bur. M. Burrow's Reports tempore Mansfield. 
 
 Burd. Cas. Torts. Burdick's Cases on Torts. 
 
 Burf. Burford's Reports, vols. 6-18 Oklahoma. 
 
 Burg. Dig. Burgwyn's Digest Maryland Reports. 
 
 Burge Col. Law. Burge on Colonial Law. 
 
 Burge Confl. Law. Burge on the Conflict of Laws. 
 
 Burge For. Law. Burge on Foreign Law. 
 
 Burge Mar. Int. L. Burge on Maritime Interna- 
 tional Law. 
 
 Burge Sur. Burge on Suretyship. 
 
 Burgess. Burgess's Reports, vols. 46-51 Ohio 
 State. 
 
 Burke Tr. Burke's Celebrated Trials. 
 
 Burks. Burks's Reports, vols. 91-98 Virginia. 
 
 Burlam. Nat. Law or Burlamaqui. Burlamaqui's 
 Natural and Politic Law. 
 
 Burlesque Reps. Skillman's New York Police Re- 
 ports. 
 
 Burm. L. R. Burmah Law Reports. 
 
 Burn. Burnett's Reports, Wisconsin. 
 
 Burn. Cr. L. Burnett on the Criminal Law of 
 Scotland. 
 
 Sum Diet. Burn's Law Dictionary. 
 
 Burn, Ecc. Laiu or Burn Ec. L. Burn's Ecclesiasti- 
 cal Law. 
 
 Burn Jus. Burn's Justice of the Peace. 
 
 Burnet. Burnet's Manuscript Decisions, Scotch 
 Court of Session. 
 
 Burnett. Burnett's Wisconsin Reports; — Burnett's 
 Reports, vols. 20-22 Oregon. 
 
 ' Burr. Burrow's Reports, English King's Bench 
 ternp.^ Mansfield. 
 
 Burr. Ass. Burrill on Assignments. 
 
 Burr. Circ. Ev. Burrill on Circumstantial Evi- 
 dence. 
 
 Burr. Diet. Burrill's Law Dictionary. 
 
562 
 
 Appendix. 
 
 (Part VI 
 
 Burr. Prac. Burrill's Practice. 
 
 Burr. S. C. or Sett. Cas. Burrows's English Settle- 
 ment Cases. 
 
 Burr. Taxation. Burrouglas on Taxation- 
 
 Burr Tr. Burr's Trial. 
 
 Burr Tr, Rot). Burr's Trial, reported by Robert- 
 son. 
 
 Burrill. Burrill's Law Dictionary. 
 
 Burrill, Oirc. Ev. Burrill on Circumstantial Evi- 
 dence. 
 
 Burrill, Pr. Burrill's Practice. 
 
 Burrow. Burrow's Reports, English King's Bench. 
 
 Burrow, Sett. Cas. Burrow's English Settlement 
 Cases. 
 
 Burt. Bankr. Burton on Bankruptcy. 
 
 Burt. Cas. Burton's Collection of Cases and Opin- 
 ions. 
 
 Burt. Pari. Burton's Parliamentary Diary. 
 
 Burt. B. P. or Burt. Real Prop. Burton on Real 
 Property. 
 
 Burt. Sc. Tr. Burton's Scotch Trials. 
 
 Bust). Busbee's Law Reports, North Carolina Re- 
 ports, vol. 44. 
 
 Bust). Cr. Dig. Busbee's Criminal Digest, North 
 Carolina. 
 
 Bust). Eg. Busbee's Equity Reports, North Caro- 
 lina. 
 
 Bush. Bush's Reports, Kentucky. 
 
 Busw. & Wal. Pr. Buswell & Walcott's Practice, 
 Massacliusetts. 
 
 Butl. Co. Litt. Butler's Notes to Coke on Little- 
 ton. 
 
 Butl. Hor. Jur. Butler Horas Juridicze Subsecivae. 
 
 Butt's Sh. Butt's Edition of Shower's English 
 King's Bench Reports. 
 
 Buxton. Buxton's Reports, vols. 123-129 North 
 Carolina. 
 
 Byles, Bills. Byles on Bills. 
 
 Bynk. Bynkershoek on the Law of War. 
 
 Bynk. Jur. Pull. Bynkershoek Qusestiones Juris 
 Publici. 
 
 Bynk. Ohs. Jur. Rom. Bynkershoek, Observation- 
 um Juris Romani Libri. 
 
 Bynk. War. Bynkershoek on the Law of "War. 
 
 Bytli. Conv. Bythewood's Conveyancing. 
 
 Byth. Prec. Bythewood's Precedents. 
 
 C. Cowen's Reports, New York; — Connecticut; — 
 California; — Colorado ; — Canada (Province) ; — Codex 
 Juris Civilis. Code. Chancellor. Chancery. Chap- 
 ter. Case. 
 
 C. of S. Ca. 1st Series. Court of Session Cases, 
 First Series. By Shaw, Dunlop & Bell. Ct Sess. 
 (Sc). 
 
 C. of S. Ca. 2d Series. Court of Session Cases, Sec- 
 ond Series. By Dunlop, Bell & Murray. Ct. Sess. 
 (Sc). 
 
 C. of S. Ca. 3d Series, Court of Session Cases, 
 Third Series. By Macpherson, Lee & Bell. Ct. 
 Sess. (Sc). 
 
 C. of S. Ca. Jitji Series, Court of Session Cases, 
 Fourth Series. By Rettie, Crawford & Melville. 
 Ct. Sess. (Sc). 
 
 C. A. Court of Appeal ; Court of Arches ; Chan- 
 cery Appeals. 
 
 C. B. Chief Baron of the Exchequer; Common 
 Bench: English Common Bench Reports, by Man- 
 ning, Granger & Scott. 
 
 C. B. N. S. English Common Bench Reports, New 
 Series, by Manning, Granger & Scott. 
 
 C. B. R. Cour de Blanc de la Reine, Quebec 
 
 C. C. Circuit Court; Chancery Cases; Crown 
 Cases; County Court; City Court; Cases in Chan- 
 cery, English; Civil Code; Civil Code Francais, or 
 Code Napoleon; Cepi Corpus. 
 
 CCA, V. S. Circuit Court of Appeals Reports; 
 — Circuit Court of Appeals, United States; — County 
 Court Appeals, English. 
 
 C C C Choice Cases in Chancery, English ;— 
 Crown Circuit Companion. 
 
 C C Chr, or C C Chron, Chancery Cases Chron- 
 icle, Ontario. 
 
 C C E. Caines's Cases in Error, New York; — 
 Cases of Contested Elections. 
 
 C. C L. C Civil Code, Quebec. 
 
 C Com. Code de Commerce. 
 
 C C P. Code of Civil Procedure. 
 
 C. C R. City Courts Reports, New York City ;— 
 County Court Reports, Pa.;— Crown Cases Reserved. 
 
 C Cr. P. Code of Criminal Procedure. 
 
 C C Supp. City Court Reports, Supplement, New 
 York. 
 
 C C & B. B. Cepi Corpus and Bail Bond. 
 
 C C c6 C Cepi Corpus et Committitur. 
 
 C D. Commissioner's Decisions, United States 
 Patent Office ; — Century Digest; — Comyn's Digest. 
 
 C d'Et. Conseil d'Btat. 
 
 C E. Gr. C. B. Greene's New Jersey Equity Re- 
 ports. 
 
 C. F. Code Forestier. 
 
 C H. Rec. City Hall Recorder (Rogers), New 
 York City. 
 
 C. H. Rep. City Hall Reporter (Lomas), New 
 York City. 
 
 C H. d A. Carrow, Hamerton & Allen's New Ses- 
 sions Cases, English. 
 
 C. I. Constitutiones Imperiales. 
 
 C Instr. Cr, Code Instruction Criminelle. 
 
 C J, Chief Justice. 
 
 C J, C Couper's Justiciary Cases, Scotland. 
 
 C J. Can. Corpus Juris Canonici. 
 
 C. J. Civ. Corpus Juris Civilis. 
 
 C J. C P. Chief Justice of the Common Pleas. 
 
 C. J. K. B. Chief Justice of the King's Bench. 
 
 C J. Q. B. Chief Justice of the Queen's Bench. 
 
 C. J. V. B. Chief Justice of the Upper Bench. 
 
 C. L. Common Law. Civil Law. 
 
 C L, Ch, Common Law Chamber Reports, On- 
 tario. 
 
 C L, J. Central Law Journal, St. Louis, Mo. ; — 
 Canada Law Journal, Toronto. 
 
 C L. J. N. S, Canada Law Journal, New Series, 
 Toronto. 
 
 C L. N. Chicago Legal News. 
 
 C. L. P. Act. English Common Law Procedure Act. 
 
 C L. R. Common Law Reports, printed by Spot- 
 tiswoode; — English Common Law Reports. 
 
 C M. R. Crompton, Meeson & Roscoe's Reports, 
 English Exchequer. 
 
 C N. Code Napoleon. 
 
 C N. Conf. Cameron & Norwood's North Carolina 
 Conference Reports. 
 
 C. N. P. Cases at Nisi Prius. 
 
 C N. P. C Campbell's Nisi Prius Cases, English. 
 
 C. O. Commons' Orders. 
 
 C of C E. Cases of Contested Elections, United 
 States. 
 
 C. P. Code of Procedure; — Common Pleas; — Code 
 Penal. 
 
 C P. C Code of Civil Procedure, Quebec ;— Code 
 de Procfidure Civile; — Cooper's Practice Cases, Eng- 
 lish. 
 
 C P. Coop. C. P. Cooper's Reports, English. 
 
 C. P. C t. Br. C. P. Cooper's English Chancery 
 Reports tempore Brougham. 
 
 C P. C t. Cott. C. P. Cooper's English Chancery 
 Reports tempore Cottenham. 
 
 C P. D. or C. P. Div. Common Pleas Division, 
 English Law Reports (1875-18S0). 
 
 C. P. Q. Code of Civil Procedure, Quebec. 
 
 C P. Rep. or C P. Rept. Common Pleas Reporter, 
 Scranton, Pennsylvania. 
 
 C P. V. C Common Pleas Reports, Upper Canada. 
 
 C Pr. Code of Procedure ;— Code de Procedure 
 Civile. 
 
 C R. Chancery Reports;— Code Reporter, New 
 York. 
 
 C R. N. S. Code Reports, New Series, New York, 
 
 C Rob. or C. Rob. Adm, Christopher Robinson's 
 Reports on English Admiralty. 
 
 C S. Court of Session, Scotland. 
 
 C S. B. C. Consolidated Statutes, British Colum- 
 bia. 
 
 C S. C Consolidated Statutes of Canada, lSo9. 
 
 C. S. L. C Consolidated Statutes, Lower Canada. 
 
 C S. M. Consolidated Statutes of Manitoba. 
 
 C S. N. B. Consolidated Statutes of New Bruns- 
 wick. 
 
 C. S. V. C Consolidated Statutes of Upper Can- 
 ada, 1SJ9. 
 
 C S. d J. Gushing, Storey & Josselyn's Election 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 563 
 
 Cases. See vol. 1 Cushing's Election Cases, Massa- 
 chusetts. 
 
 C. S. & P. (Craigie, Stewart &) Paton's Scotch 
 Appeal Cases. 
 
 C. T. Constitutiones Tiberii. 
 
 C. Theod. Codex Theodosiani. 
 
 C. t. K. Cases tempore King (Macnaghten's Se- 
 lect Chancery Cases, English). 
 
 C. t. N. Cases tempore Northington (Eden's Eng- 
 lish Chancery Reports). 
 
 C. t. T. or C. t. Tail?, Cases tempore Talbot, Eng- 
 lish Chancery. 
 
 C. W. Dud. C. W. Dudley's Law or Equity Re- 
 ports, South Carolina. 
 
 C. W. Dudl. Eq. C. W. Dudley's Equity Reports, 
 South Carolina. 
 
 C.&A. Cooke & Alcock's Reports, Irish King's 
 Bench and Exchequer. 
 
 C d C. Coleman and Caine's Cases, New York. 
 
 C. & B. Corbett & Daniel's English Election Cas- 
 es; — Crawford & Dix's Abridged Cases, Irish. 
 
 C.dD.A.C. Crawford & Dix's Abridged Cases, 
 Irish. 
 
 C.&B.C.C. Crawford & Dix's Irish Circuit Cas- 
 es; — Crawford & Dix's Criminal Cases, Irish. 
 
 C.dE. Cabab€ & Ellis, English. 
 
 C. d F. Clark & Finnelly's Reports, English 
 House of Lords. 
 
 C. d H. Dig. Coventry & Hughes's Digest. 
 
 C. d J. Crompton &. Jervis's English Exchequer 
 Reports. 
 
 C d K. Carrington & Kirwan's Reports, English 
 Nisi Prius. 
 
 C.dL. Connor £: Lawson's Irish Chancery Re- 
 ports. 
 
 C. d L. C. C. Cane & Leigh's Crown Cases. 
 
 C. d L. Dig. Cohen & Lee's Maryland Digest. 
 
 C. & M. Crompton & Meeson's English Exchequer 
 Reports; — Carrington & Marshman's English Nisi 
 Prius Reports. 
 
 G. d Marsh. Carrington & Marshman's Reports, 
 English Nisi Prius. 
 
 C. d N. Cameron & Norwood's North Carolina 
 Conference Reports. 
 
 C. d O. R. Gas. or G. d O. R. R. C. Gas. Carrow & 
 Oliver's English Railway and Canal Cases. 
 
 G. & P. Carrington & Payne's English Nisi Prius 
 Reports; — Craig & Phillips's Chancery Reports. 
 
 G. d R. Cockburn & Rowe's Reports, English Elec- 
 tion Cases. 
 
 G. d S. Dig. Connor & Simonton's South Carolina 
 Digest. 
 
 Ga. Case;— Placita ;—Placitum;— Cases (see Cas.). 
 
 Ga. resp. Capias ad respondendum. 
 
 Ga. sa. Capias ad satisfaciendum. 
 
 Ga. t. Hard. Cases tempore Hardwicke. 
 
 Ga.t.K. Cases tempore King;— Cases tempore 
 King, Chancery. 
 
 Ga. t. Tall). Cases tempore Talbot, Chancery. 
 
 Ga. temp. F. Cases tempore Finch. 
 
 Ga. temp. H. Cases tempore Hardwicke, King's 
 Bench. 
 
 Ca. temp. Holt. Cases tempore Holt, King's Bench. 
 
 Gah. Lawy. The Cabinet Lawyer. 
 
 Gah. dE. or Gab. d El. Cabab6 & Ellis, English. 
 
 Gadw. Dig. Cadwalader's Digest of Attorney- 
 Generals' Opinions. 
 
 Gadxo. Or. Rents. Cadwalader on Ground Rents. 
 
 Gai. Gaines's Reports, Supreme Court, N. Y. ;— 
 Gaines's Term Reports, New York Supreme Court. 
 
 Gai. Gas. or Gai. Gas. Err. Gaines's New York Cas- 
 es in Error. 
 
 Gai. Inst. Gail or Gaii Institutiones. 
 
 Gai. Lex. Mer. Gaines's Lex Mercatoria. 
 
 Gai. Pr. Gaines's Practice. 
 
 Gai. T. R. Gaines's Term Reports, New York Su- 
 preme Court. 
 
 Gai. Visig. Gaines's Visigothicum. 
 
 Gain, or Gaines. Caines, New York ;— Gaines's Re- 
 ports, New York Supreme Court. 
 
 Cainea Gas. Gaines's Cases, Court of Errors, New 
 York. 
 
 Cairn's Dec. Cairn's Decisions in the Albert Ar- 
 bitration. 
 
 Cairna Dec. Cairns's Decisions, Reilly, English. 
 
 Gal. California ; — California Reports ;— Calthrop's 
 English King's Bench Reports; — Caldecott's English 
 Settlement Cases. 
 
 Cal. L. J. California Law Journal, San Francisco. 
 
 Cal. Leg. Adv. Calcutta Legal Advertiser, India. 
 
 Cal. Leg. Obs. Calcutta Legal Observer. 
 
 Cal. Leg. Rec. California Legal Record, San Fran- 
 cisco. 
 
 Cal. Prac. Hart's California Practice. 
 
 Cal. Rep. California Reports ; — Calthrop's Eng- 
 lish King's Bench Reports. 
 
 Cal. S. D. A. Calcutta Sudder dewanny Adawlut 
 Reports. 
 
 Cal. Ser. Calcutta Series Indian Law Reports. 
 
 Cal. Sew. Callis on Sewers. 
 
 Gal. W. R. Calcutta Weekly Reporter, India. 
 
 Gale. L. O. Calcutta Legal Observer. 
 
 Gald. Caldwell's Reports, vols. 25-36 West Vir- 
 ginia. 
 
 Gald. or Gald. J. P. or Gald. M. Gas. or Gald. S. C. 
 Caldecott's English Magistrate's (Justice of the 
 Peace) and Settlement Gases. 
 
 Gald. Arb. Caldwell on Arbitration. 
 
 Gald. Sett. Gas. Caldecott's Settlement Cases. 
 
 Gall. Call's Reports, Virginia. 
 
 Call. Mil. L. Callan's Military Laws. 
 
 Call. Sew. Callis on Sewers. 
 
 Galth. Calthorpe's Reports, English King's Bench. 
 
 Calth. Copyh. Galthorpe on Copyholds. 
 
 Calvin, or Calv. Lex. or Calvin. Lex. Jurid. Galvin- 
 us Lexicon Juridicum. 
 
 Calv. Par. Calvert on Parties to Suits in Equity. 
 
 Cam. Cameron's Reports, Upper Canada Queen's 
 Bench. 
 
 Gam. Grit. Camden's Britannia. 
 
 Cam. Due. Camera Ducata, Duchy Chamber. 
 
 Cam. Op. Cameron's Legal Opinions, Toronto. 
 
 Gam. Scac. or Gam. Scacc. Camera Scaccaria (Ex- 
 chequer Chamber). 
 
 Cam. Stell. Camera Stellata, Star Chamber. 
 
 CaTn. d N. or Gain, d Nor. Cameron & Norwood's 
 Reports, North Carolina Conference Reports, vol. 3. 
 
 Camd. Brit, or Camden. Camden's Britannia. 
 
 Camp. Camp's Reports, vol. 1 North Dakota;— 
 Campbell's English Nisi Prius Reports;— Campbell's 
 Reports, vols. 27-58 Nebraska. See also Campbell. 
 
 Gamp. Dec. or Campt. Dec. Campbell's Reports of 
 Taney's Decisions, U. S. Circuit Court ;— Campbell's 
 Decisions. 
 
 Camp. Ld. Ch. or Camp. Lives Ld. Ch. Campbell's 
 Lives of the Lord Chancellors. 
 
 Gamp. N. P. Campbell's Reports, English Nisi 
 Prius. 
 
 Campbell. Campbell's English Nisi Prius Re- 
 ports ;— Campbell's Reports of Taney's United States 
 Circuit Court Decisions; — Campbell's Legal Gazette 
 Reports, Pennsylvania;— Campbell's Reports, vols. 
 27-58 Nebraska. 
 
 Gamp. Neg. Campbell on Negligence. 
 
 Can. Canon. Canada. 
 
 Can. Exch. Canada Exchequer Reports. 
 
 Can. L. J. Canada Law Journal, Toronto. 
 
 Can. L. J. (L. C.J. Lower Canada Law Journal 
 Montreal. 
 
 Can. L. T. Canadian Law Times, Toronto, Canada. 
 
 Can. Mun. J. Canadian Municipal Journal. 
 
 Can. S. C. Rep. Canada Supreme Court Reports 
 
 Canad. Mo. Canadian Monthly. 
 
 Gane d L. Cane & Leigh's Grown Cases Reserved. 
 
 Gap. Capitulum. Chapter. 
 
 Cape Law J. Cape Law Journal, Grahamstown, 
 Gape of Good Hope. 
 
 Car. Carolina ;—Carolus; thus 13 Car. II., signi- 
 fies the thirteenth year of the reign of King 
 Charles II. 
 
 Car. Gr. L. Garrington's Criminal Law. 
 
 Car.^H.dA. Carrow, Hamerton & Allen's New 
 Sessions Gases, English. 
 
 Gar. L. Jour. Carolina Law Journal, Charlcstsn, 
 S. G. 
 
 Car. L. Rep. Carolina Law Repository, Raleigh, 
 N. G. 
 
 Car. O. d B. Carrow, Oliver & Bevan's Englir^. 
 Railway and Canal Cases. 
 
 Car. d K. or Car. d Kir. Carrington & Kirwan'.-^ 
 English Nisi Prius Reports. 
 
564 
 
 Appendix. 
 
 (Part VI 
 
 Car. & M. or Gav. £ fdar. Carriugton & Marsliman's 
 English Nisi Prius Reports. 
 
 Car. & O. or Car. & 01. Carrow & Oliver's Railway 
 and Canal Cases. 
 
 Car. d P. Carrington & Payne's Reports, English 
 Nisi Prius. 
 
 Carl. Carleton, New Brunswick. 
 
 Carp. Carpenter's Reports, California. 
 
 Carp. P. C. Carpmael's English Patent Cases. 
 
 Carpenter. Carpenter's Reports, vols. 52-53 Cali- 
 fornia. 
 
 Carr. Cas. Carran's Summary Cases, India. 
 
 Carr.^ Havi. d Al. Carrow, Hamerton & Allen's 
 New Sessions Cases, English. 
 
 Carr. cG K. Carrington & Kirwan. 
 
 Carrau. Carrau's Edition of "Summary Cases," 
 Bengal. 
 
 Cart. Cartwright's Cases, Canada; — Carter's Re- 
 ports, English Common Pleas. 
 
 Cart. (Ind.). Carter's Reports, Indiana. 
 
 Carta de For. Carta de Foresta. 
 
 Carter. Carter's English Common Pleas Reports, 
 same as Orlando Bridgman ;— Carter's Reports, vols. 
 1, 2, Indiana. 
 
 earth. Carthew's Reports, English King's Bench. 
 
 Cartm. Trade M. Cas. Cartmell's Trademark Cases. 
 
 Cartio. Const. Cas. Cartwright's Constitutional 
 Cases. 
 
 Cary. Cary's Reports, English Chancery. 
 
 Cary Part. Cary on Partnership. 
 
 Cos. Casey's Reports, vols. 25-36 Pennsylvania 
 State. 
 
 Cas. App. Cases on Appeal to the House of Lords. 
 
 Cos. Arg. £ Dec. Ch. Cases Argued and Decreed 
 in Chancery, English. 
 
 Cos. B. R. Cases Banco Regis tempore William 
 III. (12 Modern Reports). 
 
 Cos, B. B. Holt. Cases and Resolutions (of set- 
 tlements ; not Holt's King's Bench Reports). 
 
 Cos. Ch. Cases in Chancery, English;— Select Cas- 
 es in Chancery;— Cases in Chancery (9 Modern Re- 
 ports). 
 
 Cas. C. L. Cases in Crown Law. 
 
 Cos. Ch. 1, Z, S. Cases in Chancery temp. Car. II. 
 
 Cos. Eq. Cases in equity, Gilbert's Reports ;— 
 Cases and Opinions in Law, Equity, and Convey- 
 ancing. 
 
 Cas. Eq. Air. Cases in Equity Abridged, English. 
 
 Cas. P. T. Cases tempore Talbot, by Forrester, 
 English Chancery. 
 
 Cas. H. L. or Cos. H. of L. Cases in the English 
 House of Lords. 
 
 Cos. in C. Cases in Chancery;— Select Cases in 
 Chancery. 
 
 Cas. in P. or Cas. Pari. Cases in Parliament. 
 
 Cos. K. B. Cases in King's Bench (8 Modern Re- 
 ports). 
 
 Cos. K. B. t. PI. or Cas. K. B. t. Hardio. Cases 
 temp. Hardwicke, W. Kelynge's Reports, English 
 King's Bench. 
 
 Cas. L. dc Eq. Cases in Law and Equity (10 Mod- 
 ern Reports); — Gilbert's Cases in Law and Equity, 
 English. 
 
 Cos. P. or Cos. Pari. Cases in Parliament. 
 
 Cas. Pr. Cases of Practice in the Court of the 
 King's Bench, from Eliz. to U Geo. III. 
 
 Cos. Pr. or Cos. Pr. C. P. (Cooke). Cooke's Practice 
 Cases, English Common Pleas. 
 
 Cos. Pr. K. B. Cases of Practice, English King's 
 Bench. 
 
 Cas. R. Casey's Reports, Pennsylvania State Re- 
 ports, vols. 25-36. 
 
 Cas. S. C. (Cape of G. H.). Cases in the Supreme 
 Court, Cape of Good Hope. 
 
 Cas. Self Def. Cases on Self Defence, Horrigan & 
 Thompson's. 
 
 Cos. Sett. Cases of Settlement, King's Bench. 
 
 Cos. Six Cir. Cases in the Six Circuits, Ireland. 
 
 Cas. t. Ch. IT. Cases temp. Charles II., in vol. 3 
 of Reports in Chancery. 
 
 Cas. t. F. Cases tempore Finch, English Chancery. 
 
 Cas. t. Geo. I. Cases tempore George I., English 
 Chancery, Modern Reports, vols. 8 and 9. 
 
 Cas. t. H. or Cas. t. Hardwieke. Cases tempore 
 Hardwicke, English King's Bench (Ridgway, Lee, 
 
 or Annaly); — West's Chancery Reports, tempore 
 Hardwicke. 
 
 Cos. t. Holt or Cas. t. H. Cases tempore Holt. 
 English King's Bench ;— Holt's Reports. 
 
 Cas. t. K. Select Cases tempore King, English 
 Chancery (edited by Macnaghten) ; — Moseley's Chan- 
 cery Reports, te?npore King. 
 
 Cas. t. Lee (Philli^nore's). Cases temp. Lee, Eng- 
 lish Ecclesiastical. 
 
 Cos. t. Mac. Cases temi^ore Macclesfield, Modern 
 Reports, vol. 10, Lucas's Reports. 
 
 Cas. t. Nap. Cases tempore Napier, by Drury, 
 Irish Chancery. 
 
 Cas. t. North. Cases temp. Northington (Eden's 
 English Chancery Reports). 
 
 Cos. t. Plunk. Cases tempore Plunkett, by Lloyd 
 & Gould, Irish Chancery. 
 
 Cos. t. Q. A. Cases tevipore Queen Anne, Modern 
 Reports, vol. 11. 
 
 Cas. t. Sugd. Cases tempore Sugden, Irish Chan- 
 cery. 
 
 Cos. t. Tal. Cases tempore Talbot, English Chan- 
 cery, Forrester's Reports. 
 
 Cas. t. Wm-. in. Cases tempore William III., Mod- 
 ern Reports, vol. 12. 
 
 Cos. Tak. li Adj. Cases Taken and Adjudged (first 
 edition of Reports in Chancery). 
 
 Cos. Wm. I. BIgelow's Cases, William I. to Rich- 
 ard I. 
 
 Cos. w. Op. or Cas. £ Op. Cases with Opinions of 
 Eminent Counsel. 
 
 Casey. Casey's Reports, Pennsylvania State Re- 
 ports, vols. 25-36. 
 
 Cass. Dig. Cassel's Dige&t, Canada. 
 
 Cass. Sup. C. Prac. Cassel's Supreme Court Prac- 
 tice, 2d edition by Masters. 
 
 Ca-'ille Com. Castle on Law of Commerce. 
 
 Cav. Money Sec. Cavanaugh's Law of Money Se- 
 curities. 
 
 Cav. Deb. Cavendish's Debates, House of Com- 
 mons. 
 
 Cawl. Cawley's Laws against Recusants. 
 
 Cay Abr. Cay's Abridgment of the Statutes. 
 
 Cel. Tr. Burke's Celebrated Trials. 
 
 Cent. Diet. Century Dictionary. 
 
 Cent. Dig. Century Digest. 
 
 Centr. Cr. C. R. Central Criminal Court Reports, 
 English. 
 
 Centr. L. J. Central Law Journals, St. Louis, Mo. 
 
 Ceyl. Leg. Misc. Ceylon Legal Miscellany. 
 
 Ch. 
 [1891] Ch. English Chancery Cases ; Law Re- 
 ports, 1st Series. 1891. 
 [1892] Ch. Same for 1892, etc. 
 
 Ch. App. Cas. Chancery Appeal Cases, English 
 Law Reports. 
 
 Ch.BurnJ. Chitty Burn's Justice. 
 
 Ch. Cal. Chancery Calendar. 
 
 Ch. Cas. Cases in Chancery. 
 
 Ch. Cas. Ch. Choice Cases in Chancery. 
 
 Ch. Ch. or Ch. Cham. (Ont.J. Chancery Chambers's 
 Reports, Ontario. 
 
 C;i. CoL Op. Chalmers's Colonial Opinions. 
 
 C/i. D. Chancery Division English Law Reports. 
 
 Ch. Dig. Chaney's Digest, Michigan Reports. 
 
 Ch. Div. Chancery Division, English Law Reports. 
 
 Ch. J. Chief Justice. Chief Judge. 
 
 Ch. Pr. Chancery Practice. 
 
 Ch. Pre. or Ch. Free. Precedents in Chancery. 
 
 Ch. R. OT Ch. Repts. Reports in Chancery. 
 
 Ch. R. M. R. M. Charlton's Georgia Reports. 
 
 (It. Rep. Reports in Chancery ;— Irish Chancery 
 Reports. 
 
 Ch. Kent. Chancery Sentinel, Saratoga, New York. 
 
 Cli. T. U. P. T. U. P. Charlton's Georgia Reports. 
 
 Ch. & CI. Cas. Cripp's Church and Clergy Cases. 
 
 Chal. Op. Chalmer's Colonial Opinions. 
 
 C;io,)i. or C7iom6. Chamber Reports, Upper Can- 
 ada. 
 
 Chamb. Ch. Jur. 
 tioii. 
 
 Chamb. Dig. P. H. C. Chambers's Digest of Public 
 Health Cases. 
 
 Clianib. L. £T. Chambers on Landlord and Ten- 
 ant. 
 
 Chambers's Chancery Jurisdic- 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 565 
 
 Chamb. Rep, Chancery Chamber Reports, On- 
 tario. 
 
 Cham'ber. Chamber Reports, Upper Canada. 
 
 Chan. Chaney's Reports, vols. 37-58 Michigan ;— 
 Chancellor ;— Chancery (see Ch.). 
 
 Chanc, Chancery (see Ch.). ' 
 
 Chance. Chance on Powers. 
 
 Chand. Chandler's Reports, Wisconsin ;— Chand- 
 ler's Reports, vols. 20, 38-44 New Hampshire. 
 
 Chand. Cr. Tr. or Chand. Grim. Tr. Chandler's 
 American Criminal Trials. 
 
 Chand. N. B. Chandler's Reports, New Hamp- 
 shire, vols. 20 and 3S-44. 
 
 Chaney. Chaney's Reports, vols. 37-58 Michigan. 
 
 Chapl. Cas. Crim. L. Chaplin's Cases on Criminal 
 Law. 
 
 Char. Merc. Charta Mercatoria. 
 
 Chart. Pr. Cas. Charley's English Practice Cases 
 (Judicature Act). 
 
 Charl. B. P. Stat. Charley's Real Property Stat- 
 utes. 
 
 Charlt. R. M. R. M. Charlton's Georgia Reports. 
 
 Charlt. T. U. P. Charlton's Reports, Georgia. 
 
 Chase. Chase's Decisions by Johnson, U. S. 4th 
 Circuit. 
 
 Chase Tr. Chase's Trial by the U. S. Senate. 
 
 Cher. Cas. Cherokee Case. 
 
 Chest. Cas. Case of the City of Chester, on Quo 
 Warranto. 
 
 Chev. Cheves's Law Reports, South Carolina. 
 
 Chev. Ch. or Chev. Eq. or Cheves. Cheves's Chan- 
 cery or Equity Reports, South Carolina. 
 
 Chic. L. B. Chicago Law Bulletin, Illinois, 
 
 Chic. L. J. Chicago Law Journal. 
 
 Chic. L. Rec. Chicago Law Record. 
 
 Chic. L. T. Chicago Law Times. 
 
 Chic. Leg. News. Chicago Legal News. 
 
 Chip. Chipman's Reports, New Brunswick. 
 
 Chip, Contr. Chipman on Contracts. 
 
 Chip. D. D. Chipman's Reports, Vermont. 
 
 Chip. M8. Reports printed from Chipman's Man- 
 uscript, New Brunswick. 
 
 Chip. N. N. Chipman's Reports, Vermont. 
 
 Chip. W. Chipman's New Brunswick Reports. 
 
 Chit, or Chitt. Chitty's English Bail Court Re^ 
 ports. 
 
 Chit. App. Chitty on Apprentices and Journey 
 men. 
 
 Chit. Arch. Pr. Chitty's Archbold's Practice. 
 
 Chit. B. C. Chitty's Bail Court Reports, English. 
 
 Chit. Bills. Chitty on Bills. 
 
 Chit. Bl. Comm. or Chit. Bla. Com. Chitty's Black- 
 stone's Commentaries. 
 
 Chit. Burn's J. Chitty Burn's Justice. 
 
 Chit. Car. Chitty on Carriers. 
 
 Chit. Com. L. or Chit. Com. Law. Chitty on Com- 
 mercial Law. 
 
 Chit. Cont. or Chit. Contr. Chitty on Contracts. 
 
 Chit. Cr. L. or Chit. Crim. Law. Chitty on Criminal 
 Law. 
 
 Chit. Des. Chitty on the Law of Descent. 
 
 Chit. Eq. Dig. Chitty's Equity Digest. 
 
 Chit. F. Chitty's Forms. 
 
 Chit. G. P. or Chit. Gen. Pr. Chitty's General Prac- 
 tice. 
 
 Chit. Jr. Bills. Chitty, Junior, on Bills. 
 
 Chit. L. of N. Chitty's Law of Nations. 
 
 Chit. Med. Jur. Chitty on Medical Jurisprudence. 
 
 Chit. PI. Chitty on Pleading. 
 
 Chit. Pr. or Chit. Prac. Chitty's General Practice. 
 
 Chit. Prec. Chitty's Precedents in Pleading. 
 
 Chit. Prer. Chitty's Prerogatives of the Crown. 
 
 Chit. Rep. Chitty's Reports, English Bail Court. 
 
 Chit. St. or Chit. Stat. Chitty's Statutes of Prac- 
 tical Utility. 
 
 Chitt. Chitty's Reports, English Bail Court. 
 
 Cho. Cas. Ch. Choice Cases in Chancery. 
 
 Chr. Pr. W. Christie's Precedents of Wills. 
 
 Chr. Rep. Chamber Reports, Upper Canada. 
 
 Chr. Rob. Christopher Robinson's English Admir- 
 alty Reports. 
 
 Christ. B. L. Christian's Bankrupt Laws. 
 
 Churchill <£ Br, Sh, Churchill and Bruck on Sher- 
 iffs. 
 
 Chute, Eq. Chute's Equity under the Judicature 
 Act. 
 
 Cic. Frag, de Repub. Cicero, Pragmenta de Repub- 
 lica. 
 
 Cin.LawBul. Cincinnati Law Bulletin, Cincin- 
 nati, Ohio. 
 
 Cin. Mun. Dec. Cincinnati Municipal Decisions. 
 
 Cin. Rep. or Cine. (Ohio). Cincinnati Superior 
 Court Reports. 
 
 C'i/r. Ct. in Eq. Circuit Court in Equity. 
 
 City C. Rep. or City Ct. R. City Court Reports, 
 New York City. 
 
 City Ball Rec. Rogers's City Hall Recorder, New 
 York. 
 
 City Ball Rep. Lumas's City Hall Reporter, New 
 York. 
 
 City Rec. City Record, New York. 
 
 Civ. Code. Civil Code. 
 
 Viv. Code Prac. Civil Code of Practice. 
 
 Civ. Pro. or Civ. Proc. R. or Civ. Proc. Rep. (N. 
 Y.). Civil Procedure Reports, New York. 
 
 CI. App. Clark's Appeal Cases, English House of 
 Lords. 
 
 CI. Ass. Clerk's Assistant. 
 
 CI. Ch. Clarke's Chancery Reports, N. Y, 
 
 CI. Col. Clark's Colonial Law. 
 
 CI. Cr. L. Clarke, Criminal Law. 
 
 CI. Elec. Clark on Elections. 
 
 CI. Extr. Clarke on Extradition. 
 
 CI. Borne. Clerk Home, Scotch Session Cases. 
 
 CI. Borne R. Clerk Home Scotch Reports. 
 
 CI. Ins. Clarke on Insurance. 
 
 CI. R. L. Clarke's Early Roman Law. 
 
 CI. dc F. or CI. d Fin. Clark & Pinnelly's Reports, 
 English House of Lords. 
 
 CI. c& Fin. N. S. Clark & Finnelly's Reports, New 
 Series, English House of Lords. 
 
 Clan. B. d W. Clancy on Husband and Wife. 
 
 CI. d B. Clarke & Hall's Congressional Election 
 Cases. 
 
 Clan. Mar. Worn. Clancy on Married Women. 
 
 Clar. Pari. Chr. Clarendon's Parliamentary Chron- 
 icle. 
 
 Clark. Clark's Appeal Cases, English House of 
 Lords. 
 
 Clark (Ala.). Clark's Reports, Alabama Reports, 
 vol. 58. 
 
 Clark Dig. Clark's Digest, House of Lords Re- 
 ports. 
 
 Clark Lease. Clark's Inquiry into the Nature of 
 Lea^^os. 
 
 Clark (Pa.). Clark's Pennsylvania Law Journal 
 Reports. 
 
 Clark d F. or Clark & Fin. Clark & Finnelly's Re- 
 ports, English House of Lords. 
 
 Clark d Fin. N. S. Clark & Pinnelly's Reports, 
 New Series, English House of Lords. 
 
 Clarke. Clarke's New York Chancery Reports ;— 
 Clarke's edition of vols. 1-8 Iowa ; — Clarke's Re- 
 ports, vols. 19-22 Michigan ;— Clarke's Notes of Cas- 
 es, Bengal. See, also, Clark. 
 
 Clarke (Iowa). Clarke's Reports, vols. 1-8 Iowa. 
 
 Clarke (Mich.). Clarke's Reports, vols. 19-22 
 Michigan. 
 
 Clarke (N. Y.). Clarke's New York Chancery Re- 
 ports. 
 
 Clarke Adm. Pr. Clarke's Admiralty Practice. 
 
 Clarice Bills. Clarke on Bills, Notes, and Checks. 
 
 Clarke Ch. ov Clarke Ch. R. Clarke's New York 
 Chancery Reports. 
 
 Clarke Cr. L. Clarke on Criminal Law, Canada. 
 
 Clarke Ins. Clarke on Insurance, Canada. 
 
 Clarke Not., or Clarke Not. R. d O. Clarke's Notes 
 of Cases, in his Rules and Orders, Bengal. 
 
 Clarke Prax. Clarke's Praxis. 
 
 Clarke d B. Elec. Cas. Clarke & Hall's Cases of 
 Contested Elections in Congress. 
 
 Clay. Conv. Clayton's Conveyancing. 
 
 Clayt. Clayton's Reports, English York Assize. 
 
 Cleir. Us et Cout. Cleirac, Us et Coutumes de la 
 Mer. 
 
 Clem. Clemens's Reports, vols. 57-59 Kansas. 
 
 Clem. Corp. Sec. Clemens on Corporate Securities. 
 
 Clerk Borne. Clerk Home's Decisions, Scotch 
 Court of Session. 
 
566 
 
 Appendix. 
 
 (Part VI 
 
 Clerke Dig. Gierke's Digest, New York. 
 
 Gierke Pr. Gierke's Praxis Admiralitatis. 
 
 Gierke Rud. Gierke's Rudiments of American Law 
 and Practice. 
 
 Clev. Bank. Gleveland on the Banking System. 
 
 Clev. L. Rec. Cleveland (Ohio) Law Record. 
 
 Clev. L. Rev'r. Cleveland Law Reporter. 
 
 cut. Clifford's United States Circuit Court Re- 
 ports. 
 
 CUf. (South.) El. Cos. Clifford's Southwick Elec- 
 tion Cases. 
 
 CliJ. & R. Clifford & Richard's English Locus 
 Standi Reports. 
 
 CU1. & Rick. Clifford 6 Rickard's English Locus 
 Standi Reports. 
 
 CUf. & St. Clifford & Stephens's English Locus 
 Standi Reports. 
 
 Cliff. Clifford's Reports, U. S. 1st Circuit. 
 
 Cliff. El. Cas. Clifford's Election Cases. 
 
 CUftEnt. Cliffs Entries. 
 
 Clin. Dig. Clinton's Digest, New York Reports. 
 
 Clin. £ Sp. Dig. Clinton & Spencer's Digest. 
 
 elk. Mag. Clerk's Magazine, London ; — Rhode Is- 
 land Clerk's Magazine. 
 
 Clode. Clode's Martial Law. 
 
 Clow L. C. on Torts. Clow's Leading Cases on 
 Torts. 
 
 Clusk. P. T. Gluskey's Political Text Book. 
 
 Co. County ;— Company ;— Coke's Reports, English 
 King's Bench. 
 
 Co. B. L. Cooke's Bankrupt Law. 
 
 Co. Cop. Coke's Copyholder. 
 
 Co. Ct. Cas. County Court Cases, English. 
 
 Co. Ct. Ch. County Court Chronicle, English. 
 
 Co. Ct. Rep. County Court Reports, Pa. 
 
 Co. Cts. Coke on Courts (4th Inst.). 
 
 Co. Ent. Coke's Entries. 
 
 Co. O. Reports and Cases of Practice In Common 
 Pleas tempore Anne, Geo. I., and Geo. II., by Sir 
 G. Coke. (Same as Cooke's Practice Reports.) 
 
 Co. hist. Coke's Institutes. 
 
 Co. Litt. The First Part of the Institutes of the 
 Laws of England, or a Commentary on Littleton, by 
 Sir Edward Coke. 
 
 Co. M. C. Coke's Magna Charta (2d Inst.). 
 
 Co. P. C. Coke's Pleas of the Crown (3d lust.) ;— 
 Coke's Reports, English King's Bench. 
 
 Co. Pal. County Palatine. 
 
 Co. PI. Coke's Pleadings (sometimes published 
 separately). 
 
 Co. R. (N. Y.). Code Reporter, New York. 
 
 Co. Rep. Coke's Reports, English King's Bench. 
 
 Co. R. N. S. Code Reporter, New Series. 
 
 Cobb. Cobb's Reports, vols. 4-20 Georgia ;— Cobb's 
 Reports, vol. 121 Alabama. 
 
 Cobb. Cas. Int. L. Cobbett's Cases on International 
 Law. 
 
 Cobb. Pari. Hist. Cobbett's Parliamentary History. 
 
 Cobb. Pol. Reg. Cobbett's Political Register. 
 
 Cobb Slav. Cobb on Slavery. 
 
 Cobb. St. Tr. Cobbett's (afterwards Howell's) State 
 Trials. 
 
 Cochr. Cochran's Nova Scotia Reports ;— Cooh- 
 rane's Reports, vols. 3-10 North Dakota. 
 
 Cock. Nat. Cockburn on Nationality. 
 
 Cock. Tich. Co. Cockburn's Charge in the Tlch- 
 borne Case. 
 
 Cocfc. <£ Rowe. Cockburn and Rowe's English 
 Election Cases. 
 
 Cocke. Cocke'a Reports, vols. IH-IS Alabama; — 
 Cocke's Reports, vols. 14, 15 Florida. 
 
 Cocke (Fla.). Cocke's Reports, Florida Reports, 
 vols. 14, 15. 
 
 Cocke Const. His. Cocke's Constitutional History. 
 
 Cocke Pr. Cocke's Practice in the U. S. Courts. 
 
 Cod. Codex Justiniani. 
 
 Cod. Jur. Civ. Codex Juris Civilis;— Justinian's 
 Code. 
 
 Cod. Theodos. Codex Theodorianus. 
 
 Code. Criminal Code of Canada, 1892. 
 
 Code Civ. Code Civil, or Civil Code of France. 
 
 Code Civ. Pro. or Code Civ. Proc. Code of Civil Pro- 
 cedure. 
 
 Code Civil. Code Civil or Civil Code of France. 
 
 Code Comm. Code de Commerce, 
 
 Code Cr. Pro. or Code Cr. Proc. Code of Criminal 
 Procedure. 
 
 Code de Com. Code de Commerce. 
 
 Code d'Instr. Grim. Code d'Instruction Criminelle. 
 
 Code F. Code Porestier. 
 
 Code I. Code d'Instruction Criminelle. 
 
 Code La. Civil Code of Louisiana. 
 
 Code N. or Code Nap. Code Napoleon, French Civil 
 Code. 
 
 Code P. Code Ptaal. 
 
 Code Pro. Code de Procedure Civile; — Code ol 
 Procedure. 
 
 Code Rep. Code Reporter, New York. 
 
 Code Rep. N. S. or Code R. N. S. Code Reports, New 
 Series. 
 
 Cof. Dig. Gofer's Digest, Kentucky. 
 
 Coffey Prov. Dec. Coffey's Probate Decisions. 
 
 Cogh. Epit. Coghlan's Epitome ol Hindu Law 
 Cases. 
 
 Coke. Coke's English King's Bench Reports (cited 
 by parts and not by volume). 
 
 Coke Inst. Coke's Institutes. 
 
 Coke Lit. Coke on Littleton. 
 
 Col. Colorado: — Colorado Reports; — Coldwell's Re- 
 ports, Tennessee; — Coleman's Reports, vols. 99, 101- 
 106, 110-142, Alabama ;— Column. 
 
 Col. App, Colorado Appeals. 
 
 Col. Cas. Coleman's Cases (of Practice), New 
 York. 
 
 Col. C. C. Collyer's English Chancery Cases. 
 
 Col. L. J. Colonial Law Journal, New Zealand. 
 
 Col. L. Rep. Colorado Law Reporter. 
 
 Col. Law Revieio. Columbia Law Review. 
 
 Col. d Cai. or Col. d Cai. Cas. Coleman & Gaines's 
 Cases, New York. 
 
 Coi6. Pr. Colby's Practice. 
 
 Cold, or Coldw. Coldwell's Tennessee Reports. 
 
 Cole. Cole's' edition of Iowa Reports ; — Coleman's 
 Reports, vols. 99, 101-106, 110-142 Alabama. 
 
 Cole. Cas. Pr. Coleman's Cases, New York. 
 
 Cole. Dig. Colebrooke's Digest of Hindoo Law. 
 
 Cole Eject. Cole's Law and Practice in Ejectment. 
 
 Cole Inf. Cole on Criminal Information. 
 
 Cole. & C. Coleman & Gaines's Cases, New York. 
 
 Coll. Colles's Parliamentary Cases. 
 
 Coll. or Coll. C. C. Collyer's English Chancery 
 Cases. 
 
 Coll. Caus. Cel. Collection des Causes Celebres, 
 Paris. 
 
 Coll. Contrib. Collier's Law ol Contributories. 
 
 Coll. Id. Collinson on the Law Concerning Idiots. 
 
 Coll. Jur. Collectanea Juridica. 
 
 Coll. Min. C'oUier on Mines. 
 
 Coll. Part. Collyer on Partnership. 
 
 CoH. P. C. or Coll. Pari. Cas. Colles's English Par- 
 liamentary (House of Lords) Gases. 
 
 Coll. Pat. Collier on the Law ol Patents. 
 
 Coll. & E. Bank. Collier and Eaton's American 
 Bankruptcy Reports. 
 
 Colics. Colles's English Parliamentary Gases. 
 
 Collin. Lun. Collinson on Lunacy. 
 
 Colly. Collyer's English Vice Chaucellors's Re- 
 ports. 
 
 Colly. Partn. Collyer on Partnerships. 
 
 Colo. Colorado Reports. 
 
 Colq. Colquit's Reports (1 Modern Reports). 
 
 Colq. C. L. Colquhoun's Civil Law. 
 
 Colq. R. Golquit's Reports (1 Modern). 
 
 Colq. Rom. Civil Law. Colquhoun's Roman Civil 
 Law. 
 
 Colt. Coltman, Reg. App. Gas. 
 
 Colt. Ren. Ca. or Colt. Reg. Cas. Goltman's Regis- 
 tration Gases. 
 
 Colum. Law T. Columbia Law Times. 
 
 Colvil. Colvil's Manuscript Decisions, Scotch 
 Court of Session. 
 
 Com. Comyn's Reports, English King's Bench;— 
 Comberbach's English King's Bench Reports ;— 
 Comstock's Reports, vols. 1-4 New York Court of 
 Appeals;— Communes, or Extravagantes Communes; 
 —Commissioner;— Commentary ;— Blackstone's Com- 
 mentaries. 
 
 Com. B. English Common Bench Reports, by 
 Manning, Granger & Scott. 
 
 Com. B. N. 8. English Common Bench Reports, 
 New Series, by Manning, Granger & Scott. 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 567 
 
 Com. Cas. Commercial Cases, England. 
 
 Com. Cant. Comyn on Contracts. 
 
 Com. Dig. Comyn's Digest. 
 
 CoTn. Jour. Journals of the House of Commons. 
 
 Co'in. Law. Commercial Law ;— Common Law. 
 
 Com. L. R. or Com. Laio R. or Com. Law Rep. Eng- 
 lish Common Law Reports;— Common Law Reports, 
 published by Spottiswoode. 
 
 Com. L. d T. Comyn on Landlord and Tenant. 
 
 Com. P. Div. Common Pleas Division, English 
 Law Reports. 
 
 Com. PL Common Pleas, English Law Reports. 
 
 Com,. PI. Div. Common Pleas Division, English 
 Law Reports. 
 
 Covi. P. Reptr. Common Pleas Reporter, Scran- 
 ton, Penna. 
 
 Com. U. Comyn on Usury. 
 
 Com. £ Leg. Rep. Commercial and Legal Report- 
 er, Nashville, Tenn. 
 
 Comb. Comberbach's Reports, English King's 
 Bench. 
 
 Comp. Dec. Comptroller's Decisions. 
 
 Co7np. Laws. Compiled Laws. 
 
 Comp. St. Compiled Statutes. 
 
 Corns. Comstock's Reports, New York Ct. of Ap- 
 peals Reports, vols, 1-4. 
 
 Coms. Ex. Comstock on Executors. 
 
 Co'mst. Comstock's Reports, New Tork Court of 
 Appeals, vols. 1-4. 
 
 Comyn. Comyn's Reports, English King's Bench 
 and Common Pleas. 
 
 Comyns's Dig. Comyns's Digest, English. 
 
 Con. Conover's Reports, Wisconsin; — Continua- 
 tion of Rolle's Reports (2 RoUe) ; — Connoly, New 
 York Criminal. 
 
 Con. Cus. Conroy's Custodian Reports. 
 
 Con. Dig. Connor's Digest. 
 
 Con. Par. Connell on Parishes. 
 
 Con. d Law. Connor & Lawson's Reports, Irish 
 Chancery. 
 
 Com. d Sim,. Connor & Simonton's Equity Digest. 
 
 Cond. Condensed. 
 
 Cond. Ch. R. or Cond. Eng. Ch. Condensed English 
 Chancery Reports. 
 
 Co7id. Eccl. or Cond. Ecc. R. Condensed Ecclesias- 
 tical Reports. 
 
 Cond. Eng. Ch. Condensed English Chancery Re- 
 ports. 
 
 Cond. Exch. R. or Cond. Ex. R. Condensed Excheq- 
 uer Reports. 
 
 Cond. Rep. U. S. Peter's Condensed United States 
 Reports. 
 
 Condy Mar. Marshall's Insurance, by Condy. 
 
 Conf. Cameron & Norwood's Conference Reports, 
 North Carolina. 
 
 Conf. Chart. Conflrmatio Chartarum. 
 
 Cong. El. Cas. or Cong. Elect. Cas. Congressional 
 Election Cases. 
 
 Cong. Rec. Congressional Record, Washington. 
 
 Congr. Globe. Congressional Globe, Washington. 
 
 Congr. Rec. Congressional Record, Washington. 
 
 Conic. Adm,. Conkling's Admiralty. 
 
 Conk. Jur. d Pr. or Conic. Pr. Conkling's Jurisdic- 
 tion and Practice, U. S. Courts. 
 
 Conn, Connecticut ;— Connecticut Reports ; — Con- 
 noly, New York, Surrogate. 
 
 Connolly. Connolly, New York Surrogate. 
 
 Conover. Conover's Reports, vols. 16-153 Wiscon- 
 sin. 
 
 Conr. Conroy's Custodian Reports, Irish. 
 
 Cons, del Mare. Consolato del Mare. 
 
 Cons. Ord. in Ch. Consolidated General Orders in 
 Chancery. 
 
 CoTisist. or Consist. Rep. English Consistorial Re- 
 ports, by Haggard. 
 
 Consolid. Ord. Consolidated General Orders in 
 Chancery. 
 
 Const. Constitution;— Constitutional Reports, South 
 Carolina, by Mill ;— Constitutional Reports, South 
 Carolina, by Treadway;— Constitutional Reports, 
 vol. 1 South Carolina, by Harper. 
 
 Const. Hist. Hallam's Constitutional History of 
 England. 
 
 Const. N. 8. Constitutional Reports (Mill), South 
 Carolina, New Series. 
 
 Const. 0th. Constitutiones Othoni (found at the 
 end of Lyndewood's Provinciale). 
 
 Const. S. G. Treadway's Constitutional Reports, 
 South Carolina. 
 
 Const. (N. S.) S. C. Mill's Constitutional Reports, 
 New Series, South Carolina. 
 
 Const. U. S. Constitution of the United States. 
 
 Consuet. Feud. Consuetudines Feudorum, or the 
 Book of Forms. 
 
 Gout. Contra. 
 
 Goo. d Al. Cooke & Alcock's Irish King's Bench 
 Reports. 
 
 Cook V. Adm. Cook's Vice-Admiralty Reports, 
 Nova Scotia. 
 
 Cooke. Cooke's Cases of Practice, English Com- 
 mon Pleas; — Cooke's Reports, Tennessee. 
 
 Cooke (Tenn.). Cooke's Reports, Tennessee. 
 
 Cooke Agr. T. Cooke on Agricultural Tenancies. 
 
 Cooke B. L, Cooke's Bankrupt Law. 
 
 Cooke Cop. Cooke's Law of Copyhold Enfran- 
 chisements. 
 
 Cooke Def. Cooke's Law of Defamation. 
 
 Cooke I. A. or Gooke, Incl. Acts. Cooke's Inclosure 
 Acts. 
 
 Gooke Pr. Gas. Cooke's Practice Reports, English 
 Common Pleas. 
 
 Cooke Pr. Reg. Cooke's Practical Register of the 
 Common Pleas. 
 
 Gooke & Al. or Gooke & Ale. Cooke & Alcock's Re- 
 ports, Irish King's Bench. 
 
 Gooke d H. Cooke & Harwood's Charitable Trust 
 Acts. 
 
 Gooley. Cooley's Reports, vols. 5-12 Michigan. 
 
 Gooley Const. L. Cooley on Constitutional Law. 
 
 Gooley Const. Lim. Cooley on Constitutional Lim- 
 itations. 
 
 Cooley Tax. Cooley on Taxation. 
 
 Cooley Torts. Cooley on Torts. 
 
 Coop. Cooper's Tennessee Chancery Reports;— 
 Cooper's Reports, vols. 21-24 Florida;— Cooper's Eng- 
 lish Chancery Reports tempore Bldon;— Cooper's 
 English Chancery Reports tempore Cottenham;— 
 Cooper's English Chancery Reports tempore Brough- 
 am ;— Cooper's English Practice Cases, Chancery. 
 
 Coop. (Tenn.). Cooper's Reports, Tennessee. 
 
 Coop. C. G. or Coop. Cas. Cooper's Chancery Cases 
 temjy. Cottenham. 
 
 Coop. C. d P. R. Cooper's Chancery and Practice 
 Reporter, Upper Canada. 
 
 Coop. Ch. Cooper's Tennessee Chancery Reports. 
 
 Co-op. Dig. Co-operative Digest, United States 
 Reports. 
 
 Coop. Eq. PI. Cooper's Equity Pleading. 
 
 Coop. Inst, or Coop. Jus. Cooper's Institutes of 
 Justinian. 
 
 Coop. Med. Jur. Cooper's Medical Jurisprudence. 
 
 Coop. Pr. Gas. Cooper's Practice Cases, English 
 Chancery. 
 
 Coop. Sel. Cas. Cooper's Select Cases tempore El- 
 don, English Chancery. 
 
 Coop. t. Br. or Coop. t. Brough. Cooper's Reports 
 temp. Brougham, English Chancery. 
 
 Coop. t. Cott. or Coop. t. Gotten. Cooper's Cases 
 tempore Cottenham, English Chancery. 
 
 Coop. t. Eld. Cooper's Reports temp. Eldon, Eng- 
 lish Chancery. 
 
 Coop. Tenn. Ch. Cooper's Tennessee Chancery Re- 
 ports. 
 
 Cooper. Cooper's Reports, English Chancery 
 temp. Eldon. 
 
 Coote Adm. Coote's Admiralty Practice. 
 
 Coote Ecc. Pr. Coote's Ecclesiastical Practice. 
 
 Coote L. d T. Coote's Landlord and Tenant. 
 
 Coote Mort. Coote on Mortgages. 
 
 Goote Pro. Pr. or Coote, Prob. Pr. Coote's Probate 
 Practice. 
 
 Coote & Tr. Coote & Tristram's Probate Court 
 Practice. 
 
 Cop. Cop. Copinger on Copyright. 
 
 Cop. Ind. Pr. Copinger's Index to Precedents. 
 
 Cope. Cope's Reports, vols. 63-72 California. 
 
 Gopp L. L. Copp's Public Land Laws. 
 
 Copp Land. Copp's Land Office Decisions. 
 
 Copp Land Off. Bull. Copp's Land Office Bulletin. 
 
 Gopp Min. Dec. or Copp V. 8. Min. Dec. Copp's Unit- 
 ed States Mining Decisions. 
 
568 
 
 Appendix. 
 
 (Part VI 
 
 Co-pp U. 8. Min. L. Copp's U. S. Mineral Land 
 Laws. 
 
 Cor. Coram; — Coryton's Bengal Reports. 
 
 Corl}. <& Ban. Corbett & Daniel's Parliamentary 
 Election Cases. 
 
 Cord Mar. Worn. Cord on Married Women. 
 
 Corn. D. Cornish on Purchase Deeds. 
 
 Corn. Dig. Cornwell's Digest. 
 
 Corn. Uses. Cornish on Uses, 
 
 Corn. Rem. Cornish on Remainders. 
 
 Corniv. Tab. Cornwall's Table of Precedents. 
 
 Corp. Jur. Can. Corpus Juris Canonici. 
 
 Corp. Jur. Civ. Corpus Juris Civilis. 
 
 Corry. Corryton's Reports, Calcutta. 
 
 Corvin. Corvinus's Elementa Juris Civilis. 
 
 Cory. Coryton's Reports, Calcutta. 
 
 Cory. Cop. Coryton on Copyright. 
 
 Cory. Pat. Coryton on Patents. 
 
 Cot. Ahr. Cotton's Abridgment of the Records. 
 
 Cou. Couper's Justiciary Reports, Scotland. 
 ^ Coul. <& F. Waters. Coulston & Forbes on Waters. 
 
 Counsellor. The Counsellor, New York City. 
 
 County Ct. Rep. County Court Reports, English. 
 
 County Gt. Rep. N. 8. County Court Reports, New 
 Series, English. 
 
 County Cts. Cli. County Courts Chronicle, London. 
 
 County Cts. & Bankr. Cas. County Courts and 
 Bankruptcy Cases. 
 
 Coup, or Coup. Just. Couper's Justiciary Reports, 
 Scotland. 
 
 Court CI. U. S. Court of Claim Reports. 
 
 Court J. d Dist. Ct. Rec. Court Journal and Dis- 
 trict Court Record. 
 
 Court Sess. Ca. or Court Sess. Cas. Court of Ses- 
 sions Cases, Scotch. 
 
 Court, d Mad. Courteney and Maclean's Scotch 
 Appeals (6-7 Wilson and Shaw). 
 
 Cout. Dig. Coutlee's Digest, Canada Supreme Court. 
 
 Cov. Ev. Coventry on Evidence. 
 
 Cow. Cowen's New York Reports;— Cowper's Eng- 
 lish King's Bench Reports. 
 
 Cow. Gr. Dig. Cowen's Criminal Digest. 
 
 Cow. Cr. or Cow. Gr. Rep. Cowen's Criminal Re- 
 ports, New York. 
 
 Cow. Die. Cowell's Law Dictionary. 
 
 Coio. Dig. Cowell's East India Digest, 
 
 Cow. Inst. Cowell's Institutes of Law. 
 
 Cow. Int. Cowell's Interpreter. 
 
 Coiv. N. Y. Cowen's New York Reports. 
 
 Coioell. Cowell's Law Dictionary;— Cowell's In- 
 terpreter. 
 
 Cowp. Cowper's Reports, English King's Bench. 
 
 Cowp. Cas. Cowper's Cases (in the third volume 
 of Reports in Chancery). 
 
 Cox. Cox's English Chancery Reports ;— Cox's 
 English Criminal Cases ; — Cox's Reports, vols. 25-27 
 Arkansas. 
 
 Cox Am. Tr. M. Gas. Cox's American Trademark 
 Cases. 
 
 Cox (Ark. J. Cox's Reports vols. 25-27 Arkansas. 
 
 Cox C. C. Cox's English Criminal Cases;— Cox's 
 Crown Cases ; — Cox's County Court Cases. 
 
 Cox Ch. Cox's English Chancery Cases. 
 
 Gox Cr. Cas. Cox's English Criminal Cases. 
 
 Gox Cr. Dig. Cox's Criminal Law Digest. 
 
 Cox Elect. Cox on Ancient Parliamentary Elec- 
 tions. 
 
 Gox Eq. Cox's Reports, English Chancery. 
 
 Gox Gov. Cox's Institutions of the English Gov- 
 ernment. 
 
 Cox Inst. Cox's Institutions of the English Gov- 
 ernment. 
 
 Cox J. 8. Cox on Joint Stock Companies, 
 
 Cox J. 8. Cas. Cox's Joint Stock Cases. 
 
 Gox M. C. Cox's Magistrate Cases. 
 
 Cox, McG. (& B. Cox, McCrae and Hertslett's Coun- 
 ty Court Reports, English. 
 
 Cox Mag. Ca. Cox's Magistrate Cases. 
 
 Gox Man. Tr. M. or Gox Tr. M. Cox's Manual of 
 Trade-Mark Cases. 
 
 Cox Tr. M. Cas. Cox's American Trade-Mark Cases. 
 
 Cox d Atk. Cox & Atkinson, English Registration 
 Appeal Reports. 
 
 Coxe. Coxe's Reports, New Jersey. 
 
 Coxe & Melm. Coxe & Melmoth MSS. Cases on 
 Fraud, in May on Fraudulent Conveyances. 
 
 Cr. Cranoh's Reports, "United States Supreme 
 Court ; — Cranoh's United States Circuit Court Re- 
 ports; — Craig's Jus Feudale, Scotland. 
 
 Cr. or Cr. G. G. or Cra. or Gra. G. G. Cranch's Re- 
 ports U. S. Circuit Court, Dist. of Columbia. 
 
 Gr. Cas. Res. Crown Cases Reserved, Law Reports. 
 
 Cr. Code. Criminal Code. 
 
 Cr. Code Prac. Criminal Code of Practice. 
 
 Cr. M. & R. Crompton, Meeson & Roscoe's Eng- 
 lish Exchequer Reports. 
 
 Cr. Pat. Dec. Cranch's Decisions on Patent Ap- 
 peals. 
 
 Gr, 8. d P. Craigie, Stewart & Paton's Scotch 
 Appeal Cases (same as Paton). 
 
 Cr. (& Dix. Crawford & Dix's Irish Circuit Court 
 Cases. 
 
 Cr. d Dix AT). Cas. Crawford & Dix's (Irish) 
 Abridged Notes of Cases. 
 
 Cr. d Dix G. C. Crawford & Dix's Irish Circuit 
 Court Cases. 
 
 Cr. d J. Crompton & Jervis. 
 
 Cr. d M. Crompton & Meeson's English Exchequer 
 Reports. 
 
 Cr. d Ph. Craig & Phillips's English Chancery 
 Reports. 
 
 Cr. d St. Craigie and Stewart, House of Lords 
 (Sc.) Reports. 
 
 Gra. Cranch's Reports, U. S. Supreme Court. 
 
 Cra. G. C. Cranch's Reports, U. S. Circ. Court, 
 Dist. of Col. 
 
 Grab. Crabbe's United States District Court Re- 
 ports. 
 
 Cral^h Com. L. or Crabb Com. Law. Crabb on the 
 Common Law. 
 
 Crabb Conv. Crabb's Conveyancing. 
 
 C-rabl). Dig. Crabb's Digest of Statutes from Mag- 
 na Charta to 9 & 10 Victoria. 
 
 Crabb, Eng. Law. Crabb's History of the English 
 Law. 
 
 Crabb Hist, or Crabb Hist. Eng. Law. Crabb's His- 
 tory of the English Law. 
 
 Crabb R. P. or Crabb Real Prop. Crabb on the Law ' 
 of Real Property. 
 
 Crabb, Technol. Diet. Crabb's Technological Dic- 
 tionary. 
 
 Crabbe. Crabbe's United States District Court Re- 
 ports ;— Crabbe's Reports, District Court of U. S., 
 Eastern District of Penna. 
 
 Craig Pr. Craig's Practice. 
 
 Craig d P. or Craig d Ph. Craig and Phillip's Eng- 
 lish Chancery, 
 
 Craig, d St. Craigie, Stewart and Paton's English 
 House of Lords, Appeals from Scotland. 
 
 Craigius, Jus Feud. Craigius Jus Feudale. 
 
 Craik or Craik C. C. Craik's English Causes C61d- 
 bres. 
 
 Granch. Cranch's Reports, U. S. Supreme Court. 
 
 Cranch C. C. or Granch D. C. Cranch's Reports, U. 
 S. Circuit Ct., District of Columbia. 
 
 Cranch Pat. Dec. Cranch's Patent Decisions, 
 
 Crane. Crane's Reports, vols. 22-29 Montana. 
 
 Craw. Crawford's Reports, vols. 53-69, 72-101 Ar- 
 kansas, 
 
 Craw, d D. Crawford and Dix's Reports, Irish 
 Circuit Cases. 
 
 Craw, d D. Abr. C. Crawford and Dix's Abridged 
 Cases, Ireland. 
 
 Creasy (Ceylon). Creasy's Ceylon Reports. 
 
 Creasy Col. G. Creasy's Colonial Constitutions. 
 
 Creasy Int. L. Creasy on International Law. 
 
 Cress. Ins. Cas. or Cressw. Ins. Gas. Cresswell's 
 English Insolvency Cases. 
 
 Crim. Con. Criminal Conversation, Adultery. 
 
 Grhn. L. Mag. or Crim. Law Mag. Criminal Law 
 Magazine, Jersey City. New Jersey, 
 
 Crim. L. Rec. Criminal Law Recorder. 
 
 Crim. L. Rep. Criminal Law Reporter. 
 
 Crim. Rec. Criminal Recorder, Philadelphia ;— 
 Criminal Recorder, London {—Criminal Recorder, 
 vol. 1 Wheeler's New York Criminal Reports, 
 
 Cripp Ch. Cas. or Cripp's Ch. Cas. Cripp's Church 
 Cases. 
 
 Cripp Ecc. L. Cripp's Ecclesiastical Law, 
 
 Gritch. Critchfleld's Reports, vols. 5-21 Ohio 
 State. 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 569 
 
 Cro. Croke's Englisli King's Bencli Reports ;— 
 Keilway's English King's Bencli Reports by SerJ. 
 Croke. 
 
 Cro. Car. Croke's Reports temp, Charles I. (3 
 Cro.). 
 
 Cro. Eliss. Croke's Reports temp. Elizabeth (1 
 Cro.). 
 
 Cro. Jac. Croke's English King's Bench Reports 
 tempore James (Jacobus) I. {2 Cro.). 
 
 Crock. Notes. Crocker's Notes on Common Fox'ms. 
 
 Crock. Sher. Crocker on SherilTs. 
 
 Crockford. English Maritime Law Reports, pub- 
 lished by Crockford. 
 
 Cromp. Star Chamber Cases by Cromptou. 
 
 Gromp. Gts.- Crompton on Courts. 
 
 Cromp. Exch. R. Crompton's Exchequer Reports, 
 English. 
 
 Cromp. J. C. or Cromp. Jur. Crompton's Jurisdic- 
 tion of Courts. 
 
 Cromp. M. <& R. Crompton, Meeson and Roscoe's 
 Reports, English Exchequer. 
 
 CroTnp. R. & C. Pr. Crompton's Rules and Cases of 
 Practice. 
 
 Cromp. d J. or Gromp. cC- Jerv. Crompton and Jer- 
 vis's Reports, English Exchequer. 
 
 Gromp. cC' M. or Cromp. d- Mees. Crompton & Mee- 
 son's Reports, English Exchequer. 
 
 Crosw. Pat. Ca. CroswcU's Patent Cases. 
 
 Cross Lien. Cross on Liens. 
 
 Grounse. Crounse's Reports, vol. 3 Nebraska. 
 
 Grown C. G. Crown Circuit Companion. 
 
 Growth, or Croiother (Ceylon). Crowther's Ceylon 
 Reports. 
 
 Cruise Dig. or Cruise R. P. Cruise's Digest of the 
 Law of Real Property. 
 
 Cruise Titles. Cruise on Titles of Honor. 
 
 Cruise Uses. Cruise on Uses. 
 
 Crump Ins. or Crump Mar. Ins. Crump on Marine 
 Insurance. 
 
 Grumrine. Crumrine's Reports, vols. 116-146 Penn- 
 sylvania. 
 
 Gt. App. N. Z. Court of Appeals Reports, New 
 Zealand. 
 
 Gt. CI. or Gt. of Gl. Court of Claims, United States. 
 
 Ct. of App. Court of Appeals. 
 
 Gt. of Err. Court of Error. 
 
 Ct. of Gen. Sess. Court of General Sessions. 
 
 Ct. of Sess. Court of Session. 
 
 Ct. of Spec. Sess. Court of Special Sessions. 
 
 Gujacius. Cujacius, Opera, quse de Jure fecit, etc. 
 
 Cul. Culpatilis, Guilty. 
 
 Cull. B. L. Cullen's Bankrupt Law. 
 
 Gum. C. L. Cumin's Civil Law. 
 
 Cum. d Dun. Rem. Tr. Cummins & Dunphy's Re- 
 markable Trials. 
 
 Cummins. Cummins's Reports, Idaho. 
 
 Gun. or Cunn. Cunningham's Reports, English 
 King's Bench. 
 
 Cun. Bills of Ex. Cunningham on Bills of Ex- 
 change, 
 
 Cun. Diet. Cunningham's Dictionary. 
 
 Giinn. or Cunningham. Cunningham's English 
 Bench Reports. 
 
 Gur. Curtis' United States Circuit Court Re- 
 ports ; — Curia. 
 
 Gur. Adv. VuJt. Curia Advisare Vult. 
 
 Cur. Can. Cursus Cancellarias. 
 
 Cur. Com. Current Comment and Legal Miscel- 
 lany. 
 
 Cur. Dec. Curtis's Decisions, United States Su- 
 preme Court. 
 
 Cur. Ov. Ga. Curwen's Overruled Cases, Ohio. 
 
 Cur. Phil. Curia Philippica. 
 
 Cur. Scacc. Currus Scaccarii. 
 
 Current Com. Current Comment and Legal Mis- 
 cellany. 
 
 Curry. Curry's Reports, Louisiana Reports, vols. 
 6-19. 
 
 Curt. Curtis' United States Circuit Court Re- 
 ports ;— Gurteis' English Ecclesiastical Reports. 
 
 Curt. Adm. Dig. Curtis' Admiralty Digest. 
 
 Curt. C. C. Curtis' United States Circuit Court 
 Decisions. 
 
 Curt. Com. Curtis' Commentaries. 
 
 Curt. Cond. Curtis' (Condensed) Decisions, United 
 States Supreme Court. 
 
 Curt. Cop. Curtis on Copyrights. 
 
 Curt. Dec. Curtis' United States Suprem.e Court 
 Decisions. 
 
 Curt. Dig. Curtis' Digest, United States. 
 
 Curt. Ecc. Gurteis' English Ecclesiastical Reports. 
 
 Curt. Eq. Prec. Curtis' Equity Precedents. 
 
 Curt. Jur. Curtis on the Jurisdiction of the U. S. 
 Courts. 
 
 Curt. Mer. S. Curtis on Merchant Seamen. 
 
 Curt. Pat. Curtis on Patents. 
 
 Cv.rtis. Curtis' United States Circuit Court Re- 
 ports. 
 
 Curw. Curwen's Overruled Cases ;— Curwen's 
 Statutes of Ohio. 
 
 Curw. Ahs. Tit. Curwen on Abstracts of Title. 
 
 Curw. L. 0. Curwen's Laws of Ohio 1854, 1 vol. 
 
 Curw. R. S. Curwen's Revised Statutes of Ohio. 
 
 Gush. Cushing's Massachusetts Reports ;— Cush- 
 man's Mississippi Reports. 
 
 Gush. Elec. Cas. Cushing's Election Cases in Mas- 
 sachusetts. 
 
 Gush. Man. Cushing's Manual. 
 
 Cush. Pari. h. Cushing's Parliamentary Law. 
 
 Cush. Trust. Pr. Gushing on Trustee Process, or 
 Foreign Attachment. 
 
 Gushing. Cushing's Massachusetts Reports. 
 
 Gushm. or Cushman. Cushman's Reports, Missis- 
 sippi Reports, vols. 23-29. 
 
 Giist. de Norm. Custome de Normandie. 
 
 Gust. Lcp. Custer's Ecclesiastical Reports. 
 
 Gutl. Cutler on Naturalization. 
 
 Gutl. Ins. L. Cutler's Insolvent Laws of Massachu- 
 setts. 
 
 Cut. Pat. Cas. Cutler's Trademark and Patent 
 Cases, 11 vols. 
 
 Cyc. Cyclopsedia of Law and Procedure. 
 
 D. Decree. D^cret. Dictum ; — Digest, particular- 
 ly the Digest of Justinian ;— Dictionary, particu- 
 larly Morison's Dictionary of the Law of Scotland; 
 —Delaware ;— Dallas's United States and Pennsyl- 
 vania Reports;— Denio's Reports, New York; — Dun- 
 lop, Bell & Murray's Reports, Scotch Session Gases 
 (Second Series) ;— Digest of Justinian, 50 books, 
 n^ver been translated into English;— Disney, Ohio; 
 —Divisional Court ;— Dowling, English ;— Dominion 
 of Canada. 
 
 D. B. Domesday Book. 
 
 D. C. District Court. District of Columbia. 
 
 D. C. L. Doctor of the Civil Law. 
 
 D. Chip. D. Chipman's Reports, Vermont. 
 
 D. Dec. Dix's School Decisions, New York. 
 
 D.F.&J. De Gex, Fisher, and Jones's Reports, 
 English Chancery. 
 
 D. G. De Gex;— De Gex's English Bankruptcy Re- 
 ports. 
 
 D. G. F. d J. De Gex, Fisher, & Jones's English 
 Chancery Reports. 
 
 D. G. F. dJ. B. De Gex, Fisher, & Jones's English 
 Bankruptcy Reports. 
 
 D. G. J. d S. De Gex, Jones & Smith's English 
 Chancery Reports. 
 
 D. (?. J. d S. B. De Gex, Jones & Smith's English 
 Bankruptcy Reports. 
 
 D. G. M. d G. De Gex, Macnaghten, & Gordon's 
 English Chancery Reports. 
 
 D. G. M. d G. B. De Gex, Macnaghten, & Gordon's 
 English Bankruptcy Reports. 
 
 D. J. d S. De Gex, Jones, and Smith's Reports, 
 English Chancery. 
 
 D. M. d G. De Gex, Macnaghten, and Gordon's 
 Reports, English Chancery. 
 
 D. N. S. Dowling's Reports, New Series, English 
 Bail Court ;— Dow, New Series (Dow & Clark, Eng- 
 lish House of Lords Cases) ;— Dowling's Practice 
 Cases, New Series, English. 
 
 D. P. Domus Procerum, House of Lords. 
 
 D.P.B. Dampier Paper Book. See" A. P. B. 
 
 D. P. C. Dowling's Practice Cases, Old Series. 
 
 D. Pr. Darling's Practice, Court of Session. 
 
 D. S. Deputy Sheriff. 
 
 D. 8. B. Debit sans breve. 
 
 D. d B. or D. d B. G. G. Dearsly & Bell's English 
 Crown Cases, Reserved. 
 
570 
 
 Appendix. 
 
 (Part VI 
 
 D. & O. Dow and Clark's Englisli House of Lords 
 (Parliamentary Cases). 
 
 D. & C. or D. d Ch. or D. & CMt. Deacon and Chit- 
 ty's Bankruptcy Cases, Englisli. 
 
 D. d E. Durnford and East, English King's Bench 
 Term Reports. 
 
 D. & J. De Gex and Jones's Reports, English 
 Chancery. 
 
 D. tfi /. B. De Gex and Jones's English Bankrupt- 
 cy Reports. 
 
 D. d L. Dowling and Lowndes's English Bail 
 Court Reports. 
 
 D. & M. Davison and Merivale's Reports, English 
 Queen's Bench. 
 
 D. & P. Dennison and Pearce's Crown Cases, Eng- 
 lish. 
 
 B. & R. Dowling and Ryland's Reports, English 
 King's Bench. 
 
 Z). d R. M. G. Dowling and Ryland's Magistrate 
 Cases. 
 
 D. d B. N. P. or D. d R. N. P. G. Dowling & Ry- 
 land's English Nisi Prius Cases. 
 
 . D. d S. Drewry & Smale's Chancery Reports;— 
 Doctor and Student; — Deane and Swabey. 
 
 D. d Sm. Drew and Smale's English V. C. Re- 
 ports. 
 
 D. d Sw. Deane and Swabey, English Ecclesiasti- 
 cal Reports. 
 
 D. d W. Drury & Walsh's Irish Chancery Re- 
 ports; — Drury & Warren's Irish Chancery Reports. 
 
 D. d War. Drury and Warren's Reports, Irish 
 Chancery. 
 
 Dag. Cr. L. Dagge's Criminal Law. 
 
 Dale, Dakota ;— Dakota Territory Reports. 
 
 Dal. Dallas's United States Reports ;— Dalison's 
 English Common Pleas Reports (bound with Ben- 
 loe) ; — Dalrymple's Scotch Session Cases. 
 
 Dal. Goop. Dallas's Report of Cooper's Opinion 
 on the Sentence of a Foreign Court of Admiralty. 
 
 Dale. Dale's Reports, vols. 2-4 Oklahoma. 
 , Dale Ecc. Dale's Ecclesiastical Reports, English. 
 
 Dale Leg. Rit. Dale's Legal Ritual (Ecclesiasti- 
 cal) Reports. 
 
 Dalison. Dalison's English Common Pleas Re- 
 ports (bound with Benloe). 
 
 Dall. Dallas's Reports, U. S. Supreme Court anc 
 Pennsylvania Courts. 
 
 Dall. Dec. or Dall. Dig. Dallam's Texas Decisions, 
 printed originally in Dallam's Digest. 
 
 Dall. L. Dallas's Laws of Pennsylvania. 
 
 Dall. in Keil. Dallison in Keilway's Reports, Eng- 
 lish King's Bench. 
 
 Dall. S. C. Dallas's United States Supreme Court 
 Reports. 
 
 Dall. Sty. Dallas's Styles, Scotland. 
 
 Dall. (Tex.). Dallam's Texas Reports. 
 
 Dall. Tex. Dig. Dallam's Texas Digest. 
 
 Dallam. Dallam's Decisions. Texas Supreme Court 
 
 Dallas. Dallas's Pennsylvania and United States 
 Reports. 
 
 Dalloz. Dictionnaire g^nfiral et raisonne de leg- 
 islation, de doctrine, et de jurisprudence, en matiSre 
 civile, commerciale, criminelle, administrative, et 
 de droit public. 
 
 Dalr. Dalrymple's Decisions, Scotch Court of 
 Session ; — (Dalrymple of) Stair's Decisions, Scotch 
 Court of Session;— (Dalrymple of) Hailes's Scotch 
 Session Cases. 
 
 Dalr. Ent. Dalrymple on the Polity of Entails. 
 
 Dalr. F. L. or Dalr. Feud. Pr. or Dalr. Fetid, 
 Prop. Dalrymple on Feudal Property. 
 
 Dalr. Ten. Dalrymple on Tenures. 
 
 Dalrymple. (Sir Hew) Dalrymple's Scotch Ses- 
 sion Cases; — (Sir David Dalrymple of) Hailes's 
 Scotch Session Cases; — (Sir James Dalrymple of) 
 Stair's Scotch Session Cases. See, also, Dal. and 
 Dalr. 
 
 Dalt. Just. Dalton's Justice. 
 
 Dalt. Sh. Dalton's Sheriff. 
 
 Daly. Daly's Reports, New York Common Pleas. 
 
 Dampier MSS. Dampier's Paper Book, Lincoln's 
 Inn Library. 
 
 D'An. D'Anvers's Abridgment. 
 
 Dan. Daniell's Exchequer and Equity Reports;— 
 Dana's Kentucky Reports ;— Danner's Reports, vol. 
 42 Alabama. 
 
 Dan. Gh. Pr. Daniel's Chancery Practice. 
 
 Dan. Neg. Inst. Daniel's Negotiable Instruments. 
 
 Dan. Ord. Danish Ordinance. 
 
 Dan. T. M. Daniels on Trademarks. 
 
 Dan. d LI. or Dan. d Lid. Danson, & Lloyd's Mer- 
 cantile Cases. 
 
 Dana. Dana's Reports, Kentucky. 
 
 Dane Abr. Dane's Abridgment. 
 
 Daniel, Neg. Inst. Daniel's Negotiable Instru- 
 ments. 
 
 Daniellj G7i. Pr. Daniell's Chancery Practice. 
 
 Dann. Dann's Arizona Reports; — Danner's Re- 
 ports, vol. 42 Alabama; — Dann's California Reports. 
 
 Banner. Danner's Reports, Alabama Reports, 
 vol. 42. 
 
 Dans, d L. or Dans, d Lid. Danson & Lloyd's Eng- 
 lish Mercantile Cases. 
 
 D^Anv. Abr. D'Anvers's Abridgment. 
 
 Darb. d B. Darby & Bosanquet on Limitations, 
 
 Darl. Pr. Ct. Sess. Darling, Practice of the Court 
 of Session (Scotch). 
 
 Dart. Gol. Gas. Report of Dartmouth College Case. 
 
 Dart Vend. Dart on Vendors and Purchasers. 
 
 Das. Dasent's Bankruptcy and Insolvency Re- 
 ports ; — Common Law Reports, vol. 3. 
 
 Dass. Dig. Dassler's Digest Kansas Reports. 
 
 Dauph. Go. Rep. Dauphin County Reporter, Penn- 
 sylvania. 
 
 Dav. Daveis's United States District Court Re- 
 ports (now republished as 2 Ware); — Davy's or 
 Davies's Irish King's Bench and Exchequer Re- 
 ports; — Davies's English Patent Cases; — Davis's Re- 
 ports (Abridgment of Sir Edward Coke's Reports); 
 —Davis's Reports, vol. 2 Hawaii ; — Davis's United 
 States Supreme Court Reports. 
 
 Dav. CoJce. -Davis's Abridgment of Coke's Re- 
 ports. 
 
 Dav. Con. or Dav. Gonv. Davidson's Conveyancing. 
 
 Dav. Dig. Davis's Indiana Digest. 
 
 Dav. Eng. Ch. Can. Davis's English Church Canon. 
 
 Dav. Ir. or Dav. Ir.K.B. Davies's Reports, Irish 
 King's Bench. 
 
 Dav. Jus. Davis's Justice of the Peace. 
 
 Dav. Pat. Gas. Davies's Patent Cases, English 
 Courts. 
 
 Dav. Prec. or Dav. Prec. Gonv. Davidson's Prece- 
 dents in Conveyancing. 
 
 Dav. Rep. Davies's (Sir John) Reports, King's 
 Bench, Ireland. 
 
 Dav. (V. S.). Daveis's Reports, U. S. Dist. of 
 Maine (2d Ware). 
 
 Dav. d M. or Dav. dMer. Davison & Merivale's 
 Reports, English Queen's Bench. 
 
 Daveis. Daveis's United States District Court Re- 
 ports (republished as 2 Ware). 
 
 Davidson. Davidson's Reports, vols. 92-111 North 
 Carolina. 
 
 Davies. Davies's (or Davis's or Davys's) Irish 
 King's Bench Reports. 
 
 Davis. Davis's Hawaiian Reports ; — Davies's (or 
 Davys's) Irish King's Bench Reports;— Davis's Re- 
 ports, vols. 108-176 United States Supreme Court. 
 
 Davis (J.G.B.). Davis's United States Supreme 
 Court Reports. 
 
 Davis Bldg. Soc. or Davis Build. Davis's Law of 
 Building Societies. 
 
 Davis Rep. Davis's Reports, Sandwich Island. 
 
 Daw. Arr. Dawe on the Law of Arrest in Civil 
 Cases. 
 
 Daw. Land, Pr. Dawe's Epitome of the Law of 
 Landed Property. 
 
 Daw, Real Pr. Dawe's Introduction to the Knowl- 
 edge of the Law on Real Estates. 
 
 Day. Day's Connecticut Reports;— Connecticut Re- 
 ports, proper, reported by Day. 
 
 Day Elect. Gas. Day's Election Cases. 
 
 Day Pr. Day's Common Law Practice. 
 
 Dayt. Surr, Dayton on Surrogates. 
 
 Dayt. Term Rep. Dayton Term Reports, Dayton, 
 Ohio. 
 
 De Bois. Halluc. De Boismont on Hallucinations. 
 
 De Burgh Mar. Int. L. De Burgh on Maritime In- 
 ternational Law. 
 
 De Golyar's Quar. De Colyar's Law o£ Quaran- 
 tine. 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 571 
 
 D'Eives. D'Ewes's Journal and Parliamentary 
 Collection. 
 
 De G. De Gex's Reports, English Bankruptcy. 
 
 De G. F. <& J. De Gex, Fisher, & Jones' Reports, 
 English Chancery. 
 
 De G. F. d J. B. App. or De Q. F. d J. By. De 
 Gex, Fisher, & Jones's Bankruptcy Appeals, Eng- 
 lish. 
 
 De G. J. d S. De Gex, Jones, & Smith's Reports, 
 English Chancery. 
 
 De G. J. d S. Banhr. or De G. J. d 8. By. De Gex, 
 Jones, & Smith's Bankruptcy Appeals, English. 
 
 De G. M. d G. De Gex, Macnaghten, & Gordon's 
 English Bankruptcy Reports; — De Gex, Macnaghten, 
 & Gordon's English Chancery Reports. 
 
 De G. M. & G. Bankr. or De G. M. & G. By. De 
 Gex, Macnaghten, & Gordon's Bankruptcy Appeals, 
 English. 
 
 De G. d J. De Gex & Jones's Reports, English 
 Chancery. 
 
 De G. d J. BanTcr. or De G. d J. By. De Gex & 
 Jones's English Bankruptcy Appeals. 
 
 De G. d Sm. De Gex & Smale's Reports, English 
 Chancery. 
 
 De Gex. De Gex's English Bankruptcy Reports. 
 
 De Gex, M. d G. De Gex, Macnaghten & Gordon's 
 Reports, English. 
 
 De II. M. L. or De Hart, Mil. Law. De Hart on 
 Military Law. 
 
 De Jure Mar. Malloy's De Jure Maritimo. 
 
 De L. Const. De Lolme on the English Constitu- 
 tion. 
 
 Dea. Deady's United States District Court Re- 
 ports. 
 
 Dea. d Chit. Deacon & Chitty's English Bank- 
 ruptcy Reports. 
 
 Dea. d Sw. Deane & Swabey's Reports, English 
 Ecclesiastical Courts; — Deane & Swabey's Reports, 
 Probate and Divorce. 
 
 Deac. Deacon's Reports, English Bankruptcy. 
 
 Deac. Bankr. Deacon on Bankruptcy. 
 
 Deac. d C. or Deac. d Chit. Deacon & Chitty's Eng- 
 lish Bankruptcy Reports. 
 
 Deady. Deady's Reports, TJ. S. Dist. of Oregon. 
 
 Dean Med. Jur. Dean's Medical Jurisprudence. 
 
 Deane. Deane (& Swabey's) English Probate and 
 Divorce Reports ; — Deane's Reports vols. 24-26 Ver- 
 mont. 
 
 Deane Conv. Deane's Conveyancing. 
 
 Deane Ecc. or Deane Ecc. Rep. Deane & Swabey's 
 English Ecclesiastical Reports. 
 
 Deane N. Deane on Neutrals. 
 
 Deane d Sw. Deane & Swabey's English Ecclesi- 
 astical Reports. 
 
 Dears, or Dears. C. C or Dears, d B. or Dears, d 
 B. C. C. Dearsly's & Bell's English Crown Cases 
 Reserved. 
 
 Deas d And. Deas & Anderson's Scotch Court of 
 Session Cases. 
 
 Deb. Jud. Debates on the Judiciary. 
 
 Dec. Com. Pat. Decisions of the Commissioner of 
 Patents. 
 
 Dec. Dig. American Digest, Decennial Edition. 
 
 Dec. Joint Com. Decisions of the Joint Commis- 
 Blon. 
 
 Dec. O. Ohio Decisions. 
 
 Dec. t. H. d M. Decisions in Admiralty tempore 
 Hay £ Marriott. 
 
 Decen. Dig. American Digest, Decennial Edition. 
 
 Deft. Defendant. 
 
 Degge. Degge's Parson's Companion. 
 
 Del. Delaware ; — Delaware Reports; — Delane's 
 English Revision Cases. 
 
 Del. Ch. Delaware Chancery Reports, by Bates. 
 
 Del. Co. Delaware County Reports, Pennsylvania. 
 
 Del. Cr. Cas. Delaware Criminal Cases, by Hous- 
 ton. 
 
 Del. El. Cas. Delane's English Election (Revi- 
 sion) Cases. 
 
 Deleg. Court of Delegates. 
 
 Delehanty. Delehanty's New York Miscellaneous 
 Reports. 
 
 De Lolme, Eng. Const. De Lolme on the English 
 Constitution. 
 
 Dem. or Dem. Surr, Demarest" s New York Surro- 
 gate Reports. 
 
 Demol. OT Demol. C. N. Demolombe's Code Napo- 
 leon. 
 
 Den. Denio's New York Reports ;— Denis's Re- 
 ports, vols. 32-46 Louisiana Annual ;— Denied. 
 
 Den. or Denio. Denio's Reports, New York. 
 
 Den. C. C. Denison's English Crown Cases. 
 
 Den.dP. Denison & Pearce's English Crown 
 Cases, vol. 2 Denison, 
 
 Denio. Denio's New York Reports. 
 
 Denis. Denis's Reports, vols. 32-46 Louisiana. 
 
 Dens. Denslow's Notes to second edition, vols. 1-3 
 Michigan Reports. 
 
 Denver L. J. Denver Law Journal. 
 
 Denver L.N. Denver Legal News. 
 
 De Orat. Cicero, De Oratore. 
 
 Des., Dess., or Dessaus. or Desaus. Eq. Dessaus- 
 sure's Reports, South Carolina. 
 
 Dest. Cat. Dig. Desty's California Digest. 
 
 Desty Com. d Nav. Desty on Commerce and Navi- 
 gation. 
 
 De sty Fed. Const. Desty on the Federal Constitu- 
 tion. 
 
 Desty Fed. Proc. Desty's Federal Procedure. 
 
 Desty Sh. d Adm. Desty on Shipping and Admir- 
 alty. 
 
 Dev. Devereux's North Carolina Law Reports ;— 
 Devereux's Reports, United States Court of Claims. 
 
 Dev. C. C. or Dev. Ct. CI. Devereux's Reports, 
 United States Court of Claims. 
 
 Dev. Eg. Devereux's Equity Reports, North Caro- 
 lina, vols. 16-17. 
 
 Dev. L. or Dev. (N. C). Devereux's Law Reports, 
 North Carolina, vols. 12-15. 
 
 Dev. d B. Eq. or Dev. d Bat. Eg. Devereux & Bat- 
 tle's Equity Reports, North Carolina. 
 
 Dev. d B. L. or Dev. & Bat. Devereux & Battle's 
 Law Reports, North Carolina. 
 
 Deio. Dewey's Reports, vols. 60-70 Kansas ;— Dew- 
 ey's Kansas Court of Appeals Reports. 
 
 De Witt. De Witt's Reports, vols. 24-42 Ohio 
 State. 
 
 Di. OT Dy. Dyer's English Reports, King's Bench. 
 
 Dial, de Scac. Dialogus de Scaccario. 
 
 Dibb F. Dibb's Forms of Memorials. 
 
 Dice (Ind.). Dice's Reports, vols. 71-99 Indiana. 
 
 Dicey, Const. Dicey, Lectures Introductory to the 
 Study of the Law of the English Constitution. 
 
 Dicey Dom. Dicey on Domicil. 
 
 Dicey Part. Dicey on Parties to Actions. 
 
 Dick. Dickens's English Chancery Reports;— Dick- 
 inson's Reports, vols. 46-59 New Jersey Equity. 
 
 Dick. Ch. Free. Dickinson's Chancery Precedents. 
 
 Dick. Pr. or Dick. Qr. Sess. Dickinson's Practice of 
 the Quarter and other Sessions. 
 
 Dickson Ev. Dickson's Law of Evidence. 
 
 Diet. Dictionary. 
 
 Dig. Digest ;— Digest of Justinian ;— Digest of 
 Writs. 
 
 Dig. Proem. Digest of Justinian, Proem. 
 
 Digby R. P. Digby on Real Property. 
 
 Dil. or Dill. Dillon's United States Circuit Court 
 Reports. 
 
 Dill. Mun. Corp. Dillon on Municipal Corpora- 
 tions. 
 
 Dirl. Dirleton's Decisions, Scotch Court of Ses- 
 sion. 
 
 Dis. or Disn. Disney's Superior Court Report? 
 Cincinnati, Ohio. 
 
 Disn. Gam. Disney's Law of Gaming. 
 
 Dist. Rep. District Reports. 
 
 Div. Division, Courts of the High Court of Ju'^- 
 tice. 
 
 Div. d Matr. C. Divorce and Matrimonial Cause? 
 Court. 
 
 Doct. PI. Doctrina Placitanda. 
 
 Doct. d Stud. Doctor and Student. 
 
 Dod.ovDods. Dodson's English Admiralty Re- 
 ports. 
 
 Dod. Adm. Dodson's Reports, English Admiralty 
 Courts. 
 
 Dods. Dodson's Reports, English Admiralty 
 Courts. 
 
 Do'in. or Domat. Domat on Civil Law. 
 
 Dom. Book. Domesday Book. 
 
572 
 
 Appendix. 
 
 (Part VI 
 
 Do7n. Proc. Domus Procerum. In the House of 
 Lords. 
 
 Domat. Domat on Civil Law. 
 
 DOmat Supp. au Droit Public. Domat, Les Lois Civ- 
 Jles, Le Droit Public, etc. Augmeutee des 3e et 
 4e livres du Droit Public, par M. de Hericourt, etc. 
 
 Domes, or Domesd. or Domesday. Domesday Book. 
 
 Donaker. Donaker's Reports, vol. 154 Indiana. 
 
 Donn. Donnelly's Reports, English Chancery; — 
 Donnelly's Irish Land Cases. 
 
 Dor. Q. B. OT D Orion (Quebec). Dorion's Quebec 
 Queen's Bench Reports ;— (Dec. de la Cour D'Appel). 
 
 Dos Passos, Stock-Brok. Dos Passes on Stock- 
 Brokers and Stock Exchanges. 
 
 Doug. Douglas's Michigan Reports ; — Douglas's 
 English King's Bench Reports ; — Douglas's English 
 Election Cases. 
 
 Doug. El. Ca. or Doug. El. Gas. Douglas's English 
 Election Cases. 
 
 Dow. Dow's House of Lords (Parliamentary) 
 Cases, same as Dow's Reports ;— Dowling's English 
 Practice Cases. 
 
 Dow N. S. Dow & Clark's English House of 
 Lords Cases. 
 
 Dow P. C. Dow's Parliamentary Cases ; — Dowling's 
 English Practice Cases. 
 
 Dow & C. Dow & Clark's English House of Lords 
 Cases. 
 
 Dow. & L. Dowling & Lowndes's English Bail 
 Court Reports. 
 
 Dow. d Ry. Dowling & Ryland's English King's 
 Bench Reports ;— Dowling & Ryland's English Nisi 
 Prius Cases. 
 
 Dow. d Ry. M. C. Dowling & Ryland's English 
 Magistrates' Cases. 
 
 Dow. & Ry. N. P. Dowling & Ryland's English Nisi 
 Prius Cases. (Often bound at end of vol. 1 Dowling 
 &, Ryland's King's Bench Reports.) 
 
 Dowl. Dowling's English Bail Court (Practice) 
 Cases. 
 
 Dowl. N. S. Dowling's English Bail Court Reports, 
 New Series. 
 
 Dowl. P. C. or Dowl. Pr. C. Dowling's English Bail 
 Court (Practice) Cases. 
 
 Doivl. Pr. C. N. 8. Dowling's Reports, New Series, 
 English Practice Cases. 
 
 Dowl. & L. OT Dowl. d Lownd. Dowling & Lown- 
 des's English Bail Court and Practice Cases. 
 
 Dowl. d R. or Dowl. d Ry. or Dowl, d Ryl. Dowling 
 & Ryland's English King's Bench Reports. 
 
 Do^ol. d By. M. G. or Dowl. d Ryl. M. G. Dowling & 
 Ryland's Magistrate Cases, English. 
 
 Dotal, d Ry. N. P. or Dowl. d Ryl. N. P. Dowling & 
 Ryland's Nisi Prius Cases, English. 
 
 Down, d Lud. Downton & Luder's Election Cases, 
 English. 
 
 Dr. Drewry's English Vice Chancellor's Reports; 
 — Drury's Irish Chancery Reports tempore Sugden ; 
 — Drury's Irish Chancery Reports tempore Napier. 
 
 Dr. R. t. l>}ap. Drury's Irish Chancery Reports 
 tempore Napier. 
 
 Dr. R. t. Suii. Drury's Irish Chancery Reports 
 tempore Sugden. 
 
 Dr. d Sm. Drewry & Smale's English Vice Chan- 
 cellors' Reports. 
 
 Dr. d Wal. Drury & "Walsh's Irish Chancery Re- 
 ports. 
 
 Dr. & War. Drury & Warren's Irish Chancery Re- 
 ports. 
 
 Drake Att. or Drake Attachm. Drake on Attach- 
 ments. 
 
 Draper. Draper's Upper Canada King's Bench 
 Reports, Ontario. 
 
 Drew. Drewry's English Vice Chancellors' Re- 
 ports ;— Drew's Reports, vol. 13 Florida. 
 
 Drew. Inj. Drewry on Injunctions. 
 
 Drew, d S. or Drew, d Sm. or Drewry d Sm. Drew- 
 ry & Smale's Reports, English Chancery. 
 
 Drewry. Drewry's Reports, English Chancery. 
 
 Drewry T. M. Drewry on Trademarks. 
 
 Drink, or DrinJcw. Drinkwater's English Common 
 Pl,eas Reports. 
 
 Drone Copyr. Drone on Copyrights. 
 
 Dru. or Drury. Drury's Irish Chancery Reports 
 tempore Sugden. 
 
 Dru. t. Nap. Drury's Irish Chancery Reports tem- 
 pore Napier. 
 
 Drury t. Sug. Drury's Irish Chancery Reports 
 tempore Sugden. 
 
 Dru. d Wal. Drury & Walsh's Irish Chancery Re- 
 ports. 
 
 Dru. d War. Drury & Warren's Reports, Irish 
 Chancery. 
 
 Du G. or Du Gange. Du Cange's Glossarium. 
 
 Duane Road L. Duane on Road Laws. 
 
 Dub. Dubitatur. Dubitante. 
 
 Dub. Rev. Dublin Review, Dublin, Ireland. 
 
 Dud. or Dud. Ga. Dudley's Reports, Georgia. 
 
 Dud. Gh. or Dud. Eq. (S.G.). Dudley's Equity Re- 
 ports, South Carolina. 
 
 Dud. L. or Dud. S. G. Dudley's Law Reports, South 
 Carolina. 
 
 Duer. Duer's Reports, New York Superior Court, 
 vols. 8-13. 
 
 Duer Gonst. Duer's Constitutional Jurisprudence. 
 
 Duer Ins. Duer on Insurance. 
 
 Duer Mar. Ins. Duer on Marine Insurance. 
 
 Duer Repr. Duer on Representation. 
 
 Dufresne. Dufresne's £Law] Glossary. 
 
 Dugd. Orig. Dugdale's Originales Juridiciales. 
 
 D'ltgd. Sum. Dugdale's Summons. 
 
 Duke or Duke Uses. Duke on Charitable Uses. 
 
 Dun. Duncan (see Dune.) ; — Dunlap (see Dunl.). 
 
 Dun. d Cum. Dunphy & Cummins's Remarkable 
 Trials. 
 
 Dune. Ent. Gas. Duncan's Scotch Entail Cases. 
 
 Dune. N. P. Duncombe's Nisi Prius. 
 
 Duncan's Man. Duncan's Manual of Entail Pro- 
 cedure. 
 
 Dungl. Med. Diet. Dunglison, Dictionary of Medi- 
 cal Science and Literature. 
 
 Dunl. Dunlop, Bell, & Murray's Reports, Scotch 
 Court of Session (Second Series, 1838-62). 
 
 Dunl. Abr. Dunlap's Abridgment of Coke's Re- 
 ports. 
 
 Dunl. Adm. Pr. Dunlop's Admiralty Practice. 
 
 Dunl. B. d M. Dunlop, Bell, & Murray's Reports, 
 Scotch Court of Session (Second Series, 1838-62). 
 
 Dunl. F. Dunlop's Forms. 
 
 Dunl. L. Penn. Dunlop's Laws of Pennsylvania. 
 
 Dunl. L. U. S. Dunlop's Laws of the United States. 
 
 Dunl. Paley A(i. Dunlop's Paley on Agency. 
 
 Dunl. Pr. Dunlop's Practice. 
 
 Dunlop or Dunl. B. dM. Dunlop, Bell & Murray's 
 Reports, Second Series, Scotch Session Cases. 
 
 Dunn. Dunning's English King's Bench Reports. 
 
 Duponc. Const. Duponceau on the Constitution. 
 
 Duponc. Jur. Duponceau on Jurisdiction. 
 
 Dur. Dr. Fr. Duranton's Droit Frangais. 
 
 Durf. (R.I.J. Durfee's Reports, vol. 2 Rhode Is- 
 land. 
 
 Durie or Durie Sc. Durie's Scottish Court of Ses- 
 sion Cases. 
 
 Durn. d E. or Durnf. d E. Durnford & East's Eng- 
 lish King'.'^ Bench Reports (Term Reports). 
 
 Dutch. Dutcher's Reports, New Jersey Law. 
 
 Duv. Duvall's Kentucky Reports ;— Duval's Re- 
 ports, Canada Supreme Court. 
 
 Duv. (Can.). Duvall's Canada Supreme Court Re- 
 ports. 
 
 Duval. Duval's Reports, Canada Supreme Court. 
 
 Dwar. Dwarris on Statutes. 
 
 Dioar. St. Dwartis on Statutes. 
 
 Dwight. Dwight's Charity Cases, English. 
 
 Dy. or Dyer. Dyer's English King's Bench Re- 
 ports. 
 
 E. Easter Term. King Edward ;— East's Reports, 
 English King's Bench. 
 
 E. B. Ecclesiastical Compensations or "Bots," 
 
 E. B. d E. Ellis, Blackburn, and Ellis's Reports, 
 English Queen's Bench. 
 
 E. B. d S. (Ellis) Best & Smith's English Queen's 
 Bench Reports. 
 
 E.G. English Cases;— English Chancery ;— Eng- 
 lish Chancery Reports;— Election Cases, Ontario. 
 
 E. G. L. English Common Law Reports. 
 
 E. D. C. Eastern District Court, South Africa. 
 
 E.D.S. or E. D. Smith (N.Y.). B. D. Smith's Re- 
 ports, New York Common . Pleas. 
 
 E. E. English Exchequer Reports, 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 573 
 
 E. E. R. English Ecclesiastical Reports. 
 
 E. I. Ecclesiastical Institutes. 
 
 E. I. C. Bast India Company. 
 
 E. L. d Eq. Englisli Law and Equity Reports. 
 
 E. of Gov. Earl of Coventry's Case. 
 
 E. P. C. East's Pleas of the Crown. 
 
 E. B. East's King's Bench Reports ;~EIection Re- 
 ports. 
 
 E. R. C. English Ruling Cases. 
 
 E. T. Easter Term. 
 
 E. £ A. Ecclesiastical and Admiralty; — Error and 
 Appeal;— Spink's Ecclesiastical and Admiralty Re- 
 ports ; — Upper Canada Error and Appeal Reports. 
 
 E.<&A.R. Error and Appeal Reports, Ontario. 
 
 E. <& A. W. C. Grant's Error and Appeal Reports, 
 Ontario. 
 
 E. d B. Ellis & Blackburn's Reports, English 
 Queen's Bench. 
 
 E. d E. Ellis & Ellis's Reports, English Queen's 
 Bench. 
 
 E. d I. English and Irish Appeals, House of 
 Lords. 
 
 E. d Y. Eagle & Younge's English Tithe Cases. 
 
 Ea, East's English King's Bench Reports. 
 
 Eag. T. Eagle's Commutation of Tithes. ^ 
 
 Eag. d Yo. Eagle & Younge's English Tithe Cases. 
 
 East. East's King's Bench Reports ;— East's Notes 
 of Gases in Morley's Indian Digest ; — Eastern Re- 
 porter. 
 
 East N. of C. East's Notes of Cases (in Morley's 
 East Indian Digest). 
 
 Eastj P. C. or East, PI. Cr. East's Pleas of the 
 Crown. 
 
 East. Rep. Eastern Reporter. 
 
 East's N. of C. East's Notes of Cases, India. 
 
 Ebersole. Ebersole's Reports, vols. 59-80 Iowa. 
 
 Ec. d Ad. Spink's Ecclesiastical and Admiralty 
 Reports. 
 
 Eccl. Ecclesiastical. 
 
 Eccl. Law. Ecclesiastical Law. 
 
 Eccl. R. or Eccl. Rep. English Ecclesiastical Re- 
 ports. 
 
 Eccl. Stat. Ecclesiastical Statutes. 
 
 Eccl. d Ad. Ecclesiastical and Admiralty; — Spink's 
 Ecclesiastical and Admiralty Reports. 
 
 Ed. Edition. Edited. King Edward; — Eden's Eng- 
 lish Chancery Reports. 
 
 Ed. Bro. Eden's edition of Brown's English Chan- 
 cery Reports. 
 
 Ed. Cr. Edwards's New York Chancery Reports. 
 
 Ed. et Ord. Edits et Ordonnances (Lower Canada). 
 
 Eden. Eden's Reports, High Court of Chancery, 
 England. 
 
 Eden B. L. OT Eden, Bankr. Eden's Bankrupt Law. 
 
 Edenlnj. Eden on Injunctions. 
 
 Eden Pen. L. Eden's Penal Law. 
 
 Edg. Edgar's Reports, Scotch Court of Session. 
 
 Edg. G. Canons enacted under King Edgar. 
 
 Edict. Edicts of Justinian. 
 
 Edin. L. J. or Edinh. L. J. Edinburgh Law Jour- 
 nal. 
 
 Edm. Exch. Pr. Edmund's Exchequer Practice. 
 
 Edm. Sel. Gas. Edmonds's Select Cases, New York. 
 
 Edw. Edwards's New York Chancery Reports ;— 
 Edwards's English Admiralty Reports;— Edwards's 
 Reports, vols. 2, 3 Missouri; — King Edward; thus 1 
 Edw. I. signifies the first year of the reign of King 
 Edward I. 
 
 Edw. Abr. Edwards's Abridgment of Cases in 
 Privy Council ; — Edwards's Abridgment of Preroga- 
 tive Court Cases. 
 
 Edw. Adm. Edwards's Admiralty Reports, Eng- 
 lish. 
 
 Edw. Bail. Edwards on Bailments. 
 
 Edw. Bill. Edwards on Bills. 
 
 Edw. Ch. Edwards's Chancery Reports, New York. 
 Edw. Jur. Edwards's Juryman's Guide. 
 Edw. Lead. Dec. Edwards's Leading Decisions ii^ 
 Admiralty ; Edwards's Admiralty Reports. 
 Edw. (Mo.). Edwards's Reports, Missouri. 
 Edw. Part. Edwards on Parties to Bills in Chan- 
 cery. 
 
 Edw. Pr. Gas. Edwards's Prize Cases (English 
 Admiralty Reports). 
 
 Edw. Pr. Gt. Gas. Edwards's Abridgment of Pre- 
 rogative Court Cases. 
 
 Edw. Rec. Edwards on Receivers in Chancery. 
 
 Ed to. St. Act. Edwards on the Stamp Act. 
 
 Ethv. (Tho.J. Edwards's English Admiralty Re- 
 ports. 
 
 Eflrd. Efird's Reports, vols. 45-61 South Carolina. 
 
 Eir. Lambert's Eirenarcha. 
 
 El. Queen Elizabeth; — Elchies's Decisions, Scotch 
 Court of Session. 
 
 El. B. d E. Ellis, Blackburn, & Ellis's Reports, 
 English Queen's Bench. 
 
 El. B. d S. Ellis, Best, & Smith's Reports. English 
 Queen's Bench. 
 
 El. Gas. Election Cases. 
 
 El. Diet. Elchies's Dictionary of Decisions, Court 
 of Session, Scotland. 
 
 El. d B. or El. d Bl. Ellis & Blackburn's Re- 
 ports, English Queen's Bench. 
 
 El. d El. Ellis & Ellis's Reports, English Queen's 
 Bench. 
 
 Elchie. or Elchies's Diet. Elchies's Dictionary of 
 Decisions, Scotch Court of Session. 
 
 Elec. Gas. N. Y. New York Election Cases (Arm- 
 strong's). 
 
 Eli;^. Queen Elizabeth. 
 
 Ell. Bid Ell. Ellis, Blackburn, & Ellis's English 
 Queen's Bench Reports. 
 
 Ell. Deb. Ellis's Debates. 
 
 Ell. Dig. Minn. Eller's Digest, Minnesota Reports, 
 
 Ell. D. d Gr. Ellis on Debtor and Creditor. 
 
 Ell. Lns. EUis on Insurance. 
 
 Ell. d Bl. Ellis & Blackburn's English Queen's 
 Bench Reports. 
 
 Ell. d Ell. Ellis & Ellis's English Queen's Bench 
 Reports. 
 
 Ell esm. Post N. Ellesmere's Post Nati. 
 
 Elliott, App. Proc. Elliott's Appellate Procedure, 
 
 Elm. Dig. Elmer's Digest, New Jersey. 
 
 Elm. Dilap. Elmes on Ecclesiastical and Civil 
 Dilapidation. 
 
 Elmer, Lun. Elmer's Practice in Lunacy. 
 
 Els. W. Bl. Elsley's Edition of Wm. Blackstone's 
 English King's Bench Reports. 
 
 Elsyn. Pari. Elsynge on Parliaments. 
 
 Elt. Ten. of Kent. Elton's Tenures of Kent. 
 
 Elton, Gom. Elton on Commons and Waste Lands. 
 
 Elton, Copyh. Elton on Copyholds. 
 
 Eho. Med. Jur. Elwell's Medical Jurisprudence. 
 
 Emer. Ins. Emerigon on Insurance. 
 
 Emer. Mar. Loans or Emerig. Mar. Loans. Emeri- 
 gon on Maritime Loans. 
 
 Emerig. Tr. des Ass. or Emerig. Traite des Assur. 
 Emerigon, Traite des Assurances. 
 
 Enc. Encyclopaedia. 
 
 Enc. Brit. Encyclopaedia Britannica. 
 
 Enc. Forms. Encyclopaedia of Forms. 
 
 Enc. PI. d Pr. or Encyc. PI. d Pr. Encycloptedia of 
 Pleading and Practice. 
 
 Ency. Law. American and Engli.sh Encyclopedia 
 of Law. 
 
 Encyc. Encyclopagdia. 
 
 Encyc. PI. & Pr. Encyclopsedia of Pleading & Prac- 
 tice. 
 
 Encycl. Encyclopaedia. 
 
 Eng. English;— English's Reports, vols. 6-13 Ar- 
 kansas; — English Reports by N. C. Moak. 
 
 Eng. Ad. English Admiralty ;— English Admiralty 
 Reports. 
 
 E)ig. Adm. R. English Admiralty Reports. 
 
 Eng. G. C., or Eng. Gr. Cos. English Crown Cases 
 (American reprint). 
 
 Eng. Ch. English Chancery ;— English Chancery 
 Reports;— Condensed English Chancery Reports. 
 
 Eng. G. L. or Eng. Gom. L. R. English Common-Law 
 Reports. 
 
 Eng. Ecc. R. English Ecclesiastical Reports. 
 
 Eng. Eccl. English Ecclesiastical Reports. 
 
 Eng. Exch. English Exchequer Reports. 
 
 Eng. Ir. App. English Law Reports, English and 
 Irish Appeal Cases. 
 
 Eng. Jud. or Eng. Judg. Scotch Court of Session 
 Cases, decided by the English Judges. 
 
 Eng. L. d- Eq. or Eng. L. d Eq. R. English Law and 
 Equity Reports. 
 
 Eng. Plead. English Pleader. 
 
 E7ig. R. d G. Gas, English Railroad and Canal 
 Cases. 
 
574 
 
 Appendix. 
 
 (Part VI 
 
 Eng. Re. English Reports, Full Reprint. 
 
 Eng. Rep. Moak's English Reports ;— English's 
 Reports, vols. 6-13 Arkansas ; — English Reports. 
 
 Eng. Rep. R. English Reports, Pull Reprint. 
 
 Eng. Ru. Ca. English Ruling Cases. 
 
 Eng. Ry. & C. Cas. English Railway and Canal 
 Cases. 
 
 Eng. Sc. Ecc, English and Scotch Ecclesiastical 
 Reports. 
 
 Eng. & Jr. App. Law Reports, English and Irish 
 Appeal Cases. 
 
 English. English's Reports, vols. 6-13 Arkansas. 
 
 Ent. Coke's Entries; — Rastell's Entries. 
 
 Entries, Ancient. Rastell's Entries (cited In Rol- 
 le's Abridgment). 
 
 Entries, New Book of. Sometimes refers to Ras- 
 tell's Entries, and sometimes to Coke's Entries, 
 
 Entries, Old Book of. Liter Intrationmn. 
 
 Eod. Eodem. 
 
 Eq. Equity. 
 
 Eq. Ab. or Eq. Ca. Abr. Equity Cases Abridged. 
 
 Eq. Cas. Equity Cases, vol, 9, Modern Reports, 
 
 Eq. Cas. Atr. Equity Cases Abridged (English). 
 
 Eq. Draft. Equity Draftsnian (Hughes's). 
 
 Eq. Judg. Equity Judgments (by A'Beckett) New 
 South Wales. 
 
 Eq. Rep. Equity Reports ;— Gilbert's Equity Re- 
 ports; — Harper's South Carolina Equity Reports;— 
 Equity Reports, English Chancery and Appeals 
 from Colonial Courts, printed by Spottiswoode. 
 
 Err. d App. Error and Appeals Reports, Upper 
 Canada. 
 
 Ersh. Erskine's Institutes of the Law of Scot- 
 land ;— Erskine's Principles of the Law of Scotland. 
 
 Ersk. Dec. Erskine's United States Circuit Court, 
 etc.. Decisions, in vol. 35 Georgia. 
 
 Ersk. Inst. Erskine's Institutes of the Law of 
 Scotland. 
 
 Erskine, Inst. Erskine's Institutes of the Law of 
 Scotland. 
 
 Ersk. Prin. Erskine's Principles of the Law of 
 Scotland. 
 
 Escriche or Escriche, Die. Leg. Escriche, Diccion- 
 ario Razonado de Legislacion y Jurisprudencia. 
 
 Esp. or Esp. N. P. Espinasse's English Nisi Prius 
 Reports. 
 
 Esp. Ev. Espinasse on Evidence. 
 
 Esp. N. P. Espinasse's Nisi Prius Law. 
 
 Esp. Pen. Ev. Espinasse on Penal Evidence, 
 
 Esprit des Lois. Montesquieu, Esprit des Lois. 
 
 Esq. Esquire. 
 
 Et al. Et alii, and others, 
 
 Eth. Nic. Aristotle, Nicomachean Ethics. 
 
 Euer. Buer's Doctrina Placitandi. 
 
 Eunom. Wynne's Eunomus. 
 
 Europ. Art. European Arbitration, Lord West- 
 bury's Decisions, 
 
 Ev. Evidence. 
 
 Ev. Tr. Evans's Trial. 
 
 Evans. Evans's Reports, Washington Territory. 
 
 Evans Ag. Evans on Agency. 
 
 Evans PI. Evans on Pleading. 
 
 Evans Pothier. Evans's Pothier on Obligations. 
 
 Evans B. L. Evans's Road Laws of South Caro- 
 lina. 
 
 Evans Stat. Evans's Collection of Statutes. 
 
 Evans Tr. Evans'^ Trial. 
 
 Ewell Fixt. Ewell on Fixtures. 
 
 Ewell Lead. Cas. Ewell's Leading Cases on In- 
 fancy, etc. 
 
 Ewell's Evans Ag. Ewell's Evans on Agency. 
 
 Ew. d 11. Dig. (Minn.). Ewell and Hamilton's Di- 
 gest, Minnesota Reports. 
 
 Ex. Exchequer Reports, English. 
 
 Ex. or Exr. Executor. 
 
 Ex. C. R. Exchequer Court of Canada Reports. 
 
 Ex. Com,. Extravagantes Communes, 
 
 Ex. D. or Ex. Div. Exchequer Division, English 
 Law Reports. 
 
 Exam. The Examiner. 
 
 Exch. Exchequer ; — Exchequer Reports (Welsby, 
 Hurlstone, & Gordon); — English Law Reports, Ex- 
 chequer ;— English Exchequer Reports. 
 
 Exch. Can. Exchequer Reports, Canada. 
 
 Exch. Cas. Exchequer Cases (Legacy Duties, etc.), 
 Scotland, 
 
 Exch. Chamb. Exchequer Chamber. 
 
 Exch. Div. Exchequer Division, English Law Re- 
 ports. 
 
 Exch. Rep. Exchequer Reports. 
 
 Exec. Execution, Executor, 
 
 Exp. Ex parte. Expired. 
 
 Expl. Explained. 
 
 Ex rel. Ex relatione, 
 
 Ext. Extended. 
 
 Exton Mar. Dicael. Exton's Maritime Dicaelogie. 
 
 Eyre. Eyre's Reports, English King's Bench, 
 temp. William III. 
 
 F. Federal Reporter ;— Fitzherbert's Abridgment ; 
 — Pinalls ;— Consuetudines Feudorum ; — Fitzherbert's 
 Abridgment. 
 
 F. Abr. Fitzherbert's Abridgment is commonly re- 
 ferred to by the other law writers by the title and 
 number of the placita only, e. g. "coron, 30." 
 
 F. B. C. Fonblanque's Bankruptcy Cases. 
 
 F. B. R. Full Bench Rulings, Bengal. 
 
 F. B. R. N. W. P. Full Bench Rulings, Northwest 
 Provinces, India. 
 
 F. C. Faculty of Advocates Collection, Scotch 
 Court of Session Cases ;— B'ederal Cases. 
 
 F. C. B. Fearne on Contingent Remainders. 
 
 F. Diet. Kames and AVoodhouselee's Dictionary, 
 Scotch Court of Session Cases. 
 
 F. N. B. Fitzherbert's Natura Brevium. 
 
 F. R. Forum Romanorum ; — Federal Reporter. 
 
 F. & F. Foster and Finlason's Reports, English 
 Nisi Prius. 
 
 F. d Fitz. Falconer and Fitzherbert's English 
 Election Cases. 
 
 F. d J. Bank. De Gex. Fisher & Jones' English 
 Bankruptcy Reports, 
 
 F. dc S. Fox and Smith's Reports, Irish King's 
 Bench. 
 
 F. d W. Pr. Freud and Ward's Precedents. 
 
 Fac. Col. Faculty of Advocates Collection, Scotch 
 Court of Session Cases. 
 
 Fairf. or Fairfield. Fairfield's Reports, vols. 10-12 
 Maine. 
 
 Falc. Falconer's Reports, Scotch Court of Session, 
 
 Falc. <£ Fitis. Falconer and Fitzherbert's English 
 Election Cases. 
 
 Fam. Cas. Cir. Ev. Famous Cases of Circumstan- 
 tial Evidence, by Phillips. 
 
 Far. Farresley's Reports, English King's Bench, 
 Modern Reports, vol. 7, 
 
 Far. or Farr. Farresley (see Farresley). 
 
 FarrMed.Jur. Farr's Elements of Medical Juris- 
 prudence. 
 
 Farresley. Farresley's Reports, vol. 7 Modern Re- 
 ports ;— Farresley's Cases in Holt's King's Bench 
 Reports. 
 
 Farw. Pow. Farwell on Powers. 
 
 Faio. L. & T. Fawcett's Landlord and Tenant. 
 
 Fearne Rem. Fearne on Contingent Remainders. 
 
 Fed. The Federalist ;— Federal Reporter. 
 
 Fed. Ca. or Fed. Cas. Federal Cases. 
 
 Fed. Cas. No. Federal Case Number. 
 
 Fed. R. or Fed. Rep. The Federal Reporter, all U. 
 S. C. C. & D. C. and C. C. A. Cases, St. Paul, Minn. 
 District, Circuit and Circuit Court of Appeals Re- 
 ports. 
 
 Fell Guar. Fell on Mercantile Guarantees. 
 
 Fent. (Neio Zealand). Fenton's New Zealand Re- 
 ports. 
 
 Fent. Imp. Judg. Fenton's Important Judgments, 
 New Zealand. 
 
 Fent.N.Z. Fenton's New Zealand Reports. 
 
 Fer. Fixt. or Ferard, Fixt. Amos and Ferard on 
 Fixtures. 
 
 Ferg. or Ferg. Cons. Fergusson's Reports, Scotch 
 Consistorial Court, 
 
 Ferg.M.&D. Fergusson on Marriage and Di- 
 vorce. 
 
 Ferg. Proa. Ferguson's Common Law Procedure 
 Acts, Ireland. 
 
 Ferg. Ry. Cas. Ferguson's Five Years' Railway 
 Cases. 
 
 Fergusson. (Fergusson of) Kilgerran's Scotch Ses- 
 sion Cases. 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 575 
 
 Fern. Dec. Decretos del Fernando, Mexico. 
 
 Ferr. Hist. Civ. L. Perriere's History of the Civil 
 Law. 
 
 Ferr. Mod. Ferriere's Dictionnaire de Droit et de 
 Pratique. 
 
 Fc^-riere. Ferriere's Dictionnaire de Droit et de 
 Pratique. 
 
 Fess. Fat. or Fesseuj Pat. Fessenden on Patents. 
 
 Feufl. Lib. The Book of Feuds. See this diction- 
 ary, s. V. "Liber Feudorum." 
 
 FJf. PandectsB (Juris Civilis) ;— Pandects ot Jus- 
 tinian. 
 
 Fi. fa. Fieri facias. 
 
 Fielcl Com. Law. Field on the Common Law ot 
 England. 
 
 Field Corp. Field on Corporations. 
 
 Field Ev. Field's Law of Evidence, India. 
 
 Field Int. Code. Field's International Code. 
 
 Field Pen. L. Field's Penal Law. 
 
 Fil. Filiger's Writs. 
 
 Fin. Finch's English Chancery Reports ;— Finla- 
 Bon (see Finl.). 
 
 Fin. Law. Finch's Law. 
 
 Fin. Pr. Finch's Precedents in Chancery. 
 
 Fin. Ren. Finlay on Renewals. 
 
 Finch. English Chancery Reports tempore Finch. 
 
 Finch Cas. Cont. Finch's Cases on Contract. 
 
 Finch Ins. Dig. Finch's Insurance Digest. 
 
 Finch L. C. Finch's Land Cases. 
 
 Finl. Dig. Finlay's Digest and Cases, Ireland. 
 
 Finl.L.C. Finlason's Leading Cases on Pleading, 
 etc. 
 
 Finl. Mart. L. Finlason on Martial Law. 
 
 Finl. Rep. Finlason's Report of the Gurney Case. 
 
 Finl. Ten. Finlason on Land Tenures. 
 
 First ft. Edw. III. Part II of the Year Books. 
 
 First pt. H. VI. Part VII ot the Year Books. 
 
 Fish. Fisher's United States Patent Cases ;— Fish- 
 er's United States Prize Cases. 
 
 Fish. Cas. Fisher's Cases, United States District 
 Courts. 
 
 Fish. Cop. Fisher on Copyrights. 
 
 Fish. Dig. Fisher's Digest, English Reports. 
 
 Fish. Mart, or Fish. Mortg. Fisher on Mortgages. 
 
 Fish. Pat. or Fish. Pat. Cas. Fisher's United States 
 Patent Cases. 
 
 Fish. Pat. Rep. Fisher's Patent Reports, U. S. Su- 
 preme and Circuit Courts. 
 
 Fish. Pr. Cas. or Fish. Prize. Fisher's Prize Cases, 
 U. S. Courts, Penna. 
 
 Fits, or Fitz. Abr. Fitzherbert's Abridgment (see 
 F. & Fitz.). 
 
 Fitz. N. B. Fitzherbert's Natura Brevium. 
 
 Fitzg. Fitzgibbon's English King's Bench Reports. 
 
 Fitai. Air. Fitzherbert's Abridgment. 
 
 Fitsh. N. B. or Fitsh. Nat. Brev. Fitzherbert's 
 New Natura Brevium. 
 
 Fl. Fleta ;— Flanders (see Fland.) -.—Commentari- 
 us Juris Anglicani. 
 
 Fl. & K. or Fl. & Kel. Flanagan & Kelly's Irish 
 Rolls Court Reports. 
 
 Fl^. Florida ; — Florida Reports. 
 
 Flan. £ K. or Flan. & Kel. Flanagan and Kelly's 
 Reports, Irish Rolls Court. 
 
 Fland. Ch. J. Flanders's Lives of the Chief Jus- 
 tices. 
 
 Fland. Const. Flanders on the Constitution. 
 
 Fland. Fire Ins. Flanders on Fire Insurance. 
 
 Fland. Mar. L. Flanders on Maritime Law. 
 
 Fland. Ship. Flanders on Shipping. 
 
 Fleta. Flcta, Commentarius Juris Anglicani. 
 
 Flip, or Flipp. Flippin's United States Circuit 
 Court Reports. 
 
 Flor. Florida ;— Florida Reports. 
 
 Foelix Dr. Int. Foelix's Droit International Priv6. 
 
 Fogg. Fogg's Reports, vols. 32-37 New Hampshire. 
 
 Fol. Folio ; — Foley's Poor Laws and Decisions, 
 English. 
 
 Fol. Diet. Kames and Woodhouslee's Dictionary, 
 Scotch Court ot Session Cases. 
 
 Foley Poor L. Foley's Poor Laws and Decisions, 
 English. 
 
 Folw. Laws. Polwell's Laws ot the United States. 
 
 Fonb. Eq. Fonblanque'B Equity. 
 
 Fonb. Med. Jur. Fonblanque on Medical Jurispru- 
 dence. 
 
 Fonb. N. R. Fonblanque's New Reports, English 
 Bankruptcy. 
 
 Fonbl. Fonblanque's Equity ;— Fonblanque on 
 Medical Jurisprudence ; — Fonblanque's New Reports, 
 English Bankruptcy. 
 
 Fonbl. Eq. Fonblanque's Equity. 
 
 Fonbl. R. Fonblanque's English Cases (or New 
 Reports) in Bankruptcy. 
 
 Foote Int. Jur. Foote on Private International Ju- 
 risprudence. 
 
 For. Forrest's Exchequer Reports ; — Forrester's 
 Chancery Reports (Cases tempore Talbot). 
 
 For. Cas. & Op. Forsyth's Cases and Opinions. 
 
 For. de Laud. Fortescue's de Laudibus Legum An- 
 gliEe. 
 
 For. Pla. Brown's Formute Placitandi. 
 
 Foran C. C. P. Q. Foran's Code ot Civil Procedure, 
 Quebec. 
 
 Forb. Forbes's Decisions, Scotch Court ot Session. 
 
 Forb. Inst. Forbes's Institutes of the Law of 
 Scotland. 
 
 Form. Forman's Reports, Illinois. 
 
 Forman. Forman's Reports, Illinois. 
 
 Form. Pla. Brown's Formulae Placitandi. 
 
 Forr. or Forrest. Forrest's English Exchequer Re- 
 ports ;— Forrester's English Chancery Cases (com- 
 monly cited. Cases tempore Talbot). 
 
 For. Cas. & Op. or Fors. Cas. & Op. Forsyth's Cases 
 and Opinions on Constitutional Law. 
 
 Fors. Comp. Forsyth's Composition with Creditors. 
 
 Fors. His. Forsyth's History of Trial by Jury. 
 
 Fors. Trial by Jury. Forsyth's History ot Trial by 
 Jury. 
 
 Fort, or Fortes. Fortescue's English King's 
 Bench Reports. 
 
 Fortes, de Laud. Fortescue de Laudibus Legum 
 Anglice. 
 
 Forum. The Forum, by David Paul Brown ;— For- 
 um (periodical). Baltimore and New York. 
 
 Forum L. R. Forum Law Review, Baltimore. 
 
 Foss, Judg. Foss's Judges of England. 
 
 Fost. Foster's English Crown Law or Crown Cas- 
 es : — Foster's New Hampshire Reports, vols. 19, and 
 21-31 ; — Foster's Legal Clhronicle Reports, Pennsyl- 
 vania ; — Foster's Reports, vols. 5, 6 and 8 Hawaii. 
 
 Fost.(N.H.}. Foster's Reports, New Hampshire, 
 vols. 19 and 21-31. 
 
 Fost. Cr. Law. Foster, Crown Law. 
 
 Fost. Elcm. or Fost. Jur. Foster's Elements of Ju- 
 risprudence. 
 
 Fost. S. F. or Fost. on Sci. Fa. Foster on the Writ 
 of Scire Facias. 
 
 Fost. d Fin. Foster and Finlason's Reports, Eng- 
 lish Nisi Prius Cases. 
 
 Foster. Foster's English Crown Law ;— Legal 
 Chronicle Reports (Pennsylvania), edited by Foster; 
 — Foster's New Hampshire Reports, 
 
 Fount. Fountainhall's Reports, Scotch Court ot 
 Session. 
 
 Fowl. L. Cas. Fowler's Leading Cases on Col- 
 lieries. 
 
 Fox. Fox's Decisions, Circuit and District Court, 
 Maine (Haskell's Reports) ; — Fox's Reports, English. 
 
 Fox Reg. Ca. or Fox Reg. Cas. Fox's Registration 
 Cases. 
 
 Fox & Sm. Fox & Smith's Reports, Irish King's 
 Bench. 
 
 Fr. Fragment, or Excerpt, or Laws in Titles of 
 Pandects ; — Freeman's English King's Bench and 
 ' Chancery Reports ; — Fragment. 
 
 Fr. Ch. Freeman's English Chancery Reports ; 
 Freeman's Mississippi Chancery Reports. 
 
 Fr. E. C. Fraser's Election Cases. 
 
 Fr. Ord. French Ordinances. 
 
 Fra. Max. Francis's Maxims ot Equity. 
 
 Fran. Char. Francis's Law ot Charities, 
 
 Fran. Max. Francis's Maxims of Equity. 
 
 Franc, or Franc. Judg. Francillon's Judgments, 
 County Courts. 
 
 France. France's Reports, vols. 3-11 Colorado. 
 
 Fras. Dom. Rel. Eraser on Personal and Domestic 
 Relations. 
 
576 
 
 Appendix. 
 
 (Part VI 
 
 Fras. El. Cas. or Fras. Elec. Cas. or Fraser. Fra- 
 ser's Englisli Cases of Controverted Elections. 
 
 Fraz. or Fraz. Adm. Frazer's Admiralty Cases, 
 Scotland. 
 
 Fred. Code. Frederician Code, Prussia. 
 
 Free. Freeman's English King's Bencti Reports, 
 vol. 1 Freeman's King's Bench Reports and vol. 2 
 Freeman's Chancery Reports. See also Freem. 
 
 Free. Cli. Freeman's English Chancery Reports ; 
 —Freeman's Mississippi Chancery Reports. 
 
 Freem. (III.). Freeman's Reports, Illinois. 
 
 Freem. C. C. or Free in. Ch. Freeman's Reports, 
 English Chancery. (2d Freeman.) 
 
 Freem. Compar. Politics. Freeman, Comparative 
 Politics. 
 
 Freem. Coten. <& Par. Freeman on Cotenancy and 
 Partition. 
 
 Freem. Ex. Freeman on Executions. 
 
 Freem. (III.). Freeman's Reports, Illinois. 
 
 Freem. Judg. Freeman on Judgments. 
 
 Freem. K. B. Freeman's Reports, English King's 
 Bench. (1st Freeman.) 
 
 Freem. (Miss.), Freeman's Chancery Reports, 
 Mississippi. 
 
 French. French's Reports, New Hampshire. 
 
 Fries Tr. Trial of John Fries (Treason). 
 
 Frith. Opinions Attorneys-General, pt. 2, vol. 21. 
 
 Fry Cont. Fry on the Specific Performance of 
 Contracts. 
 
 Full B. R. Full Bench Rulings, Bengal (or North- 
 west Provinces). 
 
 Fuller. Fuller's Reports, vols. 59-105 Michigan. 
 
 Fult. or Fulton. Fulton's Reports, Bengal. 
 
 G. Gale's Reports, English Exchequer;— King 
 George; thus 1 G. I. signifies the first year of the 
 reign of King George I. 
 
 G. B. Great Britain. 
 
 G. Coop, or Cooper. G. Cooper's English Chancery. 
 
 G. Gr. George Greene's Reports, Iowa. 
 
 G. M. Dudl. G. M. Dudley's Reports, Georgia. 
 
 G. O. General Orders, Court of Chancery, Ontario. 
 
 G. 8. General Statutes. 
 
 G. & D. Gale & Davison's Reports, English Ex- 
 chequer ; — Gale & Davison's English Queen's Bench 
 Reports. 
 
 G. & G. Goldsmith & Guthrie, Missouri. 
 
 G. &J. Gill & Johnson's Maryland Reports ;—Glyn 
 & Jameson's English Bankruptcy Reports. 
 
 G. & T. Gould & Tucker's Notes on Revised Stat- 
 utes of United States. 
 
 Ga. Georgia ;— Georgia Reports. 
 
 Ga. Dec. Georgia Decisions, Superior Courts. 
 
 Ga. L. J. Georgia Law Journal. 
 
 Ga. L. Rep. Georgia Law Reporter. 
 
 Ga. Supp. Lester's Supplement, vol. 33 Georgia. 
 
 Gab. Cr. L. Gabbett's Criminal Law. 
 
 Gaii. Gaii Institutionuni Comm,entarii. 
 
 Gaius. Gaius's Institutes. 
 
 Gal. Gallison's Reports, United States Circuit 
 Coiirts. 
 
 GalT). Galbraith's Reports, Florida Reports, vols. 
 9-12. 
 
 Gall), d M. Galbraith & Meek's Reports, Florida 
 Reports, vol. 12. 
 
 Galbraith. Galbraith's Reports, vols. 9-12 Florida. 
 
 Gale. Gale's Reports, English Exchequer. 
 
 Gale E. or Gale, E as em. Gale on Easements. 
 
 Gale Stat. Gale's Statutes of Illinois. 
 
 Gale <£ Dav. Gale & Davison's Queen's Bench Re- 
 ports. 
 
 Gale & W. Gale and Whatley on Easements. 
 
 Gall, or Gallis. Gallison's Reports, United States 
 Circuit Courts. 
 
 Gall. Cr. Cas. Gallick's Reports of French Crim- 
 inal Cases. 
 
 Gall. Hist. Col. Gallick's Historical Collection of 
 French Criminal Cases. 
 
 Gall. Int. L. Gallaudet on International Law. 
 
 Gamb. £ Barl. Gamble & Barlow's Digest, Irish. 
 
 Gantt Dig. Gantt's Digest Statutes, Arkansas. 
 
 Gard. N. Y. Rept. Gardenier's New York Reporter. 
 
 Garden, or Gardetihire. Gardenhire's Reports, Mis- 
 .souri. 
 
 Gardn. P. C. or Gardn. P. Cas. Gardner Peerage 
 Case, reported by Le Marchant. 
 
 Caspar. Caspar's Small Cause Court Reports, 
 Bengal. 
 
 Gay. (La.). Gayarre's Louisiana Reports. 
 
 Gayarre. Gayarre's Reports, vols. 25-28 Louisi- 
 ana Annual. 
 
 Gaz. B. or Gaz. Bank. Gazette of Bankruptcy, Lon- 
 don. 
 
 Gas. Dig. Gazzam's Digest of Bankruptcy Deci- 
 sions. 
 
 Gaz. & B. G. Rep. or Gaz. & Bank. Ct. Rep. Gaz- 
 ette & Bankrupt Court Reporter, New York. 
 
 Gazz. Bank. Gazzam on Bankruptcy. 
 
 Geld. & M. Geldart & Maddock's English Chan- 
 cery Reports, vol. 6 Maddock's Reports. 
 
 Geld, d O. or Geld. <& Ox. (Nova Scotia). Geldert 
 and Oxley's Decisions, Nova Scotia. 
 
 Geld, d R. Geldert & Russell, Nova Scotia. 
 
 Geldart. Geldart & Maddock's English Chancery 
 Reports, vol. 6 Maddock's Reports. 
 
 Gen. Arb. Geneva Arbitration. 
 
 Gen. Abr. Cas. Eq. General Abridgment of Cases 
 in Equity (Equity Cases Abridged). 
 
 Gen. Dig. General Digest American &nd English 
 Reports. 
 
 Gen. Laws. General Laws. 
 
 Gen. Ord. General Orders, Ontario Court of Chan- 
 cery. 
 
 Gen. Ord. Ch. or Gen. Ord. in Ch. General Orders 
 of the English High Court of Chancery. 
 
 Gen. Sess. General Sessions. 
 
 Gen. St. General Statutes. 
 
 Gen. Term. General Term. 
 
 Geo. Georgia; — Georgia Reports; — King George 
 (as 13 Geo. II.). 
 
 Geo. Coop. George Cooper's English Chancery 
 Cases, temp. Eldon. 
 
 Geo. Dec. Georgia Decisions. 
 
 Geo. Dig. George's Mississippi Digest. 
 
 Geo. Dig. George's Digest, Mississippi. 
 
 Geo. Lib. George on Libel. 
 
 George. George's Reports, Mississippi. 
 
 Ger. Real Est. Gerard on Titles to Real Estate. 
 
 Gib. Cod. Gibson's Codex Juris Ecclesiastici An- 
 glicani. 
 
 Gib. Dec. Gibson's Scottish Decisions. 
 
 Gibb.D. dN. Gibbons on Dilapidations and Nui- 
 sances. 
 
 G-ibbon, Rom. Emp. Gibbon, History of the De- 
 cline and Fall of the Roman Empire. 
 
 Gibbs. Gibbs's Reports, Michigan. 
 
 Gibbs Jud. Chr. Gibbs's Judicial Chronicle. 
 
 Gibs. Gibson's Decisions, Scotland. 
 
 Gibs. Camd. Gibson's [edition of] Camden's Bri- 
 tannia. 
 
 Gibson. (Gibson of) Durie's Decisions, Scotch 
 Court of Session. 
 
 Gif. or Gift. Giffard's English Vice-Chancellors's 
 Reports. 
 
 Gif. d Fal. Gilmour & Falconer's Scotch Session 
 Cases. 
 
 Giff. Giffard's Reports, English Chancery. 
 
 Giff. d H. Giffard and Hemming's Reports, Eng- 
 lish Chancery. 
 
 Gil. Gilfillan's Edition, vols. 1-20 Minnesota ;— 
 Oilman's Reports, vols. 6-10 Illinois;— Gilmer's Vir- 
 ginia Reports;- Gilbert's English Chancery Re- 
 ports;— Gilbert's English Cases in Law and Equity. 
 
 Gilb. Gilbert's Reports, English Chancery. 
 
 Gilb. Cas. Gilbert's Cases in Law and Equity, 
 English Chancery and Exchequer. 
 
 Gilb. Ch. Gilbert's Reports, English Chancery. 
 
 Gilb. Ch. Pr. Gilbert's Chancery Practice. 
 
 Gilb. C. P. Gilbert's Common Pleas. 
 
 Gilb. Com. PI. Gilbert's Common Pleas. 
 
 Gilb. Dev. Gilbert on Devices. 
 
 Gilb. Dist. Gilbert on Distress. 
 
 Gilb. Eq. Gilbert's English Equity or Chancery 
 Reports. 
 
 Gilb. Ev. Gilbert's Evidence. 
 
 Gilb. Ex. Gilbert on Executions. 
 
 Gilb. Exch. Gilbert's Exchequer. 
 
 Gilb. For. Rom. Gilbert's Forum Romanum. 
 
 Gilb. K. B. Gilbert's King's Bench. 
 
 G-ilb. Lex PrcB. Gilbert's Lex Pretoria. 
 
 Gilb. Raiho. L. Gilbert's Railway Law, 
 
 Gilb. Rem. Gilbert on Remainders. 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 577 
 
 Gilb. Rents. Gilbert on Rents. 
 
 Gilb. Rep. Gilbert's Reports, English Chancery. 
 
 Gilh. Repl. Gilbert on Replevin. 
 
 Gill). Ten. Gilbert on Tenures. 
 
 Gill). U. or Gilb. Uses. Gilbert on Uses and Trusts. 
 
 Gild. (N.M.). Gildersleeve's New Mexico Reports. 
 
 Gilfillan. GilfiUan's Edition of Minnesota Reports. 
 
 Gill. Gill's Reports, Maryland. 
 
 Gill Pol. Rep. Gill's Police Court Reports, Bos- 
 ton, Mass. 
 
 Gill tC- J. or Gill tC- Johns. (Md.). Gill & Johnson's 
 Reports, Maryland. 
 
 Gilin. Gilman's Reports, vols. 6-10 Illinois; — Gil- 
 mer's Reports, Virginia; — Gilmour's Reports, Scotch 
 Court of Session. 
 
 Gihn. Dig. Gilman's Digest, Illinois and Indiana. 
 
 Gilm. (III.). Gilman's Reports, Illinois. 
 
 Gilm. (Va,). Gilmer's Reports, Virginia. 
 
 (jil)ii. & Fal. ov Gilm. & Falc. Gilmour and Fal- 
 coner's Reports, Scotch Court of Session. 
 
 Gilp. Gilpin's United States District Court Re- 
 ports. 
 
 Gilp. Opin. Gilpin's Opinions of the United States 
 Attorneys-General. 
 
 Gir. W. G. Girard Will Case. 
 
 Gl. Glossa; a gloss or interpretation. 
 
 Gl. t£ J. Glyn & Jameson's English Bankruptcy 
 Reports. 
 
 Glan. lib. Glanville, De Legibus et Consuetudini- 
 bus Anglias. 
 
 Glanv. or Glanvil. Glanville, De Legibus et Con- 
 suetudinibus Angliae. 
 
 Glanv. El. Ca. or Glanv. El. Gas. Glanville's Elec- 
 tion Cases. 
 
 Glas. or Glasc. Glascock's Reports in all the 
 Courts of Ireland. 
 
 Glassf. Glassford on Evidence. 
 
 Glen7i. Glenn's Reports, Louisiana Annual. 
 
 Glov. Mun. Gorp. Glover on Municipal Corpora- 
 tions. 
 
 Glyn <£ Jam. Glyn and Jameson's Bankruptcy 
 Cases, English. 
 
 Go. Goebel's Probate Court Cases. 
 
 Godb. Godbolt's Reports, English King's Bench. 
 
 Godd. Eas. Goddard on Easements. 
 
 Godef. S 8. Godefroi and Shortt on Law of Rail- 
 way Companies. 
 
 Godo. Godolphin's Abridgment of Ecclesiastical 
 Law ;— Godolphin on Admiralty Jurisdiction ;— Go- 
 dolphin's Orphan's Legacy; — Godolphin's Repertori- 
 um Canonicum. 
 
 Godol. Ecc. Law or Godolph. Godolphin's Abridg- 
 ment of Ecclesiastical Law. 
 
 Godolph. Adm. Jur. Godolphin on Admiralty Ju- 
 risdiction. 
 
 Godolph. Leg. Godolphin's Orphan's Legacy. 
 
 Godolph. Rep. Can. Godolphin's Repertorium Ca- 
 nonicum. 
 
 Gods. Pat. Godson on Patents. 
 
 Goeb. or Goeb. Prob. Ct. Gas. Goebel's Probate 
 Court Cases. 
 
 Gog. Or. Goguet's Origin of Laws. 
 
 Goirand. Goirand's French Code of Commerce. 
 
 Gold, or Goldes. Goldesborough's or Gouldsbor- 
 ough's English King's Bench Reports. 
 
 Gold. & G. Goldsmith & Guthrie's Reports, vols. 
 36-67 Missouri Appeals. 
 
 Goldes. Goldesborough's Reports, English King's 
 Bench. 
 
 Golds. Eq. Goldsmith's Equity Practice. 
 
 Good. Pat. Goodeve's Abstract of Patent Cases. 
 
 Good, d Wood. Full Bench Rulings, Bengal, edit- 
 ed by Goodeve & Woodman. 
 
 Gord. Dig. Gordon's Digest of the Laws of the 
 U. S. 
 
 Gord. Tr. Gordon's Treason Trials. 
 
 Gordon. Gordon's Reports, vols. 24-26 Colorado 
 and vols. 10-13 Colorado Appeals. 
 
 Gosf. Gosford's Manuscript Reports, Scotch Court 
 of Session. 
 
 Goud. R. L. Goudsmit's Roman Law. 
 
 Goxtld. Gouldsborough's English King's Bench Re- 
 ports. 
 
 Gould, PI. Gould on Pleading. 
 
 Gould & T. Gould & Tucker's Notes on Revised 
 Statutes of United States, 
 
 Brief Mak:.(3d Ed.)— 37 
 
 Gouldsb. Gouldsborough's Reports, English King's 
 Bench. 
 
 Gour. Wash. Dig. Gourick's Washington Digest. 
 
 Gow or Gow N. P. Gow's Nisi Prius Cases, Eng- 
 lish. 
 
 Gow Part. Gow on Partnership. 
 
 Gr. Grant's Cases, Pennsylvania; — Green's New 
 Jersey Reports; — Greenleaf's Maine Reports; — 
 Grant's Cases, Canada ; — Grant's Chancery Reports, 
 Ontario. 
 
 Gr. Ca. or G4-. Gas. Grant's Cases, Pennsylvania. 
 
 Gr. Ch. or Gr. Eq. (H. W.) Green's New Jersey 
 Equity Reports; — Gresley's Equity Evidence. 
 
 Go-a. Grant (see Grant) ; — Graham's Reports, vols. 
 98-139 Georgia. 
 
 Grah. Pr. Graham's Practice. 
 
 Grah. d- Wat. N. T. Graham & Waterman on New 
 Trials. 
 
 Grain Hip. Grain's Ley Hipotecaria, of Spain. 
 
 Grcnid Gou. or Grand Gout. Grand Coutumier de 
 Normandie. 
 
 G}-ang. or Granger. Granger's Reports, vols. 22-23 
 Ohio State. 
 
 Grant. Grant's Upper Canada Chancery Reports 
 Ontario ; — Grant's Pennsylvania Cases ; — (Grant of) 
 Elchies's Scotch Session Cases; — Grant's Jamaica 
 Reports. 
 
 Grant Banlc. Grant on Banking. 
 
 Grant Gas. Grant's Cases, Pennsylvania Supreme 
 Court. 
 
 Grant Ch. Grant's Upper Canada Chancery Re- 
 ports. 
 
 Grant Ch. Pr. Grant's Chancery Practice. 
 
 Grant Corp. Grant on Corporations. 
 
 Grant E. & A. Grant's Error and Appeal Reports, 
 Ontario. 
 
 Grant (Jamaica) . Grant's Jamaica Reports. 
 
 Grant Pa. Grant's Cases, Pennsylvania Supreme 
 Court. 
 
 Grant U. C. Grant's Upper Canada Chancery Re- 
 ports. 
 
 Grat. or Gratt. Grattan's Virginia Reports. 
 
 Grav. de Jur. Nat. Gent. Gravina, de Jure Natu- 
 rale Gentium, etc. 
 
 Grav in. Gravina, Originum Juris Civilis. 
 
 Gray. Gray's Massachusetts Reports;— Gray's Re- 
 ports, vols. 112-122 North Carolina. 
 
 Gray Gas. Prop. Gray's Cases on Property. 
 
 Gray Perp. Gray on Perpetuities. 
 
 Gray's Inn J. Gray's Inn Journal. 
 
 Grayd. F. Graydon's Forms, 
 
 Grcav. R. C. or Greav. Russ. Greave's Edition of 
 Russell on Crimes. 
 
 Green. Green's New Jersey Law or Equity Re- 
 ports;— Green's Reports, vols. 11-17 Rhode Island;— 
 G. Greene's Iowa Reports;— Greenleaf's Reports, 
 vols. 1-9 Maine ; — Green's Reports, vol. 1 Oklahoma. 
 
 Green Bag. A legal Journal, Boston. 
 
 Green C. E, C. E. Green's Reports, New Jersey 
 Equity, vols. 16-27. 
 
 G^-een Ch. or Green Eq. Green's Chancery Reports, 
 New Jersey Equity, vols. 2-4. 
 
 Green Cr. L. Rep. Green's Criminal Law Reports, 
 U. S. 
 
 Green L. or Green N. J. Green's Law Reports, New 
 Jersey Law, vols. 13-15. 
 
 Green. Ov. Cas. Greenleaf's Overruled Cases. 
 
 Green (R.I.J. Green's Reports, Rhode Island, 
 vol. 11. 
 
 Green Sc. Cr. Cas. Green's Criminal Cases, Scot- 
 land. 
 
 Green Sc. Tr. Green's Scottish Trials for Treason. 
 
 Green, d H. Greenwood & Horwood's Conveyanc- 
 ing. 
 
 Greene. G. Greene's Iowa Reports;— C. E. Green's 
 New Jersey Equity Reports, vols. 16-27 New Jersey 
 Equity ;— Greene's Reports, vol. 7 New York Anno- 
 tated Cases. 
 
 Greene G. Greene's Iowa Reports. 
 
 Grecnh. Sh. Greenhow's Shipping Law Manual. 
 
 Greenl. Greenleaf's Reports, vols. 1-9 Maine. 
 
 Greenl. Cr. or Greenl. Cruise. Greenleaf's Cruise 
 on Real Property. 
 
 Greenl. Ev. Greenleaf on Evidence. 
 
 Greenl. Ov. Cas. Greenleaf's Overruled Cases, 
 
578 
 
 Appendix. 
 
 (Part VI 
 
 Green's Brice's V. V, or Green's Bricej Ultra Vires, 
 Green's Edition of Brice's Ultra Vires. 
 
 Crreenw. Courts. Greenwood on Courts. 
 
 Oreenw. & M. Greenwood & Martin's Police Guide. 
 
 Grein. Dig. Greiner's Digest, Louisiana. 
 
 Gren. or Gren. (Ceylon). Grenler's Ceylon Reports. 
 
 Gresl. Eq. Ev. Gresley's Equity Evidence. 
 
 Grey Del). Grey's Debates in Parliament. 
 
 Grif. L. Reg. Griffltli's Law Register, Burlington, 
 New Jersey. 
 
 Grif. P. B. Cas. Griffltli's English Poor Rate Cases. 
 
 Griff. Cr. Griffith on Arrangements with Credi- 
 tors. 
 
 Griff. Ct. Mar. Griffith on Courts-Martial. 
 
 Griff. Inst. Griffith's Institutes of Equity. 
 
 Griff. L. R. Griffith's Law Register, Burlington, 
 N. J. 
 
 Griff. Pat. Cas. Griffin's Abstract of Patent Cases. 
 
 Grijfith. Griffith's Reports, vols. 1-5 Indiana Ap- 
 peals and vols. 117-132 Indiana. 
 
 Grimke Ex. Grimke on Executors and Adminis- 
 trators. 
 
 Grimhe Just. Grimke's Justice. 
 
 Grimke P. L. Grimke's Public Laws of South Car- 
 olina. 
 
 Grisw. (0.). Griswold's Reports, Ohio. 
 
 Grisw. Und. T. B. Griswold's Fire Underwriters' 
 Text Book. 
 
 Gro. or Gro. B. et P., or Gro. de J. B. or Grot, or 
 Grot, de Jur. B. Grotius, De Jure Belli et Pacis. 
 
 Grot. Dr, de la Guer. Grotius Le Droit de la Guerre. 
 
 Gude Pr. , Gude's Practice on the Crown Side of 
 the King's Bench. 
 
 Guern. Eq. Jur. Guernsey's Key to Equity Juris- 
 prudence. 
 
 Guizotj Hist. Civilization. Guizot, General History 
 of Civilization in Europe. 
 
 Guisotj Rep. Govt. Guizot, History of Representa- 
 tive Government. 
 
 Gundry. Gundry Manuscripts in Lincoln's Inn 
 Library. 
 
 Guth. Sh. Cas. Guthrie's Sheriff Court Cases, 
 Scotland. 
 
 Guthrie. Guthrie's Reports, vols. 33-83 Missouri 
 Appeals. 
 
 Guthrie. Guthrie's Sheriff Court Cases, Scotland. 
 
 Guy, Med. Jur. Guy on Medical Jurisprudence. 
 
 Guy R^per. Guy's Repertoire de la Jurispriidence. 
 
 Guyot, Inst. Feod. Guyot, Institutes Feodales. 
 
 Gwil. Ti. Cas. or Gwill. Gwillim's Tithe Cases. 
 
 H. Howard's United States Supreme Court Re- 
 ports ;— Hill's New York Reports ;— Hilary Term ;— 
 King Henry ; thus 1 H. I. signifies the first year 
 of the reign of King Henry I. 
 
 h. a. Hoc anno. 
 
 H. Bl. or H. Bla. Henry Blackstone's English 
 Common Pleas Reports. 
 
 H. C. House of Commons. 
 
 H. C. R. High Court Reports, India. 
 
 H. C. R. N. W. P. High Court Reports, Northwest 
 Provinces, India. 
 
 JS. E. C. Hodgin's Election Cases, Ontario. 
 
 H. II. C. L. Hale's History of the Common Law. 
 
 H. H. P. C. Hale's History, Pleas of the Crown. 
 
 S. L. House of Lords. 
 
 H. L. C. or H. L. Cas. House of Lords Cases 
 (Clark's). 
 
 H. L. F. Hall's Legal Forms. 
 
 S. L. Rep. Clark and Finnelly's House of Lords 
 Reports, New Series. 
 
 B. P. C. Hale's Pleas of the Crown ; — Hawkins' 
 Pleas of the Crown. 
 
 H. T. Hilary Term. 
 
 U, t. Hoc titulum, or hoc titulo. 
 
 h. V. Hoc verbum, or hia verbis. 
 
 B. W. Gr. H. W. Green's New Jersey Equity Re- 
 ports. 
 
 H. d B. Hudson & Brooke's Irish King's Bench 
 Reports. 
 
 B. d C. Hurlstone & Coltman's English Exchequer 
 Reports. . 
 
 if. <£ D. Lalor's Supplement to Hill and Denio's 
 Reports, New York. 
 
 H. & Disb. Pr, Holmes and Bisbrow's Practice, 
 
 B. de G. Harris & Gill's Maryland Reports ;— Hurl- 
 stone & Gordon's English Reports. 
 
 B. & B. Horn & Hurlstone's English Exchequer 
 Reports ; — Harrison & Hodgin's Municipal Reports, 
 Upper Canada. 
 
 B. & J. Harris & Johnson's Maryland Reports ; — 
 Hayes & Jones's Exchequer Reports, Ireland. 
 
 H. & J. Forms. Hayes and Jarman's Forms of 
 Wills. 
 
 B. & J. Ir. Hayes and Jones's Reports, Irish Ex- 
 chequer. 
 
 B. & M. Hening & Munford's Virginia Reports ; — 
 Hemming & Miller's English Vice-Chancellors' Re- 
 ports. 
 
 B. & M. Ch. Hemming & Miller's English Vice- 
 Chancellors' Reports. 
 
 B. <£ McB. Harris & McHenry's Maryland Re- 
 ports. 
 
 H. & N. Hurlstone and Norman's Reports, English 
 Exchequer. 
 
 B. & P. Hopwood and Philbrick's Election Cases. 
 
 B. & R. Harrison & Rutherford's English Common 
 Pleas Reports. 
 
 B. & S. Harris and Simrall's Mississippi Reports. 
 
 B. & T. Hall and Twell's Reports, English Chan- 
 cery. 
 
 E. d T. Self-Def. Horrigan & Thompson's Cases 
 on the Law of Self-Defense. 
 
 H. d W. Harrison & Wollaston's English King's 
 Bench Reports ; — Hurlstone & Walmsley's English 
 Exchequer Reports. 
 
 Ba. Hare's Chancery Reports ; — Hall ; — Haggard. 
 
 Ba. d Tw. Hall and Twell's Reports, English 
 Chancery, 
 
 Bal). Corp. Habeas Corpus. 
 
 Bal>. fa. poss. Habere facias possessionem. 
 
 Hal), fa. seis. Habere facias seisinam. 
 
 Had. Haddington ; — Hadley's Reports, vols. 45-48 
 New Hampshire. 
 
 Badd. or Baddington. Haddington's Reports, 
 Scotch Court of Session. 
 
 Badl. Hadley's Reports, vols. 45-48 New Hamp- 
 shire. 
 
 Badl. Int. R. L. or Badl. Rom. Law. Hadley's In- 
 troduction to the Roman Law. 
 
 Badley. Hadley's Reports, vols. 45-48 New Hamp- 
 shire. 
 
 Bag. Adm. Haggard's English Admiralty Reports. 
 
 Hag. Con. Haggard's English Consistory Reports. 
 
 Bag. Ecc. Haggard's English Ecclesiastical Re- 
 ports. 
 
 Bag. (Utah). Hagan's Utah Reports. 
 
 Hag. (W.Ya.). Hagan's Reports, West Virginia. 
 
 Bagan. Hagan's Reports, vols. 1-2 Utah. 
 
 Hagans. Hagans's Reports, vols. 1-5 West Vir- 
 ginia. 
 
 Bagg. See Hag. 
 
 Bagg. Adm. Haggard's Admiralty Reports, Eng- 
 lish. 
 
 Bagg. Con. or Bagg. Consist. Haggard's Consistory 
 Reports, English. 
 
 Bagg. Ecc. Haggard's Ecclesiastical Reports, Eng- 
 lish. 
 
 Bagn.dM. (Md.). Hagner and Miller's Maryland 
 Reports. 
 
 Eailes. Hailes's Decisions, Scotch Court of Ses- 
 sion. 
 
 Bailes Ann. Hailes's Annals of Scotland. 
 
 Baines Am. L. Man. Haines's American Law Man- 
 ual. 
 
 Hal. Law. Halsted's New Jersey Law Reports. 
 
 Bale. Cas. or Hale. Min. Cas. Halcomb's Mining 
 Cases, London, 1826. 
 
 Bale. Hale's Reports, vols. 33-37 California. 
 
 Bale Anal. Hale's Analysis of the Law. 
 
 Bale C. L. or Bale Com. Law. Hale's History of 
 the Common Law. 
 
 Hale, De Jure Mar. Hale, De Jure Maris. 
 
 Bale Ecc. Hale's Ecclesiastical Reports, English. 
 
 Bale, Eist. Eng. Law. Hale's History of the Eng- 
 lish Law. 
 
 Hale Jur. E. L. Hale's Jurisdiction of the House 
 of Lords. 
 
 Hale P. C. Hale's Pleas of the Crown. 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 579 
 
 BalePrea. Hale's Precedents In (Booleslastlcal) 
 Criminal Cases. 
 
 Hale Sum. Hale's Summary of Pleas. 
 
 Halle. Halkerston's Compendium of Scotch Facul- 
 ty Decisions ;—Halkerston's Digest of -the Scotch 
 Marriage Law ;— Halkerston's Latin Maxims. 
 
 Halk. Comp. Halkerston's Compendium of Scotch 
 Faculty Decisions. 
 
 Halk. Dig. Halkerston's Digest of the Scotch Mar- 
 plage Law. 
 
 Halk. Lat. Max. Halkerston's Latin Maxims. 
 
 Hall. Hall's New York Superior Court Reports ; — 
 Hall's Reports, vols. 56, 57 New Hampshire : — Hal- 
 lett's Reports, vols. 1, 2 Colorado. 
 
 Hall Adm. Hall's Admiralty Practice. 
 
 Hall Am. L. J. American Law Journal (Hall's). 
 
 Hall. (Col.). Hallett's Colorado Reports. 
 
 Hall. Const. Hist. Hallam's Constitutional History 
 of England. 
 
 Hall, Em.4rig. Mar. Loans. Hall, Essay on Mari- 
 time Loans from the French of ^merigon. 
 
 Hall, Int. Law. Hall on International Law. 
 
 Hall Jour. Journal of Jurisprudence (Hall's). 
 
 Hall L.J, American Law Journal (Hall's). 
 
 Hall. Law 0/ W. Halleck's International Law and 
 Law of War. 
 
 Hall, Marit. Loans. Hall, Essay on Maritime 
 Loans from the French of ;6m§rigon. 
 
 Hall, Mex. Law. Hall, Laws of Mexico Relating 
 to Real Property, etc. 
 
 Hall. Middle Ages. Hallam's Middle Ages. 
 
 HallNeut. Hall on Neutrals. 
 
 Hall (N.H.). Hall's New Hampshire Reports. 
 
 Hall, Profits a Prendre. Hall, Treatise on the Law 
 Relating to Profits 2. Prendre, etc. 
 
 Hall Sea Sh. Hall on the Sea Shore. 
 
 Hall £ Tw. Hall and Twell's Reports, English 
 Chancery. 
 
 Hallam. Hallam's Middle Ages. 
 
 Hallam's Const. Hist. Hallam's Constitutional His- 
 tory of England. 
 
 Hallam, Mid. Ages. Hallam's Middle Ages. 
 
 Hallett. Hallett's Reports, Colorado Reports, vols. 
 1-2. 
 
 Hallifax, Anal, or Hallifax Civil Law. Hallifax's 
 Analysis of the Civil Law. 
 
 Hals, or Halst. or Halst. L. Halsted's New Jersey 
 Law Reports, vols. 6-12. 
 
 Halst. CTi. or Halst. Eg. Halsted's Chancery Re- 
 ports, New Jersey Equity. 
 
 Halst. Bv. Halsted's Digest of the Law of Evi- 
 dence. 
 
 Ham. Hammond's Nisi Prius ;— Hammond's Re- 
 ports, vols. 1-9 Ohio : — Hamilton's Reports, Scotch 
 Court of Session. 
 
 Ham. A. <£ O. Hammerton, Allen & Otter, English 
 Magistrates' Cases, vol. 3 New Sessions Cases. 
 
 Ham. N. P. Hammond's Nisi Prlus. 
 
 Ham. Parties. Hammond on Parties to Action. 
 
 Hamel, Cust. Hamel's Laws of the Customs. 
 
 Hamilton. (Hamilton of) Haddington's Manu- 
 script Cases, Scotch Court of Session ;— Hamilton, 
 American Negligence Cases. 
 
 Hamlin. Hamlin's Reports, vols. 81-99 Maine. 
 
 Hamm. A. dc O. Hamerton, Allen & Otter's Magis- 
 trate Cases, English Courts, vol. 3 New Session 
 Cases. 
 
 Hamm. F. Ins. Hammond on Fire Insurance. 
 
 Hamm. (Ga.). Hammond's Reports, Georgia 
 
 Hamm. Insan. Hammond on Insanity. 
 
 Hamm. (OMo). Hammond's Reports, Ohio. 
 
 Hamm. N. P. Hammond's Nisi Prius. 
 
 Hamm. Part. Hammond on Parties to Action. 
 
 Hamm. PI. Hammond's Principles of Pleading. 
 
 Hamm. & J. Hammond and Jackson's Reports, 
 Georgia, vol. 45. 
 
 Hammond. Hammond's Reports, vols. 1-9 Ohio;— 
 Hammond's Reports, vols. 36-45 Georgia. 
 
 Hammond & Jackson. Hammond & Jackson's Re- 
 ports, vol. 45 Georgia. 
 
 Han. Bandy's Ohio Reports ;— Hannay's Reports, 
 New Brunswick. 
 
 Han. Ent. Hansard's Entries. 
 
 Han. Horse. Hanover on the Law of Horses. 
 
 Han. (N. B.). Hannay's Reports, vols. 12, 13, New 
 Brunswick. 
 
 Hand. Hand's Reports, vols. 40-45 New York; — 
 Handy's Ohio Reports. 
 
 Hand Ch. Pr. Hand's Chancery Practice. 
 
 Hand Cr. Pr. Hand's Crown Practice. 
 
 Handy. Handy's Ohio Reports. 
 
 Hanes. Hanes's English Chancery. 
 
 Hanmer. Hanmer's Lord Kenyon's Notes, Eng- 
 lish King's Bench. 
 
 Hann. Hannay's Reports, New Brunswick. 
 
 Hans. Hansard's Entries. 
 
 Hans. Pari. Deb. Hansard's Parliamentary De- 
 bates. 
 
 Hansb. Hansbrough's Reports, vols. 76-90 Vir- 
 ginia. 
 
 Hanson. Hanson on Probate Acts, etc. 
 
 Har. Harmonized; — Harrison (see Harr.) ; — Har- 
 rington's Chancery Reports, Michigan. 
 
 Har. (Del.). Harrington's Reports, vols. 1-5 Del- 
 aware. 
 
 Har. St. Tr. Hargrave's State Trials. 
 
 Har. & G. or Har. & Gill. Harris and Gill's Re- 
 ports, Maryland. 
 
 Har. d J. or Har. S John. (Md.) . Harris and John- 
 son's Reports, Maryland. 
 
 Har. (£• McH. Harris and McHenry's Reports, Ma- 
 ryland. 
 
 Har. & Buth. Harrison & Rutherford's English 
 Common Pleas Reports. 
 
 Har. d W. or Har. £ Wall. Harrison and Wollas- 
 ton's Reports, English King's Bench. 
 
 Hare. Harcase's Decisions, Scotch Court of Ses- 
 sion. 
 
 Hard. Hardres's Reports, English Exchequer. 
 
 Hard. OT Hardin (Ky.). Hardin's Reports, Ken- 
 tucky. 
 
 Hard. Stat. L. Hardcastle's Construction and Ef- 
 fect of Statutory Law. 
 
 Hardes. Hardesty, Delaware Term Reports. 
 
 Hardr. or Hardres. Hardres's English Exchequer 
 Reports. 
 
 Hardw. Cases tempore Hardwicke, by Ridgeway; 
 — Cases tempore Hardwicke, by Lee. 
 
 Hare. Hare's Reports, English Chancery. 
 
 Hare Const. Hare on the Constitution of the U. S. 
 
 Hare Dis. or Hare Ev. Hare on Discovery of Evi- 
 dence. 
 
 Hare £ W. or Hare £ Wal. L. C. American Leading 
 Cases, edited by Hare & Wallace. 
 
 Harg. Hargrave's State Trials ;— Hargrove's Re- 
 ports, vols. 68-75 North Carolina. 
 
 Harg. 0. B. M. Hargrave's Collection, British Mu- 
 seum. 
 
 Harg. Co. Litt. Hargrave's Notes to Coke on Lit- 
 tleton. 
 
 Harg. Coll. Hargrave's^ Judicial Arguments and 
 Collection. 
 
 Harg. Exer. Hargrave's Jurisconsult Exercita- 
 tions. 
 
 Harg. Jud. Arg. Hargrave's Judicial Arguments. 
 
 Harg. Law Tr. or Harg. Law Tracts. Hargrave's 
 Law Tracts. 
 
 Harg. Th. Hargrave on the Thellusson Act. 
 
 Harg. St. Tr. or Harg. State Tr. Hargrave's State 
 Trials. 
 
 Hargrove. Hargrove's Reports, vols. 68-75 North 
 Carolina. 
 
 Harl. C. B. M. Harleian Collection, British Mu- 
 seum. 
 
 Harm. Harmon's Reports, vols. 13-15 California; 
 — Harmon's Upper Canada Common Pleas Reports. 
 
 Harm. (U. C). Harman's Common Pleas Reports, 
 Upper Canada. 
 
 Harp, or Harp. L. or Harp. L. S. G. Harper's South 
 Carolina Law Reports. 
 
 Harp. Con. Cas. Harper's Conspiracy Cases, Ma- 
 ryland. 
 
 Harp. Eq. Harper's Equity Reports, South Caro- 
 lina. 
 
 Harp. L. or Harp. L. S. C. Harper's Law Reports, 
 South Carolina. 
 
 Harr. Harrison's Reports, New Jersey Law ; — 
 Harrington's Reports, Delaware; — Harrington's 
 Chancery Reports, Michigan ; — Harris's Reports. 
 
580 
 
 Appendix. 
 
 (Part VI 
 
 vols. 13-24 Pennsylvania; — Harrison's Reports, vols. 
 15-17 and 23-29 Indiana. 
 
 Harr. Ch. Harrison's Chancery Reports, Michi- 
 gan. 
 
 Harr. Ch. Pr. Harrison's Chancery Practice. 
 
 Harr. Con. La. R. Harrison's Condensed Louisi- 
 ana Reports. 
 
 Harr. (Del.). Harrington's Reports, Delaware. 
 
 Harr. Dig. Harrison's Digest of English Common 
 Law Reports. 
 
 Harr. Ent. Harris's Book of Entries.' 
 
 Harr, (Ind.). Harrison's Reports, Indiana. 
 
 Harr. (Mich.). Harrington's Chancery Reports, 
 Michigan. 
 
 Harr. (N.J.) . Harrison's Reports, New Jersey 
 Law, vols. 16-19. 
 
 Harr. (Pa.). Harris's Reports, Pennsylvania. 
 
 Harr. Proc. Harrison's Common Law Procedure 
 Act. 
 
 Harr. <& G. Harris and Gill's Reports, Maryland. 
 
 Harr. d Hodg. Harrison & Hodgin's Upper Can- 
 ada Municipal Reports. 
 
 Harr. d J. Harris and Johnson's Reports, Mary- 
 land. 
 
 Harr. & McH. Harris and McHenry's reports, 
 Maryland. 
 
 Harr. & R. or Harr. & Ruth. Harrison and Ruther- 
 ford's Reports, English Common Pleas. 
 
 Harr. & S. or Harr. d Sim. Harris and Simrall's 
 Reports, Mississippi, vols. 49-52. 
 
 Harr. d W- or Harr. d Woll. Harrison and WoU- 
 aston's Reports, English King's Bench. 
 
 Harring. Harrington's Delaware Reports;— Har- 
 rington's Michigan Chancery Reports. 
 
 Harris. Harris's Pi,eports, vols. 13-24 Pennsyl- 
 vania. 
 
 Harris Dig. Harris's Digest, Georgia. 
 
 Harris d Simrall. Harris & Simrall's Reports, 
 vols. 49-52 Mississippi. 
 
 Harrison. Harrison's Reports, vols. 15-17 and 23- 
 29 Indiana. 
 
 Hart. Hartley's Reports, vols. 4-10 Texas ;— Hart- 
 ley's Digest of Texas Laws. 
 
 Hart. Dig. Hartley's Digest of Laws, Texas. 
 
 Hartley. Hartley's Reports, vols. 4-10 Texas. 
 
 Hartley & Hartley. Hartley & Hartley's Reports, 
 vols. 11-21 Texas. 
 
 Harv. Laio Rer'. Harvard Law Review. 
 
 Hask. Haskell's Reports, United States Courts, 
 Maine (Fox's Decisions). 
 
 Hasl. Med. Jiir. Haslam's Medical Jurisprudence. 
 
 Hast. Hastings's Reports, vols. 69, 70 Maine. 
 
 Hast. Tr. Sp. Speeches in the trial of Warren 
 Hastings, Ed. by Bond. 
 
 Hats. Pr. Hatsell's Parliamentary Precedents. 
 
 Hav. Ch. Rep. Haviland's Chancery Reports, Prince 
 Edward Island. 
 
 Hav. P. E. I. Haviland's Reports, Prince Edward 
 Island. 
 
 Haw. Hawkins (see Hawk.) ;— Hawaiian Reports; 
 — Hawley's Reports, vols. 10-20 Nevada. 
 
 Haw. A7)i. Cr. Rep. or Haw. Cr. Rep. Hawley's 
 American Criminal Reports. 
 
 HatD. W. C. or Haio. W. Cas. Hawes's Will Case. 
 
 Hawaii or Hawaiian Rep. Hawaii (Sandwich Is- 
 lands) Reports. 
 
 Hawk. Hawkin's Reports, Louisiana Annual. 
 
 Hawk. Abr. or Hawk. Co. Litt. Hawkins's Coke up- 
 on Littleton. 
 
 Hawk. P. C. or Hawk. PI. Cr. Hawkins's Pleas of 
 the Crown. 
 
 Hawk. W. Hawkins on Construction of Wills. 
 
 Hawkins. Hawkins's Reports, vols. 19-24 Louisi- 
 ana Annual. 
 
 Hawks. Hawks's North Carolina Reports. 
 
 Hawl. Cr. R. Hawley's American Criminal Re- 
 ports. 
 
 Hawl. or Haivlcy (Nev.). Hawley's Nevada Re- 
 ports and Digest. 
 
 Haioley Cr. R. Hawley's American Criminal Re- 
 ports. 
 
 Hay. Haywood's North Carolina Reports ; — Hay- 
 wood's Tennessee Reports (Haywood's Reports are 
 sometimes referred to as though numbered consecu- 
 tively from North Carolina through Tennessee);— 
 
 Hayes's Irish Exchequer Reports. See also Hayes ; 
 —Hayes's Reports, Calcutta;— Hay's Scotch Deci- 
 sions. 
 
 Hay Ace. or Hay Dec. or Hay Ace. Cas. Hay's De- 
 cisions on Accidents and Negligence. 
 
 Hay (Calc). Hay's Reports, Calcutta. 
 Hay. Conv. Hayes's Conveyancer. 
 
 Hay Dec. Hay's Decisions on Accidents and Neg- 
 ligence. 
 
 Hay. Est. or Hay. V. D. d T. Hayes on the Law 
 of Uses, Devises, and Trusts, with reference to the 
 Creation and Conveyance of Estates. 
 
 Hay. Exch. Hayes's Reports, Irish Exchequer. 
 
 Hay. Lim. Hayes on Limitations. 
 
 Hay P. L. Play's Poor Law Decisions. 
 
 Hay.TJ.D. dT. Hayes on the Law of Uses, De- 
 vises, and Trusts, with reference to the Creation 
 and Conveyance of Estates. 
 
 Hay. & H. or Hay. d Haz. Hayward & Hazelton's 
 United States Circuit Court Reports. 
 
 Hay. d J. Hayes and Jones's Reports, Irish Ex- 
 chequer. 
 
 Hay. d J. Wills. Hayes and Jarman on Wills. 
 
 Hay & M. or Hay d Marr. Hay & Marriott's Ad- 
 miralty Reports (usually cited, Marriott's Reports). 
 
 Hayes or Hayes Exch. Hayes's Irish Exchequer 
 Reports. 
 
 Hayes Conv. Hayes on Conveyancing. 
 
 Hayes d Jo. or Hayes d Jon. Hayes & Jones's 
 Irish Exchequer Reports. 
 
 Haynes Lead. Cas. Haynes's Students' Leading 
 Cases. 
 
 Haynes, Eq. Haynes's Outlines of Equity. 
 
 Hays R. P. Hays on Real Property. 
 
 Hayw. Haywood's North Carolina Reports;— Hay- 
 wood's Tennessee Reports (see Hay.). 
 
 Hayw. L. R. Hayward's Law Register, Boston. 
 
 Hayw. (N. C). Haywood's Reports, North Caro- 
 lina. 
 
 Hayw. (Tenn.). Haywood's Reports, Tennessee. 
 
 Hayw. d H. or Hayw. d H. (D. C). Hayward & 
 Hazelton's United States Circuit Court Reports. 
 
 Haz. Pa. Reg. Hazard's Pennsylvania Register. 
 
 Haz. V. S. Reg. Hazard's United States Register. 
 
 Haz. d Roch. M. War. Hazlitt and Roche on Mari- 
 time Warlare. 
 
 Head. Head's Reports, Tennessee. 
 
 Heard Civ. PI. Heard's Civil Pleading. 
 
 Heard Cr. L. Heard's Criminal Law, Massachu- 
 setts. 
 
 Heard Cr. PI. Heard's Criminal Pleading. 
 
 Heard L. & SI. Heard on Libel and Slander. 
 
 Heath. Heath's Reports, Maine. 
 
 Heath Max. Heath's Maxims, 
 
 Heck. Cas. Hecker's Leading Cases on Warranty. 
 
 Hedges. Hedges's Reports, vols. 2-6 Montana. 
 
 Hei7i. Heineccius Opera. 
 
 Heinecc. Ant. Rom. Heineccius (J. G.) Antiquita- 
 tum Romanarum (Roman Antiquities.) 
 
 Heinecc. de Camh. Heineccius (J. G.) Elementa 
 Juris Cambialis. 
 
 Heinecc. Elcm. Heineccius (J. G.) Elementa Ju- 
 ris Civilis (Elements of the Civil Law.) 
 
 Heisk. Heisktdl's Reports, Tennessee. 
 
 Helm. Helm's Reports. Nevada Reports. 
 
 I-Iem. Hempstead, United States ;— Hemingway, 
 Mississippi. 
 
 Hem. d M. or Hem. d Mil. Hemming & Miller's 
 English Vice-Chancellors' Reports. 
 
 Heming. (Miss.). Hemingway's Mississippi Re- 
 ports. 
 
 Hemp. Hempstead's United States Circuit Court 
 Reports. 
 
 Hcmpst. Hempstead's Reports, U. S. 9th Circuit 
 Ct. Reports. 
 
 Hen. King Henry ; thus 1 Hen. I. signifies the 
 first year of the reign of King Henry I. 
 
 Hen. Bl. or Hen. Bla. Henry Blackstone's English 
 Common Pleas Reports. 
 
 Hen. For. Law. Henry on Foreign Law. 
 
 Hen. La. Dig. Hennen's Louisiana Digest. 
 
 Hen. Man. Cas. Henry's Manumission Cases. 
 
 Hen. Va. J. P. Hening's Virginia Justice of the 
 Peace. 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 581 
 
 Hen. (& M. or Hen. <£ Mun. (Va.). Hening & Mun- 
 ford's Virginia Reports. 
 Heyh. Hepburn's Reports, vols. 3, 4 California. 
 Her. Heme's Pleader. 
 
 Her. Char. V. Hemes Law of Charitable Uses. 
 Her. Estop. Herman on Estoppel. 
 Fler. Ex. Herman on Executions. 
 Her. Hist, or Her. Jur. Heron's History of Juris- 
 prudence. 
 
 Het. or Heil. Hetley's Englisli Common Pleas Re- 
 ports, 
 
 Heyle Imp. D. Heyle's United States Import Du- 
 ties. 
 
 Heyw. Ca. Hcywood's Table of Cases, Georgia. 
 
 Hcyw. El. Heywood on Elections. 
 
 Hibb. Hibbard's Reports, vol. 20 Opinions Attor- 
 neys-General ; — Hibbard's Reports, vol. 67 New 
 Hampshire, 
 
 Hig. Dig. Pat. Cas. Higgin's Digest of Patent 
 Cases. 
 
 High. Bail. Highraore on Bail. 
 
 High Ct. or Hiiih Ct. R. High Court Reports, 
 Northwest Provinces of India. 
 
 High Inj. High on Injunction. 
 
 High Leg. Rem. High on Legal Remedies. 
 
 High. Lun. Highmore on Lunacy. 
 
 High. Mortm. Highmore on Mortmain. 
 
 High Rec. High on Receivers. 
 
 Hight. Hight'a Reports, vols. 57-58 Iowa. 
 
 Hil. T. Hilary Term. 
 
 Hildy M. Ins. Hildy on Marine Insurance. 
 
 Hill. Hill's New York Reports ;— Hill's Law Re- 
 ports, South Carolina. 
 
 Hill. Abr. Hilliard's Abridgment of the Law of 
 Real Property. 
 
 Hill. Am. Jur. Hilliard's American Jurisprudence. 
 
 Hill. Am. Law. Hilliard's American Law. 
 
 Hill. B. d Ins. Hilliard on Bankruptcy and In- 
 solvency. 
 
 Hill Ch. Hill's Chancery Reports, South Carolina. 
 
 Hill Ch. Pr. Hill's Chancery Practice. 
 
 Hill. Contr. Hilliard on Contracts. 
 
 Hill Eq. Hill's Equity. South Carolina Reports. 
 
 Hill Fixt. Hill on Fixtures. 
 
 Hill. Inj. Hilliard on Injunction. 
 
 Hill. Mart. Hilliard on Mortgages. 
 
 Hill. N. T. or Hill. New Trials. Hilliard on New 
 Trials. 
 
 Hill (N.Y.). Hill's Reports, New York. 
 
 Hill. R. P. or Hill. Real Prop. Hilliard on Real 
 Property. 
 
 Hill. Sales. Hilliard on Sales. 
 
 Hill S. C. Hill's South Carolina Reports (Law or 
 Equity). 
 
 Hill. Tax. Hilliard on the Law of Taxation. 
 
 Hill. Tort. Hilliard on Torts. 
 
 Hill Tr. Hill on Trustees. 
 
 Hill. Vend. Hilliard on Vendors. 
 
 Hill <£- D. OT Hill (& Den. (N.Y.). Hill and Denio's 
 New York Reports. 
 
 Hill <£ Den. Sup. or Hill d Den. Supp. Lalor's Sup- 
 plement to Hill and Denio's Reports, New York. 
 
 Hillyer. Hillyer's Reports, California Reports. 
 
 Hilt. Hilton's Reports, Common Pleas, New York. 
 
 Hind. Pat. Hindemarch on Patents. 
 
 Hincle Ch. Pr. Hinde, Modern Practice of the 
 High Court of Chancery. 
 
 Hines. Hines's Reports, vols. 83-98 Kentucky. 
 
 Ho. Lord Cas. House of Lords Cases (Clark's). 
 
 Hob. Hobart's Reports, English Common Pleas 
 and Chancery. 
 
 Hod. Hodge's Reports, English Common Pleas. 
 
 Hod. Railxo. Hodge on the Law of Railways. 
 
 Hodg. Hodges's English Common Pleas Reports. 
 
 Hodg. Can. Elec. Cas. or Hodg. El. Cas. (Ont.). 
 Hodgin's Canada Election Cases. 
 
 Hoff. Hoffman's Land Cases, United States Dis- 
 trict Court ;— Hoffman's New York Chancery Re- 
 ports. 
 
 Hoff. Ch. Hoffman's New York Chancery Re- 
 ports. 
 
 Hojf. Ch. Pr. Hoffman's Chancery Practice. 
 
 Hoff. Ecc. L. Hoffman's Ecclesiastical Law. 
 
 Hoff. Land or Hoff. Land Ca. or Hoff. L. C. Hoff- 
 man's Land Cases. U. S. Dist. Ct. of California. 
 
 Hoff. Lead. Ca or Hoff. Lead. Cas. Hoffman's Lead- 
 ing Cases, Commercial Law. 
 Hoff. Leg. St. Hoffman's Legal Studies. 
 Iloff. Mas. Ch. or Hoff. Mast. Hoffman's Master in 
 Chancery. 
 
 Hoff. or Hoff. Ch. (N. Y.). Hoffman's Chancery Re- 
 ports, New York 
 Hoff. Outl. tloffman's Outlines of Legal Studies. 
 Hoff. Publ. Pap. Hoffman's Public Papers, New 
 York. 
 Hoff. Bef. Hoffman on Referees. 
 Hoffm. Ch. Hoffman's New York Chancery Re- 
 ports. 
 
 Hog. Hogan's Irish Rolls Court Reports ;— (Ho- 
 gan of) Harcarse's Scotch Session Cases. 
 Hog. St. Tr. Hogan's Penn.sylvania State Trials. 
 Hogue. Hogue's Reports, Florida. 
 Hole. D. d Cr. Holcombe's Law of Debtor and 
 Creditor. ^ 
 
 Hole. L. Cas. Holcombe's Leading Cases of Com- 
 mercial Law. 
 Hole. Dig. Holcombe's Digest. 
 
 Hole. Eq. Jur. Holcombe's Equity Jurisprudence. 
 Hole. Lead. Cas. Holcombe's Leading Cases on 
 Commercial Law. 
 Hoi. Inst. Holland's Institutes of Justinian. 
 Holl. Jur. Holland's Elements of Jurisprudence. 
 Holl. or Hollin.she ad (Minn.). HoUinshead's Min- 
 nesota Reports. 
 
 Holm, or Holmes. Holmes's United States Circuit 
 Court Reports ;— Holmes's Reports, vols. 15-17 Ore- 
 gon. 
 
 Holt. Holt's English King's Bench Report'^ :— 
 Holt's English Nisi Prius Reports ;— Holt's English 
 Equity Reports. 
 
 Holt Adm. or Holt Adm. Cas. Holt's Admiralty 
 Cases. (Rule of the Road at Sea.) 
 Holt Ch. Holt's Equity V. C. Court. 
 Holt Eq. or Holt Eq. Rep. Holt's English Equity 
 Reports. 
 Holt K B. Holt's English King's Bench Reports. 
 Holt. Tj. Die. Hnlthouse's Law Dictionary. 
 Holt N. P. Holt's Nisi Prius Reports. English 
 Courts. 
 
 Holt R. of R. or Holt Rule of R. Holt's Rule of the 
 Road Cases. 
 Hclt .^h. Holt on Shipping. 
 
 HnJthouse or Holthouse Die. Holthouse's Law Dic- 
 ti'^'Ufiry. 
 
 Holtz. Enr. Holtzendorff, Encyclopadie der Rechts- 
 wi^senschaft. (Encyclopedia of Jurisprudence.) 
 
 Home or Home H. Dec. Home's Manuscript Deci- 
 sions, Scotch Court of Session. See also Kames. 
 Hood Ex. Hood on Executors. 
 
 HooTc. or Hool:er. Hooker's Reports, Connecticut. 
 Hoon. or Hoonahan. Hoonahan's Sind Reports, In- 
 dia. 
 
 Hnp. & C. Hopwood & Coltman's English Regis- 
 tration Appeal Cases. 
 
 Hop. tt Ph. Hopwood & Philbrick's English Reg- 
 istration Appeal Cases. 
 
 Ho2:e. Hope (of Kerse) Manuscript Decisions, 
 Scotch Court of Session. 
 H<jpe Min. Pr. Hope's Minor Practicks, Scotland. 
 Jl-rplc. Hopkinson's Works. 
 
 Hopk. Adm. Hopkinson's Pennsylvania Admiral- 
 ty Judgments. 
 
 Hopk. Adm. Dee. Admiralty Decisions of Hopkin- 
 son in Gilpin's Reports. 
 H:ipk. Ch. Hopkins's Chancery Reports, New York. 
 Hopk. Jxidg. Hopkinson's Pennsylvania Admiralty 
 Judgments. 
 II'. pk. Mar. Ins. Hopkins on Marine Insurance. 
 Hofxo. d- C. or Hopiv. d Colt. Hopwood and Colt- 
 man's English Registration Appeal Cases. 
 
 IIopw. d P. or Hopio. d Phil. Hopwood and Phil- 
 brick's English Registration Appeal Cases. 
 
 Hor. it Th. Cas. Horrigan & Thompson's Cases on 
 Sci:-Defense. 
 
 Horn d H. Horn and Hurlstone's Reports, Eng- 
 lish Exchequer. 
 
 Home Mir. or Home M. J. Home's Mirror of Jus- 
 tices. 
 
 Horner. Horner's Reports, vols. 11-28 South Da- 
 kota. 
 
582 
 
 Appendix. 
 
 (Part VI 
 
 Horr. d Til. or Borr. & T. Cas. Horrigan & Thomp- 
 son's Cases on Self-Detense. 
 
 Horw. Y. B. (Borwood's) . Year-Books of Edward I. 
 
 Boskins. Hosklns's Reports, vol. 2 North Dakota. 
 
 Bouard Ang.-Sax. Laws. Houard's Anglo-Saxon 
 Laws and Ancient Laws of the French. 
 
 Bouardi>ict. Houard's Dictionary of the Cus- 
 toms of Normandy. 
 
 Bough Am. Con. Hough on the American Consti- 
 tution. 
 
 Bough C. M. Hough on Court Martial. 
 
 Bough C.-M. Cas. Hough's Court-Martial Case 
 Book, London, 1821. 
 
 Boughton. Houghton's Reports, vol. 97 Alabama. 
 
 Bous. Houston's Delaware Reports. 
 
 Bous. Pr. Housman's Precedents in Conveyanc- 
 ing. 
 
 Bouse of L. House of Lords, House of Lords 
 Cases. 
 
 Boust. Houston's Reports, Delaware. 
 
 Boust. Cr. Cas. Houston's Criminal Cases, Dela- 
 ware. 
 
 Boust. on St. in Tr. Houston on Stoppage in Tran- 
 situ. 
 
 Bov. Hoyenden on Frauds;— Hovenden's Supple- 
 ment to Vesey, Jr.'s, English Chancery Reports. 
 
 Bov. Fr. Hovenden on Frauds. 
 
 Bov. Sup. or Bov. Sup. Tes. Hovenden's Supple- 
 ment to Vesey, Jr.'s, English Chancery Reports. 
 
 Boved. Hoveden, Chronica. 
 
 Bow. Howard's United States Supreme Court Re- 
 ports; — Howard's Mississippi Reports; — Howard's 
 New York Practice Reports ; — Howell's Reports, 
 vols. 22-26 Nevada. 
 
 Bow. App. or Bow. App. Cas. Howard's New York 
 Court of Appeals Cases. 
 
 Bow. Cas. Howard's New York Court of Appeals 
 Cases; — Howard's Popery Cases, Ireland. 
 
 Bow. Cr. Tr. Howison's Criminal Trials, Virginia. 
 
 Bow. (Miss.). Howard's Reports, Mississippi. 
 
 Bow. (N. y.j. Howard's Reports, N. Y. Court of 
 Appeals. 
 
 Bow. N. 8. Howard's New York Practice Reports, 
 New Series. 
 
 Bow. Pop. Gas. Howard's Popery Cases, Ireland. 
 
 Bow. Pr. Howard's New York Practice Reports. 
 
 Bow. Pr. N. S. Howard's New York Practice Re- 
 ports, New Series. 
 
 Eoio: Prac. or Bow. Pr. R. (N. Y.) . Howard's New 
 York Practice Reports. 
 
 Bow. S. C. Howard's United States Supreme Court 
 Reports. 
 
 Bow. St. Tr. or Bow. State Tr. Howell's English 
 State Trials. 
 
 Bow. U. S. Howard's Reports, V. S. Supreme 
 Court. 
 
 Boil), d Beat. Howell & Beatty's Reports, Nevada. 
 
 Bow. & Nor. Howell & Norcross's Reports, Ne- 
 vada. 
 
 Bowe Pr. Howe's Practice, Massachusetts. 
 
 Bowell N. P. Howell's Nisi Prius Reports, Michi- 
 gan. 
 
 Bu. Hughes's United States Circuit Court Re- 
 ports ; — Hughes's Kentucky Reports. 
 
 Bui). Leg. Dir.ov Buh.Leg. Direc. Hubbell's Le- 
 gal Directory. 
 
 Bui). Prcel. J. C. Huber, PrEelectiones Juris Civ- 
 ilis. 
 
 Buhl). Hubbard's Reports, Maine. 
 
 Bubb. Suco. Hubback's Evidence of Succession. 
 
 Bubbard. Hubbard's Reports, Maine. 
 
 Bud. d B. or Bud. d Br. Hudson and Brooke's Re- 
 ports, Irish King's Bench. 
 
 Bud. d Will- Dig. (U. S.). Hudson and William's 
 United States Digest. 
 
 Bugh. Hughes's United States 4th Circuit Court 
 Reports; — Hughes's Kentucky Reports. 
 
 Bugh. Con. Hughes's Precedents in Conveyancing. 
 
 Hugh. Ent. Hughes's Book of Entries. 
 
 Bugh. Ins. Hughes on Insurance. 
 
 Bugh. (Ky.). Hughes's Reports, Kentucky. 
 
 Bugh. Wills. Hughes on Wills. 
 
 Bugh. Writs. Hughes on Writs. 
 
 Bughes. Hughes's United States Circuit Court Re- 
 ports. 
 
 Bughs Abr. Hughs's Abridgment. 
 
 Bugo, Hist, du Droit Bom. Hugo, Hlstolre du 
 Droit Remain. 
 
 Bum. (Tenn.). Humphrey's Tennessee Reports. 
 
 Bume. Hume's Decisions, Scotch Court of Ses- 
 sion. 
 
 Hume Com. or Bume Cr. L. Hume's Commentaries 
 on Criminal Law of Scotland. 
 
 Bume, Bist. Eng. Hume's History of England. 
 
 Bumph. (Tenn.). Humphrey's Reports, Tennessee. 
 
 Bwmph. B. P. Humphrey on Real Property. 
 
 Bun. Hun's New York Supreme Court Reports, 
 also Appellate Division Supreme Court, New York. 
 
 Bunt or Bunt Ann. Cas. Hunt's Collection of An- 
 nuity Cases. 
 
 Hunt Bound. Hunt's Law of • Boundaries and 
 Fences. 
 
 Bunt Gas. Hunt's Annuity Cases. 
 
 Hunt, Eg. Hunt's Suit in Equity. 
 
 Bunt Fr. Gonv. Hunt on Fraudulent Conveyances. 
 
 Bunt Mer. Mag. Hunt's Merchants' Magazine, New 
 York. 
 
 Himt. Bom. L. or Bunter^ Rom. Law. Hunter on 
 Roman Law. 
 
 Bunter, Suit Eq. Hunter's Proceeding In a Suit 
 in Equity. 
 
 Bur. Hurlstone (see Hurl.). 
 
 Burd Bab. Corp. Hurd on Habeas Corpus. 
 
 Burd Pers. Lib. Hurd on Personal Liberty. 
 
 Burl, d C. or Burl, d Colt. Hurlstone & Coltman's 
 English Exchequer Reports. 
 
 Burl, d Cord. Hurlstone & Gordon's Reports, vols. 
 10, 11 English Exchequer. 
 
 Burl, d N. or Burl, d Nor. Hurlstone & Norman's 
 English Exchequer Reports. 
 
 Burl. & Walm. Hurlstone & Walmsley's English 
 Exchequer Reports. 
 
 Burlst. d C. Hurlstone and Coltman's Reports, 
 English Exchequer. 
 
 Burlst. d a. Hurlstone and Gordon's Reports, 
 English Exchequer. 
 
 Burlst. d N. Hurlstone and Norman's Reports, 
 English Exchequer. 
 
 Burlst. d W. Hurlstone and Walmsley's Reports, 
 English Exchequer. 
 
 Busb. Mar. Worn. Husband on Married Women. 
 
 Bust. L. T. Huston on Land Titles in Pennsyl- 
 vania. 
 
 But. Hutton's Reports, English Common Pleas. 
 
 Butch. Hutcheson's Reports, vol. 81 Alabama. 
 
 Bxitch. Car. Hutchinson on Carriers. 
 
 Butt. Hutton's English Common Pleas Reports. 
 
 Bua:. Judg. Huxley's Judgments. 
 
 Byde. Hyde's Reports, India. 
 
 I. Idaho ;— Illinois; — Indiana;— Iowa ;— Irish (see 
 Ir.); — The Institutes of Justinian. 
 
 /. A. Irish Act. 
 
 I. C. C. Interstate Commerce Commission Reports. 
 
 I. C. L. B. Irish Common Law Reports. 
 
 I. C. B. Irish Chancery Reports ;— Irish Circuit 
 Reports. 
 
 I. E. R. Irish Equity Reports. 
 
 I. J. G. or I. J. Cas. Irvine's Justiciary Cases, 
 Scotch Justiciary Court. 
 
 I. Jur. Irish Jurist, Dublin. 
 
 I. Jur. N. S. Irish Jurist, New Series, Dublin. 
 
 /. L. T. Irish Law Times, Dublin. 
 
 I. 0. V. I owe you. 
 
 I. P. Institutes of Polity. 
 
 1. B. Irish Reports. 
 
 I. B. C. L. Irish Reports, Common Law Series. 
 
 I. B. Eq. Irish Reports, Equity Series. 
 
 /. B. R. Internal Revenue Record, New York. 
 
 I. T. R. Irish Term Reports, by Ridgway, Lapp 
 and Schoales. 
 
 la. Iowa;— Iowa Reports. 
 
 lb. or Id. Ibidem or Idem, The same. 
 
 Ido. or J(Jo/io. Idaho;— Idaho Reports. 
 
 ladings T. B. D. Iddings's Dayton Term Reports. 
 
 II Cons, del Mar. II Consolato del Mare. See 
 Consolato del Mare, In the body of this work. 
 
 in. Illinois ;— Illinois Reports. 
 
 III. App. Illinois Appellate Court Reports. 
 
 Imp. a. P. Impey's Practice, Common Pleas. 
 
 Imp. Fed. Imperial Federation, London. 
 
 Imp. K. B. Impey's Practice, King's Bench. 
 
 Imp. PI. Impey's Pleader's Guide. 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 583 
 
 Imp. Pr. C. P. Impey's Practice In Common Pleas. 
 
 I-mp. Pr. K. B. Impey's Practice In King's Bench. 
 
 Imp. 8h. Impey's Oflce of Sheriff. 
 
 In Doin. Proc. In the House ol Lords. See Bom. 
 Proc. 
 
 In f. In fine. At the end of the title, law, or 
 paragraph quoted. 
 
 In pr. In principio. At the beginning of a law, 
 before the first paragraph. 
 
 In swm. In summa. In the summary. 
 
 Ind. Indiana;— Indiana Reports ;— India;— (East) 
 Indian. 
 
 Ind. App. Law Reports, Indian Appeals;— Indiana 
 Appeals. 
 
 Ind. App. Sup. or Ind. App. Supp. Indian Appeals 
 Supplement, P. C. 
 
 Ind. Jur. Indian Jurist, Calcutta ;— Indian Jurist, 
 Madras. 
 
 Ind. L. Mag. Indiana Law Magazine. 
 
 Ind. L. R. (East) Indian Law Reports. 
 
 Ind. L. R. All. or Ind. L. R. Alia. Allahabad Se- 
 ries of Indian Law Reports. 
 
 Ind. L. R. Bomi. Indian Law Reports, Bombay 
 Series. 
 
 Ind. L. R. Calo. Indian Law Reports, Calcutta Se- 
 ries. 
 
 Ind. L. R. Mad. Indian Law Reports, Madras Se- 
 ries. 
 
 Ind. L. Reg. Indiana Legal Register, Lafayette. 
 
 Ind. L. Rep. Indiana Law Reporter. 
 
 Ind. Rep. Indiana Reports;— Index Reporter. 
 
 Ind. Super. Indiana Superior Court Reports (Wil- 
 son's). 
 
 Ind. T. Indian Territory;— Indian Territory Re- 
 ports. 
 
 Inder. Com. L. Indermaur's Principles of the 
 Common Law. 
 
 Inder. L. C. Com. L. Indermaur's Leading Com- 
 mon Law Cases. 
 
 Inder. L. C. Eq. Indermaur's Leading Equity 
 Cases. 
 
 Index Rep. Index Reporter. 
 
 Inf. Infra. Beneath or below. 
 
 Ing. Dig. IngersoU's Digest of the Laws of the 
 U. S. 
 
 Ing. Roc. IngersoU's Roccus. 
 
 Ing. Yes. Ingraham's edition of Vesey, Jr. 
 
 Ingr. Insolv. Ingraham on Insolvency. 
 
 Inj. Injunction. 
 
 Ins. Insurance. Insolvency. 
 
 Ins. L. J. Insurance Law Journal, New York and 
 St. Louis. 
 
 Ins. L. Mon. Insurance Law Monitor New York. 
 
 Ins. Rep. Insurance Reporter, Philadelphia. 
 
 Inst. Institutes ; when preceded by a number 
 denoting a volume (thus 1 Inst.), the reference is to 
 Coke's Institutes; when followed by several num- 
 bers (thus Inst. 4, 2, 1), the reference is to the In- 
 stitutes of Justinian. 
 
 1, 2, Inst. (1, 2) Coke's Inst. 
 
 Inst., 1, 2, 3. Justinian's Inst. lib. 1, tit. 2, § 3. 
 
 Inst., 1, 2, SI. Justinian's Institutes, lib. 1, tit. 
 2, § 31. 
 
 The Institutes of Justinian are divided into four 
 books, — each book is divided into titles, and each 
 title into paragraphs, of which the first, described 
 by the letters pr., or princip., is not numbered. The 
 old method of citing the Institutes was to give the 
 commencing words of the paragraph and of the 
 title ; e. g., § si adversus, Inst, de Nuptiis. Some- 
 times the number of the paragraph was introduced, 
 e. g., § 12, si adversus, Inst, de Nuptiis. The mod- 
 ern way is to give the number of the book, title, 
 and paragraph, thus;— Inst. I. 10, 12; would be read 
 Inst., Lib. I. tit. 10, § 12. 
 
 Inst. Cler. Instructor Clericalis. 
 
 Inst. Com. Com. Interstate Commerce Commission 
 Reports. 
 
 Inst. Epil. Epilogue to [a designated part or vol- 
 ume of] Coke's Institutes. 
 
 Inst. Jur. Angl. Institutlones Juris Angllcani, by 
 Doctor Cowell. 
 
 Inst. Proem. Proeme [introduction] to [a designat- 
 ed part or volume of] Coke's Institutes. 
 
 Instr. Cler. Instructor Clericalis. 
 
 Int. Case. Rowe's Interesting Cases, English and 
 Irish. 
 
 Int. Com. Rep. Interstate Commerce Reports. 
 
 Int. Private Law. Westlake's Private Internation- 
 al Law. 
 
 Int. Rev. Rec. Internal Revenue Record, New York. 
 
 Iowa. Iowa Reports. 
 
 Iowa Univ. L. Bui. Iowa University Law Bulletin. 
 
 Ir. Irish;— Ireland ;— Iredell's North Carolina Law 
 or Equity Reports. 
 
 Ir. Ch. or Ir. Ch. N. S. Irish Chancery Reports. 
 
 Ir. Cir. or Ir. Cir. Rep. Irish Circuit Reports. 
 
 Ir. C. L. or Ir. Com. Law Rep. or Ir. L. N. S. 
 Irish Common Law Reports. 
 
 Ir. Eccl. Irish Ecclesiastical Reports, by Milward. 
 
 Ir. Eq. Irish Equity Reports. 
 
 Ir. Jur. Irish Jurist, Dublin. 
 
 Ir. L. Irish Law Reports. 
 
 Ir. L. N. S. Irish Common Law Reports. 
 
 Ir.L.R. Irish Law Reports;— The Law Reports, 
 Ireland, now cited by the year. 
 
 Ir. Laio Rec. Irish Law Recorder. 
 
 Ir. Law Rep. Irish Law Reports. 
 
 Ir. Law Rep. N. S. Irish Common Law Reports. 
 
 Ir. L. T. Irish Law Times and Solicitors's Jour- 
 nal, Dublin. 
 
 Ir. L. T. Rep. Irish Law Times Reports. 
 
 Ir. Law d Ch. Irish Law and Equity Reports, New 
 Series. 
 
 Ir. Law d Eq. Irish Law and Equity Reports, Old 
 Series. 
 
 Ir. K. C. L. Irish Reports, Common Law Series. 
 
 Ir. R. Eq. Irish Reports, Equity Series. 
 
 Ir. R. Reg. App. Irish Reports, Registration Ap- 
 peals. 
 
 Ir. R. Reg. & L. or Ir. Reg. d Land Cas. Irish 
 Registry and Land Cases. 
 
 Ir. Rep. Reg. App. Irish Reports, Registration Ap- 
 peals. 
 
 Ir. Rep. Reg. £ L. Irish Reports, Registry and 
 Land Cases. 
 
 Ir. St. Tr. Irish State Trials (Ridgeway's). 
 
 Ir. T. R. or Ir. Term Rep. Irish Term Reports (by 
 Ridgeway, Lapp & Schoales). 
 
 Ired. Iredell's North Carolina Law Reports. 
 
 Ired. Dig. Iredell's Digest. 
 
 Ired. Eq. Iredell's Equity Reports, North Caro- 
 lina. 
 
 Ired. L. Iredell's Law Reports, North Carolina. 
 
 Irj). Irvine's Justiciary Cases, Scotch Justiciary 
 Court. 
 
 Iv. Ersk. Ivory's Notes on Brskine's Institutes. 
 
 Ir.R. lS9Ii. Irish Law Reports for year 1S94. 
 
 J. Justice ; — Institutes of Justinian ; — Johnson's 
 New York Reports. 
 
 J. Adv. Gen. Judge Advocate General. 
 
 J. C. Johnson's Cases, New York Supreme Court ; 
 — Juris Consultus. 
 
 /. C. P. Justice of the Common Pleas. 
 
 J. Ch. or /. C. R. Johnson's New York Chancery 
 Reports. 
 
 J. d'Ol. Les Jugemens d'Oleron. 
 
 J. et J. De Justitia et Jure. 
 
 J. Qlo. Juncta Glossa. 
 
 J. H. Journal of the House. 
 
 JJ. Justices. 
 
 J. J. Mar. or J. J. Marsh. (Ky.). 3. J. Marshall's 
 Reports, Kentucky. 
 
 J. K. B. Justice of the King's Bench. 
 
 J. Kel. Sir John Kelyng's English Crown Cases. 
 
 J. P. Justice of the Peace. 
 
 J. P. Sm. J. P. Smith's English King's Bench Re- 
 ports. 
 
 J. Q. B. Justice of the Queen's Bench. 
 
 J. R. Johnson's New York Reports. 
 
 J. S. Or. (N. J.). J. S. Green's New Jersey Re- 
 ports. 
 
 J. Scott. Reporter English Common Bench Re- 
 ports. 
 
 J. U. B. Justice of the Upper Bench. 
 
 J. Voet, Co7n. ad Pand. Voet (Jan), Commentarius 
 ad Pandectas. 
 
 J. & H. Johnson and Hemming's Reports, English 
 Chancery. 
 
584 
 
 Appendix. 
 
 (Part VI 
 
 J. d L. or J. d La T, Jones & La Touclie's Irish 
 Chaucery Reports. 
 
 J. li- S. Jones & Spencer's New York Superior 
 Court Reports. 
 
 /. t£ -S. JaTn. Judah & Swan's Jamaica Reports. 
 
 J. d W. Jacob and Walker's Reports, English 
 Chancery. 
 
 Jac. _ Jacobus ; — Jacob's English Chancery Re- 
 ports ;— Jacob's Law Dictionary ;— King James ; thus 
 1 Jac. I. signifies the first year of the reign of King 
 James I. 
 
 Jac. Diet, or Jac. L. D. Jacob's Law Dictionary. 
 
 Jac. Fish. Dig. Jacob's Fisher's Digest. 
 
 Jac. Int. Jacob's Introduction to the Common, 
 Civil and Canon Law. 
 
 Jac. L. G. Jacob's Law Grammar. 
 
 Jac. Lex Mer. Jacob's Lex Mercatoria, or the Mer- 
 chant's Companion, 
 
 Jac. Sea Law. Jacobsen's Law of the Sea. 
 
 Jac. d W. or Jac. d Walk, Jacob & Walker's Eng- 
 lish Chancery Reports. 
 
 Jack. Jackson's Reports, Georgia. 
 
 Jack. Tex. App. Jackson's Texas Court of Appeals 
 Reports. 
 
 Jack, d G. Landl. d Ten. Jackson & Gross, Trea- 
 tise on the Law of Landlord and Tenant in Penn- 
 sylvania. 
 
 Jackson. Jackson's Reports, vols. 43-66 Georgia ;— 
 Jackson's Reports, vols. 1-29 Texas Court of Ap- 
 peals. 
 
 Jackson d Lumpkin (Ga.). Jackson & Lumpkin's 
 Georgia Reports. 
 
 Jacob. Jacob's Law Dictionary. 
 
 James. James's Reports, Nova Scotia. 
 
 James. Const. Con. Jameson on Constitutional 
 Convention'^. 
 
 James (N. Sc). James's Reports, Nova Scotia. 
 
 James Op. James's Opinions. Chargcy, lLc, Lon- 
 don, 1820. 
 
 James Sel. Cas. or James Sel. Cases. James's Select 
 Cases, Nova Scotia. 
 
 Jaines. d Mont. Jameson and Montagu's English 
 Bankruptcy Reports (in 2 Glyn and Jameson). 
 
 Jan. Angl. Jani Anglorum. 
 
 Jar. Ch. Pr. Jarman's Chancery Practice. 
 
 Jar. Cr. Tr. Jardine's Criminal Trials. 
 
 Jar. Pow. Dev. Powell on Devises, with Notes by 
 Jarman. 
 
 Jar.Prec. Bythewood and Jarman's Precedents. 
 
 Jar. Wills.' Jarman on Wills. 
 
 Jard. Tr. Jardine's Criminal Trials. 
 
 Jarm. Ch. Pr. Jarman's Chancery Practice. 
 
 Jarm. Pow. Dev. Powell on Devises, with Notes 
 by Jarman. 
 
 Jarm. Wills. Jarman on Wills. 
 
 Jarm. d By. Conv. Jarman and Bythewood's Con- 
 veyancing. 
 
 Jctus. Jurisconsultus. 
 
 Jeh'b or Jehb G. C. or Jehh Cr. Cas. or Jehh Ir. Cr. 
 Cas. Jebb's Irish Crown Cases. 
 
 Jebb Cr. d Pr. Cas. Jebb's Irish Crown and Pre- 
 sentment Cases. 
 
 Jebi) d B. Jehb and Bourke's Reports, Irish 
 Queen's Bench. 
 
 Jcbb d S. or Jebb d Sym. Jebb and Symes's Re- 
 ports, Irish Queen's Bench. 
 
 Je;ff. Jefferson's Reports, Virginia. 
 
 Jeff. Man. Jefferson's Manual of Parliamentary 
 Law. 
 
 Jenk. or Jenk. Cent. Jenkins's Eight Centuries of 
 Reports, English Exchequer. 
 
 Jenks. Jenks's Reports, vol. 58 New Hampshire. 
 
 Jenn. Jenuison's Reports, vols. 14-18 Michigan. 
 
 Jcr. Eq. Jur. or Jeremy, Eq. Jur. Jeremy's Equity 
 Jurisdiction. 
 
 Jo. T. Sir T. Jones's Reports. 
 
 Jo. Juris. Journal of Jurisprudence. 
 
 Jo. d La T. Jones and La Touche's Reports, Irish 
 Chancery. 
 
 John. Johnson's New York Reports ;— Johnson's 
 Reports of Chase's Decisions ; — Johnson's Maryland 
 Chancery Decisions ;— Johnson's English Vice-Chan- 
 ccllors' Reports. 
 
 John, d H. Johnson and Hemming's Reports, Eng- 
 lish Chancery. 
 
 Johns. Johnson's Reports, New York Supreme 
 Court ;— Johnson's Reports of Chase's Decisions ; — 
 Johnson's Maryland Chancery Decisions ; — Johnson's 
 English Vice-Chancellors' Reports. 
 
 Johns. Bills. Johnson on Bills of Exchange, etc. 
 
 Johns. Cas. Johnson's Cases, New York Supreme 
 Court. 
 
 Johns. Ch. Johnson's New York Chancery Re- 
 ports ; — Johnson's English Vice-Chancellors' Re- 
 ports ; — Johnson's Maryland Chancery Decisions ; — 
 Johnston's Reports, New Zealand. 
 
 Johns. Ch. Cas. Johnson's Chancery Reports, New 
 York. 
 
 Johns. Ct. Err. Johnson's Reports, New York 
 Court of Errors. 
 
 Johns. Dec. Johnson's Maryland Chancery Deci- 
 sions. 
 
 Johns. Eccl. Law. Johnson's Ecclesiastical Law. 
 
 Johns. Eng. Ch. Johnson's English Chancery Re- 
 ports. 
 
 Johns. H. B. Y. Johnson's English Chancery Re- 
 ports. 
 
 Johns. (Md.). Johnson's Maryland Reports. 
 
 Johns. (New Zealand). Johnson's New Zealand 
 Reports. 
 
 Johns. Pat. Man. Johnson's Patent Manual. 
 
 Johns. Rep. Johnson's Reports, New York Su- 
 preme Court. 
 
 Johns. Tr. Johnson's Impeachment Trial. 
 
 Johns. U. S. Johnson's Reports of Chase's United 
 States Circuit Court Decisions. 
 
 Johns. V. C. or Johns. V. Ch. Cas. Johnson's Cases 
 in Vice-Chancellor Wood's Court. 
 
 Johns, d H. or Johns, d Hem, Johnson & Hem- 
 ming's English Chancery Reports. 
 
 Johnson. Johnson's Reports, New York ;— John- 
 sou's English Vice-Chancellors' Reports; — Johnson's 
 Maryland Chancery Decisions. 
 
 Johnst. Inst. Johnston's Institutes of the Law of 
 Spain. 
 
 Johnst. N. Z. Johnston's Reports, New Zealand. 
 
 Jon. Thos. Jones's Reports, English King's Bench 
 and Common Pleas ;— Wm. Jones's Reports, English 
 King's Bench and Common Pleas. 
 
 Jon. (Ala.}. Jones's Reports, Alabama, 62. 
 
 Jon. Bailm. Jones's Law of Bailments. 
 
 Jon. B. d W. Jones, Barclay, and Whittelsey's 
 Reports, Missouri, vol. 31. 
 
 Jon. Corp. Sec. Jones on Corporate Securities. 
 
 Jo7i. Eq. Jones's Equity Reports, North Carolina. 
 
 Jon. Exch. Jones's Irish Exchequer Reports. 
 
 Jon. Inst. Jones's Institutes of Hindoo Law. 
 
 Jon. Intr. Jones's Introduction to Legal Science. 
 
 Jon. Ir. Exch. Jones's Reports, Irish Exchequer. 
 
 Jon. L. O. T. Jones on Land Office Titles. 
 
 Jon. (Mo.). Jones's Reports, Missouri. 
 
 Jon. (N. C). Jones's Law Reports, North Caro- 
 lina. 
 
 Jon. (N. C.) Eq. Jones's Equity Reports, North 
 Carolina. 
 
 Jon. Mart. Jones on Mortgages. 
 
 Jon. (Pa.). Jones's Reports, Pennsylvania. 
 
 Jon. Railio. Sec. Jones on Railway Securities. 
 
 Jon. Salv. Jones on Salvage. 
 
 Jon. T. Thos. Jones's Reports, English King's 
 Bench and Common Pleas. Sometimes cited as 2 
 Jones. 
 
 Jon. (U. C). Jones's Reports, Upper Canada. 
 
 Jon. W. Wm. Jones's Reports, English King's 
 Bench and Common Pleas. Sometimes cited as 1 
 Jones. 
 
 Jon. d C. or Jon. d Car. Jones and Gary's Reports, 
 Irish Exchequer. 
 
 Jon. ik L. or Jo7i. d La T. Jones and La Touche's 
 Reports, Irish Chancery. 
 
 Jon. d S. Jones and Spencer's Reports, New York 
 City Superior Court, vols. 33-46. 
 
 Jones. Jones'F Reports, vols. 43-48, 52-57, 61, 62 Ala- 
 bama ;— Jones's Reports, vols. 11, 12 Pennsylvania;— 
 Jones's Reports, vols. 22-31 Missouri ;— Jones's Law 
 or-^Eciuity Reports, North Carolina ;— Jones's Irish 
 Exchequer Reports ;— Jones's Upper Canada Com- 
 mon Pleas Reports ;— Jones & Spencer's New York 
 Superior Court Reports ;— Sir Thomas Jones's Eng- 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 585 
 
 lish King's Bench Reports ;— Sir William Jones's 
 English King's Bench Reports ;— See Jon. 
 
 Jones, Bailm. Jones's Law of Bailments. 
 
 Jones, Barclay cC- Whittelsey or Jones, B. c6 W. 
 (Mo.). Jones, Barclay and Whittelsey's Reports, 
 Missouri Supreme Court (31 Missouri). 
 
 Jones, Chat. Mortg. Jones on Chattel Mortgages. 
 
 Jones Eq. Jones's North Carolina Equity Reports. 
 
 Jones, French Bar. Jones's History of the French 
 Bar. 
 
 Jones Ir. Jones's Irish Exchequer Reports. 
 
 Jones Law or Jones N. C. Jones's North Carolina 
 Law Reports. 
 
 Jones (Pa.). Jones's Reports, vols. 11, 12 Pennsyl- 
 vania. 
 
 Jones T. Sir Thomas Jones's English King's 
 Bench Reports. 
 
 Jo7ies U, G. Jones's Reports, Upper Canada. 
 
 Jones W. Sir William Jones's English King's 
 Bench Reports. 
 
 Jones d G. Jones & Cary's Irish Exchequer Re- 
 ports. 
 
 Jones d La T. Jones & La Touche's Irish Chan- 
 cery Reports. 
 
 Jones d McM. (Pa.). Jones & McMurtrie's Penn- 
 sylvania Supreme Court Reports. 
 
 Jones & Spen. Jones & Spencer's New York Su- 
 perior Court Reports. 
 
 Jord. P. J. Jordan's Parliamentary Journal. 
 
 Josephs. Josephs's Reports, vol. 21 Nevada, 
 
 Jour. Jur. (So.). Journal of Jurisprudence and 
 Scottish Law Magazine, Edinburgh. 
 
 Jour. Jur. Journal of Jurisprudence (Hall's), 
 Philadelphia. 
 
 Jour. Law. Journal of Law, Philadelphia. 
 
 Jour. Trib. Com. Journal des Tribunaux de Com- 
 merce, Paris. 
 
 Joy Choi. Joy on Challenge to Jurors. 
 
 Joy Ev. Ace. Joy on the Evidence of Accomplices. 
 
 Jud. Judgments. Judicial. Judicature ;--Book of 
 Judgments, English Courts. 
 
 Jud. Chr. Judicial Chronicle. 
 
 Jud. Com. of P. G. Judicial Committee of the 
 Privy Council. 
 
 Jud. Repos. Judicial Repository, New York. 
 
 Jud. d Sio. (Jamaica). Judah and Swan's Reports, 
 Jamaica. 
 
 Judd. Judd's Reports, vol. 4 Hawaii. 
 
 Jur. The Jurist Reports in all the Courts, Lon- 
 don. 
 
 Jur. Eccl. Jura Ecclesiastica. 
 
 Jur. Mar. MoUoy's De Jure Maritimo. 
 
 Jur. N. S. The Jurist, New Series, Reports in all 
 the Courts, London. 
 
 Jur. (N. S.) Ex. Jurist (New Series) Exchequer. 
 
 Jur. N. Y. The Jurist or Law and Equity Report- 
 er, New York. 
 
 Jur. Ros. Roscoe's Jurist, London. 
 
 Jur. Sc. Scottish Jurist, Court of Session, Scot- 
 land. 
 
 Jur. 8oc. P. Juridical Society Papers, London. 
 
 Jur. St. Juridical Styles, Scotland. 
 
 Jur. Wash. D. C. The Jurist, Washington, D. C. 
 
 Jurisp. The Jurisprudent, Boston. 
 
 Jus Nav. Rhod. Jus Navale Rhodiorum. 
 
 Just. Dig. Digest of Justinian, 50 books. Never 
 translated into English. 
 
 Just. Inst. Justinian's Institutes. See note follow- 
 ing "Inst. 1, 2, 31." 
 
 Just. Itin. Justice Itinerant or of Assize. 
 
 Just. P. The Justice of the Peace, London. 
 
 Just. S. L. Justice's Sea Law. 
 
 Just. T. Justice of Trailbaston. 
 
 Juta. Juta's Cape of Good Hope Reports. 
 
 K. Keyes's New York Court of Appeals Reports; 
 — Kenyon's English King's Bench Reports;— Kansas 
 (see Kan.). 
 
 K. B. or 11901^ K. B. Law Reports, King's Bench 
 Division, from 1901 onward. 
 
 K.B. (U.C). King's Bench Reports, Upper Can- 
 ada. 
 , K. C. King's Council. 
 
 K. C. R. Reports tempore King, English Chan- 
 cery. 
 
 K. <& B. Dig. Kerford's and Box's Victorian Digest. 
 
 K. d F. N. S. W. Knox & Fitzhardinge's New South 
 Wales Reports. 
 
 K. d G. K. C. Keane & Grant's English Registra- 
 tion Appeal Cases. 
 
 K.dJ. Kay & Johnson's English Vice-Chancel- 
 lors' Reports. 
 
 K. d O. Knapp and Ombler's Election Cases, Eng- 
 lish. 
 
 Kain. or Kam. Dec. Kames's Decisions, Scotch 
 Court of Session. 
 
 Kam. Elite. Kames's Elucidations of the Law of 
 Scotland. 
 
 Kam. Eq. Kames's Principles of Equity. 
 
 Kam. Ess. Kames's Essays. 
 
 Kam. Hist. L. Tr. or Kam. L. T. Kames's Histori- 
 cal Law Tracts. 
 
 Kam. Rem. Dec. Kames's Remarkable Decisions, 
 Scotch Court of Session. 
 
 Kam. Scl. Dec. Kames's Select Decisions, Scotch 
 Court of Session. 
 
 Kam. Tr. Kames's Historical Law Tracts. 
 
 Karnes, Eq. Kames's Principles of Equity. 
 
 Kan. (orKans.). Kansas ;~Kansas Reports. 
 
 Kan. G. L. Rep. Kansas City Law Reporter. 
 
 Kan. L. J. Kansas Law Journal. 
 
 Ka7i. Univ. Laivy. Kansas University Lawyer, 
 Lawrence, 
 
 Kan.i:. App. Kansas Appeals Reports. 
 
 Kay. Kay's English Vice-Chancellors' Reports. 
 
 Kay Sh. Kay on Shipping. 
 
 Kay d- J. or Kay d Johns. Kay and Johnson's Re- 
 ports, English Chancery. 
 
 Ke. Keen's English Rolls Court Reports. 
 
 Keane d G. R. C. or Keane d Gr. Keane and Grant's 
 English Registration Appeal Cases. 
 
 Kcat. Fam. Sett. Keating on Family Settlements. 
 
 Kcb. or Keble. Keble's Reports, English King's 
 Bench. 
 
 Keb. J. Keble's Justice of the Peace. 
 
 Keb. Stat. Keble's Statutes of England. 
 
 Keen. Keen's Reports, English Rolls Court. 
 
 Keen. Gas. Qua. Cont. or Keener, Quasi Contr. 
 Keeuer's Cases on Quasi Contracts. 
 
 Kcil. or Keilw. Keilway's Reports, English King's 
 Bench. 
 
 Kcl. 1. Sir John Kelyng's English Crown Cases. 
 
 Kcl. 2. William Kelynge's English Chancery Re- 
 ports. 
 
 Kel. Ga. Kelly's Reports, Georgia Reports, vols. 
 1-3. 
 
 Kcl. J. or 1 Kel. Sir John Kelyng's Reports, Eng- 
 lish Crown Cases. 
 
 Kcl. W. or 2 Kel. W. Kelynge's Reports, English 
 Chancery and King's Bench. 
 
 Kel. d C. Kelly and Cobb's Reports, Georgia. 
 
 Kclh. Norm. L. D. or Kelham. Kelham's Norman 
 French Law Dictionary. 
 
 Kellen. Kellen's Reports, vols. 146-155 Massachu- 
 setts. 
 
 Kclhj. Kelly's Reports, vols. 1-3 Georgia. 
 
 Kelly d Cot Kelly d Cobb. Kelly & Cobb's Re- 
 ports, vols. 4, 5 Georgia. 
 
 Kclyng, J. Kelyng's English Crown Cases. 
 
 Kelynge, W. Kelynge's English Chancery Re- 
 ports. 
 
 Kemble, Sax. Kemble, The Saxons in England. 
 
 Ken. Kentucky (see Ky.) ;—Kenyon English King's 
 Bench Reports. 
 
 Ken. Dec. Kentucky Decisions, by Sneed. 
 
 Ken. L. Rep. Kentucky Law Reporter. 
 
 Kenan. Kenan's Reports, vols. 76-91 North Caro- 
 lina. 
 
 Kenn. Gloss. Kennett's Glossary. 
 
 Kenn. Imp. Kennett on Impropriations. 
 
 Kcnn. Par. Antiq. Kennett, Parochial Antiquities. 
 
 Kennett. Kennett's Glossary ; — Kennett upon Im- 
 propriations. 
 
 Kennett, Gloss. Kennett's Glossary. 
 
 Kent or Kent Gom. or Kent Comm. Kent's Commen- 
 taries on American Law. 
 
 Kcny. Kenyon's Notes, English King's Bench. 
 
 Kcny. C. H. (or 3 Keny.). Chancery Reports at 
 the end of 2 Kenyon, 
 
 Kern. Kern's Reports, vols. 100-116 Indiana ;— 
 Kernan's Reports, vols. 11-14 New York Court of 
 Appeals. 
 
586 
 
 Appendix. 
 
 (Part VI 
 
 Kerr, Kerr's Reports, Indiana ; — Kerr's New 
 Brunswick Reports ;— Kerr's Reports;— J. M. Kerr's 
 Reports, vols. 27-29 New York Civil Procedure. 
 
 Kerr Act. Kerr on Actions at Law. 
 
 Kerr Anc. L. Kerr on Ancient Lights. 
 
 Kerr Disc. Kerr on Discovery. 
 
 Kerr Extra. Kerr on Inter- State Extradition, 
 
 Kerr Fr. Kerr on Fraud and Mistake. 
 
 Kerr Inj. Kerr on Injunction. 
 
 Kerr (N. B.). Kerr's Reports, New Brunswick. 
 
 Kerr Rec. Kerr on Receivers. 
 
 Kerse. Kerse's Manuscript Decisions, Scotch 
 Court of Session. 
 
 Key. or Keyes. Keyes's Reports, New York Ct. of 
 Appeals. Sometimes cited as vols. 40-43 N. Y. 
 
 Keyes F. I. G. Keyes on Future Interest in Chat- 
 tels. 
 
 Keyes F. I. L. Keyes on Future Interest in Lands. 
 
 Keyes Rem. Keyes on Remainders. 
 
 Keyl. Keilwey's (or Keylway's) English King's 
 Bench Reports. 
 
 Kilk. Kilkerran's Reports, Scotch Court of Ses- 
 sion. 
 
 King. King's Reports, vols. 5, 6 Louisiana An- 
 nual. 
 
 King Gas. temp. Select Cases tempore King, Eng- 
 lish Chancery. 
 
 King's Conf, Ca. King's Conflicting Cases. 
 
 Kir. (KirT). or Kirby). Kirby's Connecticut Re- 
 ports. 
 
 Kirt. 8ur. Ft. Kirtland on Practice In Surrogates' 
 Courts. 
 
 Kitch. or Kitcli. Courts or Kitchin. Kitchin on 
 Jurisdictions of Courts-Leet, Courts-Baron, etc. 
 
 Kn. or Kn. A. C. or Knapp or Knapp A. G.' Knapp's 
 Appeal Cases (English Privy Council). 
 
 Kn. N. S. W. Knox, New South Wales Reports. 
 
 Kn. & M. or Kn. d Moo. or Knapp & M. Knapp and 
 Moore's Reports, vol. 3 Knapp's English Privy 
 Council. 
 
 Kn. <& O. or Knapp & Omt. Knapp and Ombler's 
 Election Cases. 
 
 Knapp. Knapp's Privy Council Reports, England. 
 
 Knowles. Knowles's Reports, vol. 3 Rhode Island. 
 
 Knox. Knox, New South "Wales Reports. 
 
 Knox d Fits. Knox & Fitzhardinge, New South 
 Wales. 
 
 Kolze. Transvaal Reports by Kolze. 
 
 Kreider. Kreider's Reports, vols. 1-23 Washington. 
 
 Kress. Kress's Reports, vols. 166-194 Pennsyl- 
 vania; — Kress's Pennsylvania Superior Court. 
 
 Kulp. Kulp's Luzerne Legal Register Reports, 
 Pennsylvania. 
 
 Ky. Kentucky; — Kentucky Reports. 
 
 Ky. Dec. Kentucky Decisions, Sneed's Reports. 
 
 Ky. L. R. or Ky. L. Rep. Kentucky Law ■ Reporter. 
 
 Kyd Aw. Kyd on the Law of Awards. 
 
 Kyd Bills. Kyd on Bills of Exchange. 
 
 Kyd Gorp. Kyd on Corporations. 
 
 L. Lansing's Supreme Court Reports, New York ; 
 —Law. Lol. Liber. 
 
 L. A. Lawyers' Reports Annotated. 
 
 h. Alam. Law of the Alamanni. 
 
 L. Baiwar. or L. Boior. Law of the Bavarians. 
 
 L. G. Lord Chancellor ; — Lower Canada ;— Leading 
 Cases. 
 
 L. C. B. Lord Chief Baron. 
 
 L. C. C. C. Lower Canada Civil Code. 
 
 L. C.G. P. Lower Canada Civil Procedure. 
 
 L. G. D. Lower Court Decisions, Ohio. 
 
 L. G. Eq. White and Tudor's Leading Cases In 
 Equity. 
 
 L. G. G. , Lower Courts Gazette, Toronto. 
 
 L. G. J. Lord Chief Justice. 
 
 L. C. J. or L. G. Jur. Lower Canada Jurist, Mon- 
 treal. 
 
 L. G.L.J. Lower Canada Law Journal, Montreal. 
 
 L. C. R. Lower Canada Reports. 
 
 L. D. or L. Dec. Land OfQce Decisions, United 
 States. 
 
 L. Ed. Lawyers' Edition Supreme Court Reports. 
 
 L. F. Leges Forestarum. 
 
 L. Fr. Law French. 
 
 L. H. C. Lord High Chancellor. 
 
 L. I. Legal Intelligencer, Philadelphia. 
 
 L. I. L. Lincoln's Inn Library. 
 
 L. J. House of Lords Journal ;— Lord Justices 
 Court ;— The Law Journal, London. 
 
 L. J. or L. J. 0. 8. Law Journal Reports, In all the 
 Courts. 
 
 L. J. Adm. Law Journal Reports, New Series, 
 English Admiralty. 
 
 L. J. App. Law Journal Reports, New Series, 
 English Appeals. 
 
 L. J. Bank, or L. J. Bankr. or L. J. Bh. Law 
 Journal Reports, New Series, English Bankruptcy 
 (1831 onward). 
 
 L. J. G. or L. J. C. P. Law Journal Reports, New 
 Series, English Common Pleas. 
 
 L. J. C. G. R. Law Journal, New Series, Crown 
 Cases Reserved. 
 
 L. J. Ch. Law Journal, New Series, English 
 Chancery Division (1831 on). 
 
 L.J.Ch.fO.S.J. Law Journal, Old Series. 1822, 
 1831. 
 
 L. J. Chan. Law Journal Reports, New Series, 
 English Chancery Division (1831 on). 
 
 L. J. G. P. or L. J. G. P. D. Law Journal, New Se- 
 ries, Common Pleas Decisions. 
 
 L. J. D. & M. Law Journal, New Series, Divorce 
 and Matrimonial. 
 
 L. J. Ecc. Law Journal Reports, New Series, Ec- 
 clesiastical (1831 on). 
 
 L. J. Ex. or L. J. Exch. Law Journal, New Series, 
 Exchequer Division (1831 on). 
 
 L. J. H. L. Law Journal Reports, New Series, 
 English House of Lords. 
 
 L. J. K. B. Law Journal, King's Bench. 
 
 L. J. L. G. Law Journal, Lower Canada. 
 
 L. J. L. T. Law Journal, Law Tracts. 
 
 L. J. M. C. Law Journal, New Series, Divorce and 
 Matrimonial; — Law Journal, Magistrates' Cases. 
 
 L. J. M. P. A. Law Journal, Matrimonial, Probate 
 and Admiralty. 
 
 L. J. (M. & W.), Morgan and William's Law 
 Journal, London. 
 
 L. J. N. S. The Law Journal, New Series, London 
 (1831 onwards). 
 
 L. J. N. G. or L. J. Notes Cases. Law Journal,, 
 Notes of Cases, 
 
 L. J. O. S. The Law Journal, Old Series, London 
 (1822-1831). 
 
 L. J. P. or L. J. P. C. Law Journal, New Series, 
 Privy Council ; — Law Journal, Probate, Divorce and 
 Admiralty. 
 
 L. J. P. D. d A. Law Journal Reports, New Series, 
 English Probate, Divorce, and Admiralty. 
 
 L, J. P. d M. or L. J. Prob. or L. J. ProJ). d Mat. 
 Law Journal, New Series, Probate and Matrimonial 
 (1831 onward). 
 
 L. J. Q. B. Law Journal Reports, New Series, 
 English Queen's Bench (1831 on). 
 
 L. J. Rep. Law Journal Reports. 
 
 L. J. Rep. N. S. Law Journal Reports, New Series 
 (1831 onward). 
 
 L.J. (Sm.). Smith's Law Journal, London. 
 
 L. J. U. C. Law Journal, Upper Canada. 
 
 LL. Laws. 
 
 L. L. Law Latin. Local Law ; — Law Library, 
 Philadelphia (reprint of English treatises). 
 
 L. L. N. 8. Law Library, New Series. 
 
 L. Lat. Law Latin. 
 
 L. M. d P. Lowndes, Maxwell, and Pollock's Re- 
 ports, English Bail Court. 
 
 L. Mag. Law Magazine, London. 
 
 L. Mag. d L. R. or L. Mag. d R. Law Magazine and 
 Law Review, London. 
 
 L. N. Liber Niger, or the Black Book. 
 
 L. O. Legal Observer, London. 
 
 L. P. B. Lawrence's Paper Book. See A. P. B. 
 
 L. P. C. Lord of the Privy Council. 
 
 L. P. R. Lilly's Practical Register. 
 
 L. R. Law Reports (English) ;— Law Reporter 
 (Law Times Reports, New Series) Law Review ;— 
 (Irish) Law Recorder, Reports In all the Irish 
 Courts ;— Louisiana Reports. 
 
 L. R. A. Lawyers' Reports Annotated. 
 
 L. R. A. d E. English Law Reports, Admiralty 
 and Ecclesiastical (1866-1875). 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 58/ 
 
 L. U. App. or h. R. App. Cas. Bngllsli Law Reports, 
 Appeal Cases, House of Lords. 
 
 L. R. Burm. Law Reports, British Burmah. 
 
 L. R. C. C. or L. R. G. C. R. Bngli-sli Law Reports, 
 Crown Cases Reserved (1866-1875). 
 
 L. R. 0. P. English Law Reports, Common Pleas 
 (1866-1875). 
 
 L. R. C. P. D. Law Reports, Common Pleas Divi- 
 sion, English Supreme Court of Judicature. 
 
 L. R. Ch. English Law Reports, Chancery Appeal 
 Cases (1866-1875). 
 
 L. R. Ch. D. or L. R. Ch. Div. Law Reports, Chan- 
 cery Division, English Supreme Court of Judicature. 
 
 L. B. E. & I. App. or L. R. E. d Ir. App. English 
 Reports, English and Irish Appeals. 
 
 L. R. Eq. English Law Reports, Equity (1866- 
 1875). 
 
 L. R. Ex. or L. R, Exch. English Law Reports, Ex- 
 chequer (1866-1875). 
 
 L. R. Ex. D. or L. R. Ex. Dw. Law Reports, Ex- 
 chequer Division, English Supreme Court of Judica- 
 ture. 
 
 L. B. H. L. Law Reports, English and Irish Ap- 
 peal Cases, House of Lords. 
 
 L. B. H. L. Sc. English Law Reports, House of 
 Lords, Scotch and Divorce Appeal Cases (1866-1875). 
 
 L. R. Ind. App. English Law Reports, Indian Ap- 
 peals. 
 
 L. R. Ir. Law Reports, Ireland (1879-1893). 
 
 L. B. Misc. D. Law Reports, Miscellaneous Divi- 
 sion. 
 
 L. R. N. S. Irish Law Recorder, New Series. 
 
 L. R. N. S. W. Law Reports, New South Wales. 
 
 L. R. P. C. English Law Reports, Privy Council, 
 Appeal Cases (1866-1875). 
 
 L. R. Q. B. Law Reports, Queen's Bench (1866- 
 1875). 
 
 L. B. Q. B. Div. Law Reports, Queen's Bench Divi- 
 sion. 
 
 L. B. P. Div. or L. B. P. & D. Law Reports, Pro- 
 bate, Divorce, and Admiralty Division, English Su- 
 preme Court. 
 
 L. R. P. d M. Law Reports, Probate and Matri- 
 monial (1866-1875). 
 
 h. B. 8. A. Law Reports, South Australia. 
 
 L. B. Sc. Div. App. Cas. or L. B. Sc. d D. Eng- 
 lish Law Reports, Scotch and Divorce Cases, before 
 the House of Lords. 
 
 L. B. Sess. Cas. English Law Reports, Session 
 Cases. 
 
 L. B. Stat. English Law Reports, Statutes. 
 
 L. Rep. (Mont. J. Law Reporter (Montreal). 
 
 L. Repos. Law Repository. 
 
 L. Bev. d Quart. J. Law Review and Quarterly 
 Journal. 
 
 L, Ripar. Law of the Riparians. 
 
 L. S. Locus sigilli, place of the sea' 
 
 L. Salic. Salic Law. 
 
 L. Stu. Mag. N. S. Law Student's Magazine, New 
 Series. 
 
 L. T. The Law Times, Scranton, Pa. ;~The Law 
 Times, London. 
 
 L. T. B. American Law Times Bankruptcy Re- 
 ports. 
 
 L. T. J. Law Times Journal. 
 
 L. T. N. S. or L. T. B. N. S. or L. T. Bep. N. S. 
 Law Times (New Series) Reports, London ; — Amer- 
 ican Law Times Reports. 
 
 L. T. O. S. Law Times, Old Series. 
 
 L. T. B. Law Times Reports, in all the Courts. 
 
 L. V. Rep. Lehigh Valley Reporter, Pennsylvania. 
 
 L. d B. Bull. Law and Bank Bulletin. 
 
 L. d B. Ins. Dig. Littleton and Blatchley's Insur- 
 ance Digest. 
 
 L. d C. or L. d G. C. C. Leigh & Cave's English 
 Crown Cases, Reserved. 
 
 L. d E. English Law and Equity Reports, Boston 
 Edition. 
 
 L. <& E. Rep. Law and Equity Reporter, New 
 York. 
 
 L. d G. t. Plunk. Lloyd and Goold's Cases tempore 
 Plunkett, Irish Chancery. 
 
 L. d G.t. Sug. Lloyd and Goold temp. Sugden, 
 Irish Chancery, 
 
 L. d M. Lowndes & Maxwell's English Practice 
 Cases, Bail Court. 
 
 L. d T. Longfield and Townsend's Reports, Irish 
 Exchequer. 
 
 L. & W. or L. d Wels^. Lloyd and Welsby's Mer- 
 cantile Cases, English Courts. 
 
 La. Lane's Reports, English Exchequer ;— Louisi- 
 ana ;— Louisiana Reports ; — Lane's English Excheq- 
 uer Reports. 
 
 La. An. Louisiana Annual Reports ;— Lawyers' Re- 
 ports, Annotated. 
 
 La. Ann. Louisiana Annual Reports. 
 
 La Laure des Ser. Tralt§ des Servitudes r^elles, 
 par M. La Laure. 
 
 La. L. J. or La. L. J. (Schm.). Louisiana Law 
 Journal (Schmidt's), New Orleans. 
 
 La. T. R. Martin's Louisiana Term Reports, vols. 
 2-12. 
 
 La TMm. L. C. La Themis (Periodical) Lower 
 Canada. 
 
 Lah. Labatt's Reports, U. S. District Ct., Califor- 
 nia. 
 
 Lac. Dig. By. Dec. or Lacey Dig. Lacey's Digest of 
 Railway Decisions. 
 
 Lack. Leg. B. Lackawanna Legal Record, Scran- 
 ton, Pa. 
 
 Ladd. Ladd's Reports, vols. 59-64 New Hampshire. 
 
 LaL B. P. Lalor on Real Property. 
 
 Lalor. Lalor's Supplement to Hill and Denio's 
 Reports, New York. 
 
 Lalor, Pol. Econ. Lalor, Cyclopsedia of Political 
 Science, Political Economy, etc. 
 
 Lamar. Lamar's Reports, vols. 25-42 Florida. 
 
 LamJ). Lamb's Reports, "Wisconsin. 
 
 Lamb. Arch, or Lam,l>. Archai. Lambard's Archai- 
 onomia. 
 
 Lamb. Const. Lambard, Duties of Constables, etc. 
 
 Lamb. Eir. or Lam^b. Eiren. Lambard's Eirenarcha. 
 
 Lane. B. The Lancaster Bar, Pennsylvania. 
 
 Lane. L. Rev. Lancaster Law Review. 
 
 Land Com. Bep. Land Commissioners Reports, 
 Ireland. 
 
 Land. Est. G. Landed Estates Court. 
 
 Lane. Lane's Reports, English Exchequer. 
 
 Lang. Eq. PI. Langdell's Summary of Equity 
 Pleading. 
 
 Lang. Lead. Cas. Langdell's Leading Cases on 
 Contracts. 
 
 Lang. L. C. Sales. Langdell's Leading Cases on 
 Sales. 
 
 Langd. Cent. Langdell's Leading Cases on Con- 
 tracts ; — Langdell's Summary of the Law of Con- 
 tracts. 
 
 Lans. Lansing's Reports, New York Supreme 
 Court Reports, vols. 1-7. 
 
 Lans. Ch. or Lans. Set. Cas. Lansing's Select 
 Chancery Cases, New York. 
 
 Laper. Dec. Laperriere's Speaker's Decisions, 
 Canada. 
 
 Las Partidas. Las Sicte Partidas. 
 
 Lat. or Latch. Latch's Reports, English King's 
 Bench. 
 
 Lath. Lathrop's Reports, vols. 115-145 Massachu- 
 setts. 
 
 Lauder. (Lauder of) Fountainhall's Scotch Ses- 
 sion Cases. 
 
 Laur. H. C. Ca. Lauren's High Court Cases (Kim- 
 berly). 
 
 Laur. Prim. Laurence on the Law and Custom 
 of Primogeniture. 
 
 Lauss. Eq. Laussat's Equity in Pennsylvania. 
 
 Law Bui. Law Bulletin, San Francisco. 
 
 Laiv Chron. Law Chronicle, London ; — Law Chron- 
 icle, Edinburgh. 
 
 Law. Con. Lawson on Contracts. 
 
 Law Ex. J. Law Examination Journal, London. 
 
 Laiv Fr. d Lat. Diet. Law French and Latin Dic- 
 tionary. 
 
 Law Int. Law Intelligencer. 
 
 Law J. Ch. Law Journal, New Series, Chancery. 
 
 Law J. I. B. Law Journal, New Series, English 
 Queen's Bench. 
 
 Law J. P. D. Law Journal, Probate Division. 
 
 Law J. R., Q. B. Law Journal Reports, English 
 Queen's Bench, 
 
588 
 
 Appendix. 
 
 (Part VI 
 
 Law Jour. Law Journal. See L. J. 
 
 Law Jour. (M. lC W.). Morgan and Williams's Law 
 Journal, London. 
 
 Law Jour. (Smith's). J. P. Smith's Law Journal, 
 London. 
 
 Law Jur. Law's Jurisdiction of the Federal 
 Courts. 
 
 Law Lib. Law Library, Philadelphia (reprint of 
 English treatises). 
 
 Law Lib. N. S. Law Library, New Series, Phila- 
 delphia. 
 
 Law Mag. Law Magazine, London. 
 
 Law Neios. Law News, St. Louis, Mo. 
 
 Law l:'at. Dig. Law's Digest of Patent, Copyright 
 and Trade-mark Cases. 
 
 Law. PI. Lawes's Treatise on Pleading in As- 
 sumpsit. 
 
 Law Pr. Law's Practice in the Courts of the 
 U. S. 
 
 Laio Quart. Rev. Law Quarterly Review, London. 
 
 Law Rec. Law Recorder, Reports in all the Irish 
 Courts. 
 
 Law Rep. Law Reporter, Boston; — Law Reports. 
 See L. R. 
 
 Law Rep. A. d E. Law Reports, Admiralty and 
 Ecclesiastical. 
 
 Law Rep. App. Cas. Law Reports, Appeal Cases. 
 
 Law Rep. G. C. Law Reports, Crown Cases. 
 
 Laio Rep. C. P. or Law Rep. C. P. D. Law Reports, 
 Common Pleas Division. 
 
 Laio Rep. Ch. Law Reports, Chancery Appeal 
 Cases. 
 
 Laio Rep. Ch. D. Law Reports, Chancery Division. 
 
 Law Rep. Eq. Law Reports, Equity Cases. 
 
 Law Rep. Ex. or Law Rep. Ex. D. Law Reports, Ex- 
 chequer Division. 
 
 Law Rep. H. L. Law Reports, House of Lords, 
 English and Irish Appeal Cases. 
 
 Law Rep. H. L. Sc. Law Reports, Scotch and Di- 
 vorce Appeal Cases, House of Lords. 
 
 Law Rep. Ind. App. Law Reports, Indian Appeals. 
 
 Laiu Rep. Ir. Law Reports, Irish. 
 
 Laiv Rep. Misc. D. Law Reports, Miscellaneous Di- 
 vision. 
 
 Law Rep. N. S. Monthly Law Reporter, Boston. 
 
 Law Rep. P. C. Law Reports, Privy Council, Ap- 
 peal Cases. 
 
 Law Rep. P. <& D. Law Reports, Probate and Di- 
 vorce Cases. 
 
 Law Rep. Q. B. or Laio Rep. Q. B. D. Law Reports, 
 Queen's Bench Division. 
 
 Law Repos. Carolina Law Repository, North Car- 
 olina. 
 
 Law Rep. (Tor.). Law Reporter, Toronto. 
 
 Law Repos. Carolina Law Repository, North Car- 
 olina. 
 
 Law Rev. Law Review, London. 
 
 Law Rev. Qu. Law Review Quarterly, Albany, 
 N. y. 
 
 Law Rev. <& Qu. J. Law Review and Quarterly 
 Journal, London, 
 
 Law Stu. Mag. Law Students' Magazine, London. 
 
 Law Times or Law Times N. S. or Law Times Rep. 
 N. S. Law Times Reports, New Series, English 
 Courts, with Irish and Scotch Cases. 
 
 Law Times ( Scranton ) . Law Times, Scranton, Pa. 
 
 Lcnv Weekly. Law Weekly, New York. 
 
 Laio & Mag. Mag. Lawyers' and Magistrates*' Mag- 
 azine, London. 
 
 Lawes C. I^awes on Charter Parties. 
 
 Laioes PI. Lawes on Pleading. 
 
 Lawr. or Lawrence. Lawrence's Reports, vol. 20 
 Ohio. 
 
 Lawrence Comp. Dec. Lawrence's First Comptrol- 
 ler's Decisions. 
 
 Laws. Cas. Crim. L. Lawson's Leading Cases in 
 Criminal Law. 
 
 Laws. Cas. Eq. Lawson's Leading Cases in Equity 
 and Constitutional Law. 
 
 Laws. Lead. Cas. Simp. Lawson's Leading Cases 
 Simplified. 
 
 Lav'son Cont. Lawson on Contracts. 
 
 Laioson, Usages & Gust. Lawson on the Law of 
 Usages and Customs. 
 
 Lawy. Mag. Lawyers' Magazine. 
 
 Lay. Lay's Reports, English Chancery, 
 
 Ld. Ken. Lord Kenyon's English King's Bench 
 Reports. 
 
 Ld. Raym. Lord Raymond's English King's 
 Bench Reports. 
 
 Le Mar. Le Marchant's Gardner Peerage Case. 
 
 Lea or Lea B. J. Lea's Tennessee Reports ; — 
 Leach. 
 
 Leach or Leach C. C. Leach's Crown Cases, Eng- 
 lish Courts. 
 
 Leach C. L. Leach, Cases in Crown Law. 
 
 Leach Cas. or Leach CI. Gas. Leach's Club Cases, 
 London. 
 
 Lead. Cas. Arn. American Leading Cases, by Hare 
 & Wallace. 
 
 Lead. Cas. Eq. White and Tutor's Leading Cases 
 in Equity. 
 
 Leake. Leake on Contracts ;— Leake's Digest of 
 the Law of Property in Land. 
 
 Leake, -Cont. or Leake Contr. Leake on Contracts. 
 
 Leg. El. Dr. Civ. Rom. or Lee. Elm. Legons Ele- 
 mentaries du Droit Civil Romain. 
 
 Le Droit C. Can. Le Droit Civil Canadian, Mon- 
 treal. 
 
 Lee. Lee's English Ecclesiastical Reports ; — 
 Lee's Reports, vols. 9-12 California. 
 
 Lee Abs. Lee on Abstracts of Title. 
 
 Lee (Cat.). Lee's Reports, California. 
 
 Lee Cas. Ecc. Lee's Cases, English Ecclesiastical 
 Courts. 
 
 Lee Cas. t. H. or Lee d; H. Lee's Cases tempore 
 Hardwicke, English King's Bench. 
 
 Lcc J Diet, or Lee Pr. Lee's Dictionary of Practice. 
 
 Lee G. Sir George Lee's English Ecclesiastical 
 Reports. 
 
 Leesc. Leese's Reports, vol. 26 Nebraska. 
 
 Lcf. Dec. Lefevre's Parliamentary Decisions, re- 
 ported by Bourke. 
 
 Lefroy. Lefroy's English Railroad and Canal 
 Cases. 
 
 Leg. Leges. 
 
 Leg. Adv. Legal Adviser, Chicago, 111. 
 
 Leg. Alfred. Leges Alfredi (laws of King Alfred.) 
 
 Leg. Bibl. Legal Bibliography, by J. G. Marvin. 
 
 Leg. Burg. Ltges Buigurum, Scotland. 
 
 Leg. Canut. Leges Canuti (laws of King Canute 
 or Knut.) 
 
 Leg. Chron. or Leg. Chron. Rep. Legal Chronicle 
 Reports, Pottsville, Pennsylvania. 
 
 Leg. Edm. Leges Edmundi (laws of King Ed- 
 mund,) 
 
 Leg. Ethel. Leges Ethelredi. 
 
 Leg. Exam. Legal Examiner, London. 
 
 Leg. Exam. N. S. L^al Examiner, New Series, 
 Loudon. 
 
 Leg. Exam, d L. G. Legal Examiner and Law 
 Chronicle, London. 
 
 Leg. E:cam. <& Med. J. Legal Examiner and Med- 
 ical Jurist, London. 
 
 Leg. Ej-am-. W. R. Legal Exajniner, Weekly Re- 
 porter. L'jndon. 
 
 Leg. Exch. Legal Exchange, Des Moines, Iowa. 
 
 Leg. G. Legal Guide, London. 
 
 Leg. Gaz. or Leg. Gaz. R. or Leg. Ga^. Rep. (Pa.). 
 Legal Gazette Reports, Pennsylvania. 
 
 Leg. II. 1. Laws of [King] Henry the First. 
 
 Leg. Jiiq. Legal Inquirer, London. 
 
 Lc.f/. Int. Legal Intelligencer, Philadelphia. 
 
 Le<j. News. Legal News, Montreal. 
 
 Leg. Obs. Legal Observer, London. 
 
 Leg. Oler. The Laws of Oleron. 
 
 Leg. Op. Legal Opinions, Harrisburg, Penna. 
 
 Leg. Out. Legge on Outlawry. 
 
 Leg. Rec. Rep. Legal Record Reports. 
 
 Leg. Rem. Legal Remembrancer, Calcutta High 
 Court. 
 
 Leg. Rep. Legal Reporter, Nashville, Tenn. 
 
 Leg. Rrp. (Ir.). Lr gal Reporter, Irish Courts. 
 
 Leg. Rev. Legal Review, London. 
 
 Leg. Rhod. Laws of Rhodes. 
 
 Ljg. T. Can. Lrgal Tender Cases. 
 
 /.(';/. Ult. The Last Law. 
 
 Leg. Wish. Laws of Wisbuy. 
 
 Leg. Y. B. Legal Year Book, London. 
 
 Leg. if Jns Rept. Legal and Insurance -Reporter, 
 Philadelphia, 
 
ch. lo:) 
 
 Table of Abbreviations. 
 
 589 
 
 Legg. Leggett's Reports, Sind, India. 
 
 Legge. Legge's Supreme Court Cases, New South 
 Wales. 
 
 Legul. The Leguleian, London. 
 
 Lehigh Val. L. Rep. Lehigh Valley Law Reporter. 
 
 Leigh. Leigh's Reports, Virginia. 
 
 Leigh N. P. Leigh's Nisi Prius Law. 
 
 Leigh dc G. Leigh and Cave's Crown Cases, Eng- 
 lish Courts. 
 
 Leigh & D. Conv. Leigh and Dalzell on Conversion 
 of Property. 
 
 Leith R. F. St. Leith's Real Property Statutes, 
 Ontario. 
 
 Le Mar. Le Marchant's Gardner Peerage Case. 
 
 Leo. or Leon. Leonard's Reports, English King's 
 Bench. 
 
 Lest. P. L. or Lest. P. L. C. Lester's Decisions in 
 Public Land Cases, U. S. 1S60-70. 
 
 Lester. Lester's Reports, vols. 31-33 Georgia. 
 
 Lester Supp. or Lest, d But. or Lester & B. Lester & 
 Butler's Supplement to Lester's 33d Georgia Reports. 
 
 Lev. Levinz's Reports, English King's Bench. 
 
 Lew. Lewin's English Crown Cases Reserved ; — 
 Lewis, Missouri ; — Lewis's Reports, Nevada. 
 
 Lew. C. C. Lewin's Crown Cases, English Courts. 
 
 Le-w. C. L. or Lew. Cr. Law. Lewis's Criminal Law 
 of the U. S. 
 
 Leiv L. Cas. or Leiv. L. Gas. on L. L. Lewis's Lead- 
 ing Cases on Public Land Law. 
 
 Leio. L. T. in PhiJa. Lewis on Land Titles in Phil- 
 adelphia. 
 
 Lew. Perp. Lewis on the Law of Perpetuities. 
 
 Lew. Pr. Lewis's Principles of Conveyancing. 
 
 Lew. Stocks. Lewis on Stocks, Bonds, etc. 
 
 Lew. Tr. Lewin on Trusts. 
 
 Lewis. Lewis's Reports, vols. 29-35 Missouri Ap- 
 peals i^Lowis's Reports, vol. 1 Nevada ; — Lewis's 
 Kentucky Law Reporter. 
 
 Leu-is, Perp. Lewis on the Law of Perpetuity. 
 
 Lex Gust. Lex Custumaria. 
 
 Lex. Jurid. Calvinus, Lexicon Juridicum Juris 
 CEPsari simul et Canonic!, etc. 
 
 Lex Man. Lex Manerlorum. 
 
 Lex Mcr. or Lex Mer. Red. Lex Mercatorla, by 
 Beawes. 
 
 Lex Mer. Am. Lex Mercatoria Americana. 
 
 Lex Pari. Lex Parliamentaria. 
 
 Lex Salic. Lex Salica. 
 
 Ley. Ley's English King's Bench Reports ;— Ley's 
 Reports. English Court of Wards and other Courts. 
 
 Lil>. Liber (book) ;— Library. 
 
 Lib. Ass. Liber Assisarwn {Part 5 of the Year 
 Books). 
 
 Lib. Ent. Old Book of Entries. 
 
 Lib. Feud. Liber Feudorum; Gonsuetudines Feu- 
 dorum, at end of Gorpus Juris Civilis. 
 
 Lib. Intr. Liber Intrationum : Old Book of En- 
 tries. 
 
 Lib. L. d Eq. Library of Law and Equity. 
 
 Li:b. Niger. Liber Niger, or the Black Book. 
 
 Lib. PI. Liber Placitandi, Book of Pleading. 
 
 Lib. Reg. Register Books. 
 
 Lib. Rub. Liber Ruber, the Red Book. 
 
 Lib. Ten. Liber Tenementum. 
 
 Lieb. Civ. Lib. Lieber on Civil Liberty and Self- 
 Government. 
 
 Lieb. Herm. Lieher's Hermeneutics. 
 
 Lieber Civ. Lib. Lieber on Civil Liberty and Self- 
 Government. 
 
 Life & Ace. Ins. or Life & Ace. Ins. R. Life and Ac- 
 cident Insurance Reports (Bigelow's). 
 
 Lig. Dig. Ligon's Digest (Alabama). 
 
 Lil. Lilly's Reports or Entries, English Court of 
 Assize. 
 
 Lil. Abr. Lilly's Abridgment. 
 
 Lil. Reg. Lilly's Practical Register. 
 
 Lind. Jur. Lindley's Jurisprudence. 
 
 Lind. Part, or Lindl. Partn. Lindley on Partner- 
 ship. 
 
 Linn Ind. Linn's Index of Pennsylvania Reports. 
 
 Linn) Laws Prov. Pa. Linn on the Laws of the 
 Province of Pennsylvania. 
 
 Lit. or Litt. Littell's Kentucky Reports ;— Little- 
 ton's English Common Pleas and Exchequer Reports. 
 
 Lit. Sel. Ca. Littell's Select Kentucky Cases. 
 
 Lit. s. Littleton, section. 
 
 Lit. Ten. Littleton's Tenures. 
 
 Lit. d Bl. Dig. Littleton & Blatchley's Insurance 
 Digest. 
 
 Litt. (Kg.). Littell's. Reports, Kentucky. 
 
 Litt. Set. Cas. Littell's Select Cases, Kentucky. 
 
 Litt. Ten. Littleton's Tenures. 
 
 Litt. d B. Littleton and Blatchley's Digest of In- 
 surance Decisions. 
 
 Littell. Littell's Kentucky Reports. 
 
 Littleton. Littleton's English Common Pleas and 
 Exchequer Reports. 
 
 Liv. Livre, Book. 
 
 Liv. Gas. Livingston's Cases in Error, New York. 
 
 Liv. Jud. Op. Livingston's Judicial Opinions, New 
 York. 
 
 Liv. L. Mag. Livingston's Law Magazine, New 
 York. 
 
 Liv. L. Reg. Livingston's Law Register, New York. 
 
 Liverm. Ag. Livermore on Principal and Agent. 
 
 Liverm. Diss. Livermore's Dissertation on the 
 Contrariety of Laws. 
 
 Liz. Sc. Exch. Lizars's Scotch Exchequer Cases. 
 
 LI. Leges, Laws. 
 
 LI. & G. t. P. Lloyd & Goold's Irish Chancery Re- 
 ports tonpore Plunkett. 
 
 LI. & G. t. S. Lloyd & Goold's Irish Chancery Re- 
 ports tempore Sugden. 
 
 LI. dW.ov Lloyd dW. Lloyd & Welsby's English 
 Mercantile Cases. 
 
 Llo. Gh. St. Lloyd's Chitty's Statutes. 
 
 Llo. T. M. Lloyd on Trademarks. 
 
 Llo. & G. t. P. Lloyd and Goold's Reports, tem- 
 pore Plunkett, Irish Chancery. 
 
 Llo. & G. t. S. Lloyd and Goold's Reports, tevi- 
 pore Sugden, Irish Chancery. 
 
 Llo. d W., Lloyd d W., or Llo. d W. Mer. Gas. 
 Lloyd and Welsby's Mercantile Cases, English 
 King's Bench. 
 
 Loc. cit. Loco citato, in the place cited. 
 
 Loc. Ct. Gaz. Local Courts and Municipal Gazette, 
 Toronto, Onl. 
 
 Locc. de Jur. Mar. Loccenius, de Jure Maritimo 
 et Navali. 
 
 Loclc. Rev. Ga. or Lock. Rev. Gas. Lockwood's Re- 
 versed Cases, New York. 
 
 Locus Standi. Locus Standi Reports, English. 
 
 Lofft. Lofft's Reports, English King's Bench. 
 
 Lofft, Append. Lofft's Maxims, appended to Lofft's 
 Reports. 
 
 Log. Covip. Logan's Compendium of English, 
 Scotch, and Aucient Roman Law. 
 
 Lois des Batim. Lois des Batiments. 
 
 Lom. C. H. Rep. Lomas's City Hall Reporter, New 
 York. 
 
 Lom. Dig. Lomax's Digest of the Law of Real 
 Property in the U. S. 
 
 Lond. London Encyclopedia. 
 
 Lond. Jur. London Jurist, Reports in all the 
 Courts. 
 
 Lond. Jur. N. S. London Jurist, New Series. 
 
 Lond. L. Mag. London Law Magazine. 
 
 Long Q. or Long Quint. Long Quinto (Year Books, 
 Part X). 
 
 Longf. d T. or Long, d Town^ Longfield & Town- 
 send's Irish Exchequer Reports. 
 
 Lor. Inst. Lorimer's Institutes. 
 
 Lor. d Russ. Lorlng &, Russell, Election Cases, 
 Massachusetts. 
 
 Lords Jour. Journal of the House of Lords. 
 
 Lorenz (Ceylon). Lorenz's Ceylon Reports. 
 
 Loring d Russell. Loring & Russell's Massachu- 
 setts Election Cases. 
 
 Low. or Lowis. Louisiana (see La.). 
 
 Louis. Code. Civil Code of Louisiana. 
 
 Love. Wills. Lovelass on Wills. 
 
 Low. OT Low. Dis. Lowell's Decisions, U. S. Dist. 
 of Massachusetts. 
 
 Low. Can. or Loio. Can. R. Lower Canada Reports. 
 
 Low. Can. Jur. Lower Canada Jurist, Montreal. 
 
 Low. Can. L. J. Lower Canada Law Journal. 
 
 Low. Can. Repts. Lower Canada Reports. 
 
 Loio. G. Seign. or Low. Can. Seign. Lower Canada 
 Seignorial Reports. 
 
590 
 
 Appendix. 
 
 (Part VI 
 
 Lowell. Lowell's United States District Court Re- 
 ports. 
 
 Lown. Av. Lowndes on Average. 
 
 Lown. Col. Lowndes on Collisions at Sea. 
 
 Lown. Leg. Lowndes on Legacies. 
 
 Lown. M. d P. Lowndes, Maxwell and Pollock's 
 Bail Court Reports, English. 
 
 Lown. & M. Lowndes and Maxwell's Bail Court 
 Reports, English. 
 
 Lul)e Eq. Lube on Equity Pleading. 
 
 Lug. or Lucas. Lucas's Reports, Part X Modern 
 Reports. 
 
 Lud. El. Cas. Luder's Election Cases, English. 
 
 Ludd. or Ludden. Ludden's Reports, vols. 43, 44 
 Maine. 
 
 Lum. Cas. or LuTn. P, L. Cas. Lumley's Poor Law 
 Cases. 
 
 Lum. Pari. Pr. Lumley's Parliamentary Practice. 
 
 Lum. Set. Lumley on Settlements and Removal. 
 
 Lumpkin. Lumpkin's Reports, vols. 59-77 Georgia. 
 
 Lush, or Lush. Adm. Lushington's Admiralty Re- 
 ports, English. 
 
 Lush. P. L. Lushington on Prize Law. 
 
 Lush Pr. Lush's Common Law Practice. 
 
 Lut. Lutwyche's Reports, English Common Pleas. 
 
 Lut. Elec. Cas. Lutwyche's Election Cases, Eng- 
 lish. 
 
 Lut. Ent. Lutwyche's Entries. 
 
 Lut. B. C. Lutwyche's English Registration Ap- 
 peal Cases. 
 
 Lutw. E. Lutwyche's English Common Pleas Re- 
 ports. 
 
 Lus. L. J. Luzerne Law Journal. 
 
 Lii!s. L. T. Luzerne Law Times. 
 
 Lw2r. Leg. 01). Luzerne Legal Observer, Carbon- 
 dale, Pa. 
 
 Luz. Leg. Reg. Luzerne Legal Register, "Wilkes- 
 barre. Pa. 
 
 Lynd. Prov. Lyndwood's Provinciales. 
 
 Lyne. Lyne's Reports, Irish Chancery. 
 
 M. Massachusetts; — Maryland ; — Maine ; — 
 Michigan; — Minnesota; — Mississippi ; — Mis- 
 souri ; — Montana ;— Queen Mary; thus 1 M. signifies 
 the first year of the reign of Queen Mary;— Michael- 
 mas Term. Mortgage ; — Morison's Dictionary of De- 
 cisions, Scotch Court of Session;— Session Cases, 
 3d Series, Scotland (Macpherson) ; — See Mc. 
 
 M. A. Missouri Appeals. 
 
 M. Cas. Magistrates' Cases. 
 
 M. C. C. Moody's English Crown Cases, Reserved. 
 
 M. D. d B. or M. D. & De G. Montague, Deacon and 
 DeGex's Reports, English Bankruptcy. 
 
 M. G. & S. Manning, Granger and Scott's Re- 
 ports, English Common Pleas, Common Bench Re- 
 ports, vols. 1-8. 
 
 M. L. Mercian Law. 
 
 M. L. J. Memphis Law Journal, Tennessee. 
 
 M. L. R. Maryland Law Record, Baltimore. 
 
 M. M. R. Mitchell's Maritime Register, London. 
 
 M. P. C. Moore's Privy Council Cases, English. 
 
 M. R. Master of the Rolls. 
 
 M. St. More's Notes on Stair's Institutes. 
 
 M. T. Michaelmas Term. 
 
 M. & A. or M. & Ayr. Montagu & Ayrton's English 
 Bankruptcy Reports. 
 
 M. & B. Montagu and Bligh's Reports, English 
 Bankruptcy. 
 
 M. <& C. Mylne & Craig's English Chancery Re- 
 ports ;— Montagu & Chitty's English Bankruptcy 
 Reports. 
 
 M. d C. Bankr. or M. d Cht. Bankr. Montagu and 
 Chitty's Bankruptcy Reports, English. 
 
 M. & G. Manning & Granger's English Common 
 Pleas Reports ;—Maddock & Geldart's English Chan- 
 cery Reports, vol. 6 Maddock's Reports. 
 
 M. d Gel. Maddock & Geldart's English Chancery 
 Reports, vol. 6 Maddock's Reports. 
 
 M. d Gord. Macnaghten & Gordon's English Chan- 
 cery Reports. 
 
 M. d H. Murphy and Hurlstone's Exchequer Re- 
 ports. 
 
 M. d K. Mylne and Keen's Reports, English Chan- 
 cery. 
 
 M. d M. Moody and Malkln'a Reports, English 
 Nisi Priua. 
 
 M. d McA. Montague and McArthur's Reports, 
 English Bankruptcy. 
 
 M. d P. Moore and Payne's Reports, English 
 Common Pleas and Exchequer. 
 
 M. d R. Manning & Ryland's English King's 
 Bench Reports ;— Moody & Robinson's English Nisi 
 Prius Reports ;— Maclean & Robinson's Scotch Ap- 
 peal Cases. 
 
 M. d R. M. C. Manning and Ryland's Magistrate 
 Cases, English King's Bench. 
 
 M. & Rol). Moody and Robinson's Nisi Prius Cas- 
 es, English Courts. 
 
 M. & S. Maule & Selwyn's English King's Bench 
 Reports ;— Moore & Scott's English Common Pleas 
 Reports;— Manning & Scott's Reports, vol. 9 Com- 
 mon Bench. 
 
 M. d Scott. Moore and Scott's Reports, English 
 Common Pleas. 
 
 M. & W. Meeson and Welsby's Reports, English 
 Exchequer. 
 
 M. d Y. Martin and Terger's Reports, Tennessee. 
 
 Mac. Macnaghten's English Chancery Reports. 
 
 MacAr. MacArthur's District of Columbia Re- 
 ports; — MacArthur's Patent Cases. 
 
 MacAr. Pat. Cas. MacArthur's Patent Cases. 
 
 MacAr. d M. or MacAr. d Mackey. MacArthur and 
 Mackey, Reports of District of Columbia Supreme 
 Court. 
 
 MacArth. or MacArthur. MacArthur's District of 
 Columbia Reports ; — MacArthur's Patent Cases. 
 
 MacArth. Pat. Cas. MacArthur, Patent Cases, Dis- 
 trict of Columbia. 
 
 Mac. N. Z. Macassey's New Zealand Reports. 
 
 Mac. Pat. Cas. Macrory's Patent Cases. 
 
 Mac. d G. Macnaghten & Gordon's English Chan- 
 cery Reports. 
 
 Mac. d Rob. Maclean & Robinson's Scotch Appeal 
 Cases. 
 
 Macas, Macassey's Reports, New Zealand. 
 
 Mace. Cas. Maccola's Breach of Promise Cases. 
 
 Maccl. Macclesfield's Reports, 10 Modern Reports. 
 
 Maccl. Tr. Macclesfield's Trial (Impeachment), 
 London, 1725. 
 
 Maccles. Macclesfield's Reports (10 Modern). 
 
 Macd. Jam. Macdougall's Jamaica Reports. 
 
 Macf. or Macfar. Macfarlane's Reports, Jury 
 Courts, Scotland, 
 
 Macf. Pr. Macfarlane's Practice of the Court of 
 Session. 
 
 Mack. C. L. Mackeldey on Civil Law. 
 
 Mack. Cr. L. Mackenzie on the Criminal Law of 
 Scotland. 
 
 Mack. Inst. Mackenzie's Institutes of the Law of 
 Scotland. 
 
 Mack. Obs. Mackenzie's Observations on Acts of 
 Parliament. 
 
 Mack. Rom. L. Mackenzie's Studies in Roman 
 Law. 
 
 Mackeld. Mackeldey on Modern Civil Law ; — 
 Mackeldey on Roman Law. 
 
 Mackeld. Civil Law. Mackeldey on Modern Civil 
 Law. 
 
 Mackeld. Rom. Law. Mackeldey on Roman Law. 
 
 Mackey. Mackey's Supreme Court Reports, Dis- 
 trict of Columbia. 
 
 Mad. McLean's United States Circuit Court Re- 
 ports ;— Maclaurin's Scotch Criminal Decisions. 
 
 Mad. Dec. Maclaurin's Decisions, Scotch Courts. 
 
 Mad. Sh. Maclachlan on Merchant Shipping. 
 
 Mad. d R. Maclean and Robinson's Scotch Ap- 
 peals. 
 
 Macn. Macnaghten's Select Cases In Chancery 
 tempore King;— W. H. Macnaghten's Reports, India. 
 
 Macn. C. M. Macnaghten on Courts Martial. 
 
 Macn. F. or Macn. (Fr.). Sir Francis Macnagh- 
 ten's Bengal Reports. 
 
 Macn. N. A. Beng. Macnaghten's Nizamut Adaw- 
 lut Reports, Bengal. 
 
 Macn. Nul. Macnamara on Nullities and Irregu- 
 larities in the Practice of the Law. 
 
 Macn. 8. D. A. Beng. (W. H.) Macnaghten's Sudder 
 Dewanny Adawlut Reports, Bengal. 
 
 Macn. d G. Macnaghten and Gordon's Reports, 
 English Chancery. 
 
 Macomb C. M. Macomb on Courts Martial. 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 591 
 
 Macph. Macplierson, Lee & Bell's (Third Series) 
 Scotch Court of Session Cases. 
 
 Macpli. Inf. Macpherson on Infancy. 
 
 Macph. Jud. Com. Macpherson, Practice of the 
 Judicial Committee of the Privy Council. 
 
 Macph. Priv. Coun. Macpherson's Privy Council 
 Practice. 
 
 Macq. Macqueen's Scotch Appeal Cases (House 
 of Lords). 
 
 Macq. beb. Macqueen's Debates on Life Peerage 
 Question. 
 
 Macq. H. L. Cas. Macqueen's Scotch Appeal Cases 
 (House of Lords). 
 
 Macq. H. d W. Macqueen on Husband and Wife. 
 
 Macq. M. &D. Macqueen on Marriage and Di- 
 vorce. 
 
 Macr. P. Cas. Macrory's Patent Cases. 
 
 Macr. d B. Macrae and Hertslet's Insolvency 
 Cases. 
 
 MacSxoin. Mines. MacSwinney, Law of Mines, 
 Quarries, and Minerals. 
 
 Mad. Haddock's English Chancery Reports; — Ma- 
 dras; — Maddox's Reports, vols. 9-19 Montana. 
 
 Mad. Exch. Madox's History of the Exchequer. 
 
 Mad. Form. Madox's Formulare Anglicarum. 
 
 Mad. HfC. or Mad. H. Ct. Rep. Madras High Court 
 Reports. 
 
 Mad. Jur. Madras Jurist, India. 
 
 Mad. Papers. Madison's (James) Papers. 
 
 Mad. S. D. A. B. or Mad. S. D. R. Madras Sudder 
 Dewanny Adawlut Reports. 
 
 Mad. Sel. or Mad. Sel. Dec. Madras Select Decrees. 
 
 Mad. Ser. Madras Series (East) India Law Re- 
 ports. 
 
 Mad. dB. Maddox & Bach's Reports, vol. 19 Mon- 
 tana. 
 
 Mad. & Gel. Maddock & Geldart's English Chan- 
 cery Reports, vol. 6 Haddock's Reports. 
 
 Madd. Haddock's English Chancery Reports; — 
 Maddox's Reports, vols. 9-18 Montana. 
 
 Madd. Ch. Pr. Haddock's Chancery Practice. 
 
 Madd. d G. Maddock and Geldart's Reports, Eng- 
 lish Chancery (vol. 6, Haddock's Reports). 
 
 Mag. The Magistrate, London. 
 
 Mag. Cas. Magistrates's Cases, especially the se- 
 ries edited by Bittleston, Wise, & Parnell. 
 
 Mag. Char. Magna Carta or Charta. See Har- 
 rington's Revised Statutes of England, 1870, vol. 1, 
 p. 84, and Coke's Second Institute, vol. 1, first 78 
 pages. 
 
 Mag. Dig. Hagrath's South Carolina Digest. 
 
 Mag. Ins. Hagen on Insurance. 
 
 Mag. (Md.). Magruder's Reports, Maryland, vols. 
 1-2. 
 
 Mag. Rot. Magus Rotulus (the Great Roll of the 
 Exchequer). 
 
 Mag. dM.dP. L. Magistrate and Municipal and 
 Parochial Lawyer. 
 
 Magr. or Magruder. Magruder's Reports, vols. 1, 
 2 Maryland. 
 
 Maine. Maine Reports. 
 
 Maine Anc. L. or Maine Anc. Law. Haine on An- 
 cient Law. 
 
 Maine, Popular Govt. Maine, Popular Government. 
 
 Maine Vil. Com. Maine on Village Communities. 
 
 Maitland. Haitland's Hanuscript Scotch Session 
 Cases. 
 
 Mai. Malyne's Lex Hercatoria. 
 
 Mall. Ent. Mallory's Hodern Entries. 
 
 Malloy. Malloy's Irish Chancery Reports. 
 
 Malone. Editor, vols. 6, 9, and 10, Heiskell's Ten- 
 nessee Reports. 
 
 Man. Manning's Reports (English Court of Revi- 
 sion) ;— Manitoba ;— Manning's Reports, vol. 1 Mich- 
 igan ;— Manuscript ;— Hanson's English Bankruptcy 
 Cases. 
 
 Man. Cas. Manumission Cases in New Jersey, by 
 Bloomfleld. 
 
 Man. El. Cas. Manning's English Election Cases 
 (Court of Revision). 
 
 'Man. Exch. Pr. Manning's Exchequer Practice. 
 
 Man. Gr. d S. Manning, Granger and Scott's Re- 
 ports, English Common Pleas. 
 
 Man. Int. Law. Hanning, Commentaries on the 
 Law of Nations. 
 
 Man. L. R. Manitoba Law Reports. 
 
 Man. d G. Hanning and Granger's Reports, Eng- 
 lish Common Pleas. 
 
 Man. d R. or Man. d Ry. Hanning and Ryland's 
 Reports, English King's Bench. 
 
 Man. d R. Mag. Cas. or Man. & Ry. Mag. Cas. Man- 
 ning and Ryland's Magistrate Cases, English King's 
 Bench. 
 
 Man. d S. Hanning & Scott's Reports, vol. 9 Com- 
 mon Bench. 
 
 Manb. Coke. Manby's Abridgment of Coke's Re- 
 ports. 
 
 Manitoba. Armour's Queen's Bench and County 
 Court Reports tempore Wood, Manitoba ;— Manitoba 
 Law Reports. 
 
 Manl. Fines. Manley on Fines. 
 
 Mann. Manning's Reports, Michigan Reports, 
 vol. 1. 
 
 Mann. Com. Manning's Commentaries on the Law 
 of Nations. 
 
 Manning. Manning's Unreported Cases ;— Louisi- 
 ana ; — Manning's Reports, vol. 1 Michigan. 
 
 Manning, La. Unreported Cases, Louisiana. 
 
 Mans. Mansfield's Reports, vols. 49-52 Arkansas ; 
 — Manson, English Bankruptcy Cases. 
 
 Manson. Hanson's English Bankruptcy Cases. 
 
 Manum. Cas. or Manum-. Gases. Manumission Cas- 
 es, New Jersey (Bloomfield's). 
 
 Manw. or Manw. For. Laws. Manwood's Forest 
 Laws. 
 
 Mar. March's English King's Bench Reports ;— 
 Harshall's United States Circuit Court Reports ;— 
 Harshall's Kentucky Reports ; — Hartin's Louisiana 
 Reports ; — Martin's North Carolina Reports ;— Mar- 
 shall's Reports, Bengal ;— Maryland ;— Maritime. 
 
 Mar. Br. March's Translation of Brook's New 
 Cases. 
 
 Mar. L. C. or Mar. L. Cas. or Mar. L. Rep. Maritime 
 Law Cases (Crockford's), English. 
 
 Mar. L. C. N. S. or Mar. L. Cas. N. S. or Mar. L. 
 Rep. N. S. Maritime Law Reports, New Series (As- 
 pinall's), English. 
 
 Mar. La. Martin's Louisiana Reports. 
 
 Mar. N. C. Martin's North Carolina Reports. 
 
 Mar. N. S. Martin's Louisiana Reports, New Se- 
 ries. 
 
 Mar. R. English Maritime Law Reports. 
 
 Mar. Rec. B. Martin's Recital Book. 
 
 Mar. Reg. Mitchell's Maritime Register, London. 
 
 March. March's Translation of Brooke's New 
 Cases, King's Bench. 
 
 March N. C. March's New Cases, English King's 
 Bench. 
 
 Marine Ct. R. Marine Court Reporter (McAdam's), 
 New York. 
 
 Mark. El. Markley's Elements of Law. 
 
 Marks d Sayre. Marks & Sayre's Reports, vol. 108 
 Alabama. 
 
 Marr. Marriott's English Admiralty Decisions ;— 
 Harrack's European Assurance Cases. 
 
 Marr. Adm. Harriott's Reports, English Admir- 
 alty. 
 
 Mars. Harsden's English Admiralty Reports. 
 
 Marsh. Harshall's United States Circuit Court 
 Decisions ;— Marshall's English Common Pleas Re- 
 ports ;— Marshall's Bengal Reports ;— Harshall, Ken- 
 tucky ; — Harshall's Reports, vol. 4 Utah. 
 
 Marsh. (A.K.). A. K. Harshall's Kentucky Re- 
 ports. 
 
 Marsh. Beng. Marshall's Reports, Bengal. 
 
 Marsh. C. P. Marshall's English Common Pleas 
 Reports. 
 
 Marsh. Calc. Marshall's Reports, Calcutta. 
 
 Marsh. Ceylon. Marshall's Ceylon Reports. 
 
 Marsh. Dec. Marshall's United States Circuit 
 Court Decisions (Brockenbrough) ;— Marshall on the 
 Federal Constitution. 
 
 Marsh. Ins. Marshall on Insurance. 
 
 Marsh. J. J. J. J. Marshall's Reports, Kentucky. 
 
 Marsh, (^y.) or Marsh. A. K. A. K. Marshall's Re- 
 ports, Kentucky. 
 
 Marsh. Op. Marshall's (Chief Justice) Constitu- 
 tional Opinions. 
 
 Mart, or Mart. (La. J. Martin's Reports, Louisi- 
 ana;— (see Hartin). 
 
592 
 
 Appendix. 
 
 (Part VI 
 
 Mart. Cond. La. Martin's Condensed Louisiana 
 Reports. 
 
 if/art. Dec. United States Decisions in Martin's 
 North Carolina Reports. 
 
 Mart. (Ga.). Martin's Reports, Georgia. 
 
 Mart. (Ind.). Martin's Reports, Indiana. 
 
 Mart. (La.). Martin's Louisiana Reports. 
 
 Mart. Law Nat. Martin's Law of Nations. 
 
 Mart.(N.C.). Martin's Reports, North Carolina. 
 
 Mart. N. S. or Mart. (La.) N. S. Martin's Re- 
 ports, New Series, Louisiana. 
 
 Mart. O. S. (La.). Martin's Louisiana Reports, Old 
 Series. 
 
 Mart. U. S. C. C. Martin's United States Circuit 
 Court Reports. 
 
 Mart. & y. or Mart. & Yeag. Martin and Yeager's 
 Reports, Tennessee. 
 
 Marth. W. Ca. Martha Washington Case, see Unit- 
 States V. Cole, 5 McLean, 513, Fed. Cas. No. 14,832. 
 
 Martin. Martin's Louisiana Reports ; — Martin's 
 North Carolina Reports ;— Martin's Reports, vols. 
 21-30 Georgia ;— Martin's Reports, vols. 5i-70 Indi- 
 ana. 
 
 Martin Index. Martin's Index to Virginia Reports. 
 
 Marv. Marvel's Reports, Delaware. 
 
 Marv. Av. Marvin on General Average. 
 
 Marv. Leg. Bibl. Marvin's Legal Bibliography. 
 
 Marv. Salv. or Marv. Wr. & S. Marvin on Wreck 
 and Salvage. 
 
 Maryland. Maryland Reports. 
 
 Mas. or Mason (If. S.J. Mason's United States Cir- 
 cuit Court Reports. 
 
 Mass. Massachusetts ; — Massachusetts Reports. 
 
 Mass. Dr. Com. Masse's Le Droit Commercial. 
 
 Mass. Elec. Ca. Massachusetts Election Cases. 
 
 Mass. L. B. Massachusetts Law Reporter, Boston. 
 
 Massey v. Headford. An Irish Criminal Conversa- 
 tion Case, 1804. Originally printed in Ireland and 
 reprinted both in New York and Philadelphia. 
 
 Mast. Master's Reports, vols. 25-28 Canada Su- 
 preme Court. 
 
 Mat. Mathews. 
 
 Mat. Par. QT Paris. Matthew Paris, Historia Mi- 
 nor. 
 
 MatTi. Ev. Matthews on Presumptive Evidence. 
 
 Mathews. Mathews's Reports, vols. 6-9 West Vir- 
 ginia. 
 
 Mats, or Matson. Matson's Reports, vols. 22-24 
 Connecticut. 
 
 Matth. (W.Va.). Matthews's Reports, West Vir- 
 ginia Reports, vol. 6. 
 
 Matth. Com. Matthews's Guide to Commissions ir 
 Chancery. 
 
 Matth. Dig. Matthews's Digest. 
 
 Matthews. Matthews's Reports, vol. 75 Virginia. 
 
 Man. <£ Pol. Sh. Maude and Pollock's Law of Ship- 
 ping. 
 
 Man. (& Sel. Maule & Selwyn's Reports, English 
 King's Bench. 
 
 Maude <& P. Mer. SMpp. Maude & Pollock's Law o,' 
 Merchant Shipping. 
 
 Maude tf- P. Shipp. Maude & Pollock's Law of Mer 
 chant Shipping. 
 
 Maug. Lit. Pr. Maughan on Literary Property. 
 
 Maul. & Sel. or Maule & 8. Maule & Selwyn's Eng- 
 lish King's Bench Reports. 
 
 Maur. Dec. Mauritius Decisions. 
 
 Max. Maxims. 
 
 Max. Dig. Maxwell's Nebraska Digest. 
 
 Maxvj. Int. Sts. or Maxw. Interp. St. Maxwell on 
 the Interpretation of Statutes. 
 
 May Const. Hist. May's Constitutional History o' 
 England. 
 
 May Grim. L. May's Criminal Law. 
 
 May Fr. Conv. May on Fraudulent Conveyances. 
 
 May Hist. May's Constitutional History of Eng- 
 land. 
 
 May Ins. May on Insurance. 
 May. Merg. Mayhew on Merger. 
 May P. L. or May, Pari. Law. May's Parliamentary 
 Law. 
 May, Pari. Pr. May's Parliamentary Practice. 
 May)iio Inst. Maymo's Roniani et Hispani Juris 
 Institutiones. 
 
 Mayn. Maynard's Reports, Edward II. (Tear 
 Books, Part I). 
 
 Mcyne Dam. Mayne on Damages. 
 
 Mayo Just. Mayo's Justice. 
 
 Mayo & Moul. Mayo and Moulton's Pension Laws. 
 
 McAl. or McAll. McAllister's United States Circuit 
 Court Reports. 
 
 McArth. McArthur's Reports, Dist. of Columbia. 
 
 McArth. C. M. McArthur on Courts Martial. 
 
 McBride. McBride's Reports, vol. 1 Missouri. 
 
 McCah. or McGahon. McCahon's Reports, Supreme 
 Court of Kansas and U. S. Courts, Dist. of Kansas. 
 
 McCall Pr. McCall's Precedents. 
 
 McCar. or McG art. McCarter's New Jersey Equity 
 Reports, vols. 14, 15 ;— McCarty's New York Civil 
 Procedure Reports. 
 
 McCl. McClelland's English Exchequer Reports. 
 
 McCl. & Y. McClelland & Younge's English Ex- 
 chequer Reports. 
 
 McClain Cas. Car. McClain's Cases on Carriers. 
 
 McClel. McClelland's Reports, English Exchequer. 
 
 McClel. Pro. Pr. McClellan's Probate Practice. 
 
 McClel. d Y. McClelland and Younge's Reports, 
 English Exchequer. 
 
 McCook. McCook's Reports, vol. 1 Ohio State. 
 
 McCord. McCord's Law Reports, South Carolina. 
 
 McCord Ch. or McCord Eq. McCord's Equity Re- 
 ports, South Carolina. 
 
 McCork. or McCorkle. McCorkle's Reports, North 
 Carolina, vol. 65. 
 
 McCr. McCrary's United States Circuit Court Re- 
 ports. 
 
 McCr. Elect. McCrary's American Law of Elec- 
 tions. 
 
 McCrary. McCrary, United States Circuit Court 
 Reports. 
 
 McCul. Diet. McCullough's Commercial Diction- 
 ary. 
 
 McCul. Pol. Econ. McCulloch, Political Economy. 
 
 McCull. Diet. McCullough's Commercial Diction- 
 ary. 
 
 McDevitt. McDevitt's Land Commissioner's Re- 
 ports, Ireland. 
 
 McDon. Inst. McDonall's Institutes of the Law of 
 Scotland. 
 
 McFar. McFp.rlane's Reports (Scotch Jury Court). 
 
 McGill ovMcGin So. Sess. McGiU's Manuscript 
 Decisions Scotch Court of Session. 
 
 McG J. or 3IcGloin. McGloin's Louisiana Reports. 
 
 McKinn. Jus. McKinney's Justice. 
 
 McKinn. Phil. Ev. McKinnon's Philosophy of Ev- 
 idence. 
 
 MrL. or McLean. McLean's United States Circuit 
 Court Reports. 
 
 McL. d R. McLean & Robinson's Scotch Appeal 
 Cases. 
 
 McM. Com. Dec. McMaster's Commercial Deci- 
 sions. 
 
 McMas. R. L. McMaster's Railroad Law, New 
 York. 
 
 McMul. or McMull. McMullan's South Carolina 
 Law Reports. 
 
 MrMul. Eq. or McMull. Ch. or McMull. Eq. Mc- 
 Mullan's South Carolina Equity Reports. 
 
 MrNagh. McNaghten (see Macn.). 
 
 McNagh. Elem. McNaghten's Elements of Hindoo 
 Law. 
 
 McPherson. McPherson, Lee, & Bell's (Third Se- 
 ries) Scotch Session Cases. 
 
 McWillie. McWillie's Reports, vols. 73-76 Missis- 
 sippi. 
 
 Md. Maryland ;— Maryland Reports ;— Harris & 
 McHenry's Maryland Reports. 
 
 Md. Ch. Maryland Chancery Decisions, by John- 
 son. 
 
 Md. L. Rec. Maryland Law Record, Baltimore. 
 
 Md. L. Rep. Maryland Law Reporter, Baltimore. 
 
 Md. L. Rev. Maryland Law Review. 
 
 Me. Maine; — Maine Reports. 
 
 Means. Means's Kansas Reports. 
 
 Mechcin. Ag. Mechem on Agency. 
 
 Mcch. Cas. Ag. Mechem's Cases on Agency. 
 
 Med. Jar. Medical Jurisprudence. 
 
 Med. L. J. or Med. Leg. J. Medico Legal Journal, 
 New York. 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 593 
 
 Med. L. N. Medico Legal News, New York. 
 Med. L. P. Medico Legal Papers, New York. 
 Medd. Meddaugla's Reports, vol. 13 Michigan. 
 Mees. tC" Ros. Meeson & Roscoe's English Excheq- 
 uer Reports. 
 
 Mecs. d- W. or Mees. d Wels. Meeson & Welsby's 
 English. Exchequer Reports. 
 Meg. Megone's Company Case. 
 Mc'igs. Meigs's Reports, Tennessee. 
 Melv. Tr. Melville's Trial (Impeachment), Lon- 
 don. 
 
 Me7n. in Scacc. Memorandum or memoranda in the 
 Exchequer. 
 ikfem. L. J. Memphis Law Journal, Tennessee. ' 
 
 Menken. Menken's Reports, vol. 30 New York 
 Civil Procedure Reports. 
 
 Menz. Menzies's Reports, Cape of Good Hope. 
 
 Mer. Merivale's Reports, English Chancery. 
 
 Merc. Cas. Mercantile Cases. 
 
 Merch. Diet. Merchant's Dictionary. 
 
 Meriv. Merivale's English Chancery Reports. 
 
 Merl. Quest. Merlin, Questions de Droit. 
 
 Merl. Repert. Merlin's Repertoire de Jurispru- 
 dence. 
 
 Met. or Mete. Metcalf's Massachusetts Reports;— 
 Metcalfe's Kentucky Reports;— Metcalf's Reports, 
 vol. 3 Rhode Island. 
 
 Mete. Contr. Metcalf on Contracts. 
 
 Mete. (Ky.). Metcalfe's Reports, Kentucky. 
 
 Mete. (Mass.). Metcalf's Reports, Massachusetts 
 Reports, vols. 42-54. 
 
 Meth. Ch. Ca. or Meth. Ch. Cas. Report of Metho- 
 dist Church Case. 
 
 Midi. Michigan ; — Michigan Reports ;— Michaelmas. 
 
 Mich. C. C. R. or Mich. Cir. Ct. Rep. Michigan Cir- 
 cuit Court Reporter, Marquette. 
 
 Mich. L. Michigan Lawyer, Detroit, Mich. 
 
 Mich. L. J. Michigan Law Journal, Detroit, Mich., 
 
 Mich. Laioyer. Michigan Lawyer, Detroit, Mich. 
 
 Mich. Leg. Neios. Michigan Legal News. 
 
 Mich. N. P. Michigan Nisi Prius Cases (Brown's). 
 
 Mich. Pol. Soc. Michigan Political Science Asso- 
 ciation. 
 
 Mich. Rev. St. Michigan Revised Statutes. 
 
 Mich. T. Michaelmas Term. 
 
 Mich. Vac. Michaelmas Vacation. 
 
 Middx. Sit. Middlesex Sittings at Nisi Prius. 
 
 Mil. Miles's Pennsylvania Reports ; — Miller (see 
 Mill.). 
 
 Miles. Miles's District Court Reports, City and 
 County of Philadelphia, Pennsylvania. 
 
 Mill. Mill's South Carolina Constitutional Re- 
 ports;— Miller's Reports, vols. 1-5 Louisiana;— Mil- 
 ler's Reports, vols. 3-18 Maryland;~Miller's Deci- 
 sions, United States. 
 
 Mill. Civ. L. Miller's Civil Law. 
 
 MiU, Const. (S. C). Mill's South Carolina Con- 
 stitutional Reports. 
 
 Mill. Dec. or Mill. Dec. (XJ. S.). Miller's Decisions 
 (Woolworth's Reports) United States Circuit Court ; 
 —Miller's Decisions United States Supreme Court 
 Reports, Condensed (Continuation of Curties). 
 
 Mill. Ins. Miller's Elements of the Law of Insur- 
 ances. 
 
 Min. La. Miller's Reports, vols. 1-5 Louisiana. 
 
 Mill, Log. Mill's Logic. 
 
 Mill. Md. Miller's Reports, vols. 3-18 Maryland. 
 
 Mill. Op. Miller's Decisions, U. S. Circuit Court 
 (Woolworth's Reports). 
 
 3UII. Part. Miller on Partition. 
 
 Mill, Pol. Ec. Mill's Political Economy. 
 
 Mill. £ C. Bills. Miller and Collier on Bills of 
 Sale. 
 
 Miller. Miller's Reports, vols. 1-5 Louisiana;— 
 Miller's Reports, vols. 3-18 Maryland. 
 
 Mills Em. D. Mills on Eminent Domain. 
 
 Milw. or Milw. Eccl. Milward's Reports, Irish Pre- 
 rogative, Ecclesiastical. 
 
 Min. Minor ;— Minor's Alabama Reports. 
 
 Min. Dig. Minot's Digest, Massachusetts. 
 
 Min. Ev. Minutes of Evidence. 
 
 Min. Inst. Minor's Institutes Statute Law. 
 
 Minn. Minnesota;— Minnesota Reports. 
 
 Minn. Ct. Rep. Minnesota Court Reporter. 
 
 Minn. Law J. Minnesota Law Journal. St. Paul, 
 :\Iina. 
 
 Brief Mak.(3d Ed.)— 3.S 
 
 Minor. Minor's Alabama Reports; — Minor's In- 
 stitutes. 
 
 Minshew. Minshew (John), "The Guide into the 
 Tongues also the Exposition of the Terms of the 
 Laws of this Land." (England.) 
 
 Mir. Jus. Home's Mirror of Justices. 
 
 Mir. Pari. Mirror of Parliament, London. 
 
 Mir. Pat. Off. Mirror of the Patent Office, Wash- 
 ington, D. d. 
 
 Mirch.D.{&8. Mirchall's Doctor and Student. 
 
 Mirr. Home's Mirror of Justices. 
 
 Misc. R. or Miscel. Miscellaneous Reports, New 
 York. 
 
 Miss. Mississippi ; — Mississippi Reports ; — Mis- 
 souri. 
 
 Miss. Dec. Mississippi Decisions, Jackson. 
 
 Miss. St. Ca. or Miss. St. Cas. Mississippi State 
 Cases. 
 
 Mister. Mister's Reports, vols. 17-32 Missouri 
 Appeals. 
 
 Mitch. M. R. Mitchell's Maritime Register, Lon- 
 don. 
 
 Mitf. Eq. PI. Mitford on Equity Pleading. 
 
 Mitf. & Ty. Eq. PI. Mitford and Tyler's Practice 
 and Pleading in Equity. 
 
 M'M-ia. Ch. (S. C). M'Mullan's South Carolina 
 Equity Reports. 
 
 M'Mul. L. (S. C). M'Mullan's South Carolina Law 
 Reports. 
 
 Mo. Missouri; — Missouri Reports; — Moore's Eng- 
 lish King's Bench Reports;— Moore's English Com- 
 mon Pleas Reports ; — Moore's English Privy Council 
 Reports ; — Modern Reports, English ; — English King's 
 Bench, etc., (see Mod.) ; — Monthly; — Moore's Indian 
 Appeal Cases ;— J. B. Moore's Reports, English Com- 
 mon Pleas. 
 
 Mo. App. Missouri Appeal Reports. 
 
 Mo. App. Rep. Missouri Appellate Reporter. 
 
 Mo. Bar. Missouri Bar, Jefferson City. 
 
 Mo. (F.). Sir Francis Moore's English King's 
 Bench Reports. 
 
 Mo. I. A. Moore's Indian Appeals. 
 
 Mo. (J.B.). J. B. Moore's English Common Pleas 
 Reports. 
 
 Mo. Jur. Monthly Jurist, Bloomington, 111. 
 
 Mo. Lav? Mag. Monthly Law Magazine, London. 
 
 Mo. Laiv Rep. Monthly Law Reporter, Boston. 
 
 Mo. Leg. Exam. Monthly Legal Examiner, New 
 York. 
 
 Mo. P. C. Moore's English Privy Council Reports. 
 
 Mo. W. J. Monthly Western Jurist, Bloomington, 
 111. 
 
 PIo. (& P. Moore & Payne's English Common Pleas 
 Reports. 
 
 Mo. tG R. Moody & Robinson's English Nisi Prius 
 Reports. 
 
 Mo. <& S. Moore & Scott's English Common Pleas 
 Reports. 
 
 Moak <£ E7ig. Rep. Moak's English Reports. 
 
 Mob. OT Mohl. Mobley, Contested Election Cases, 
 U. S. House of Representatives, 1SS2-9. 
 
 Mod. Modern Reports, English King's Bench, etc.; 
 —Modified. 
 
 Mod. Cas. L. & Eq. Modem Cases in Law and 
 Equity (8 and 9 Modern Reports). 
 
 Mod. Cas. Modern Cases (6 Modern Reports). 
 
 Mod. Cas. per Far. or t. Holt. Modern Cases tem- 
 pore Holt, by Farresley, vol. 7 Modern Reports. 
 
 Mod. Ent. Modern Entries. 
 
 Mod. Int. Modus Intrandi. 
 
 Mod. Rep. The Modern Reports, English King's 
 Bench, etc. ;— Modern Reports by Style (Style's 
 King's Bench Reports). 
 
 Mol. or Moll. MoUoy's Irish Chancery Reports. 
 
 Mohl. Molyneaux's Reports, English Courts, temp. 
 Car. I. 
 
 Mol. de J. M. or Mol. de Jure Mar. Molloy de Jure 
 Maritimo et Navali. 
 
 Mon. Montana ;— T. B. Monroe's Kentucky Re- 
 ports ;— Ben Monroe's Kentucky Reports ;— Mona- 
 ghan's Unreported Cases Supreme Court of Penn- 
 sylvania. 
 
 Mon. Angl. Monasticon Anglicanum. 
 
 Mon. B. Ben Monroe's Reports, Kentucky. 
 
 Mon.(T.B.). T. B. Monroe's Kentucky Reports. 
 
594 
 
 Appendix. 
 
 (Part VI 
 
 Monagh. or MonagTian. Monaghan's Unreported 
 Cases, S. C. of Pennsylvania : — Monaghan's Reports, 
 vols. 147-165 Pennsylvania. 
 
 Monr. Monroe (see Mon.) ; — T. B. Monroe's Re- 
 ports, Kentucky. 
 
 Mont. Montana ; — Montana Reports ; — Montagu's 
 English Bankruptcy Reports ; — Montriou's Bengal 
 Reports. 
 
 Mont. B. C. or Mont. BanTc. Bep. Montagu's Re- 
 ports, English Bankruptcy. 
 
 Mont. Cas. Montriou's Cases in Hindoo Law. 
 
 Mont. Co. L. B. Montgomery County Law Report- 
 er, Pennsylvania. 
 
 Mont. Comp. Montagu on the Law of Composi- 
 tion. 
 
 Mont. Cond. Bep. Montreal Condensed Reports. 
 
 Mont. D. & De O. Montagu, Deacon and De Gex's 
 Reports, English Bankruptcy. 
 
 Mont. Dig. or Mont. Eq. PI. Montagu's Digest of 
 Pleadings in Equity. 
 
 Mont. Ind. Monthly Index to Reporters (Nation- 
 al Reporter System). 
 
 Mont. Inst. Montriou's Institutes of Jurispru- 
 dence. 
 
 Mont. L, B. Montreal Law Reports, Queen's 
 Bench ;— Montreal Law Reports, Superior Court. 
 
 Mont. L. B. Q. B. Montreal Law Reports, Queen's 
 Bench. 
 
 Mont. L. B. S. C. or Mont. L. Rep. Super. Ct. Mon- 
 treal Law Reports, Superior Court. 
 
 Mont. Set-Off. Montagu on Set-Off. 
 
 Mont. & A. or Mont d Ayr. Montagu and Ayrton's 
 Reports, English Bankruptcy. 
 
 Mont. & B. or Mont. & Bl. Montagu and Bligh'E 
 Reports, English Bankruptcy. 
 
 Mont. <£- C. Montagu and Chltty's Reports, Eng- 
 lish Bankruptcy. 
 
 Mont, d MacA. Montagu & MacArthur's Bnglisl 
 Bankruptcy Reports. 
 
 Montesq. or Montesq. Esprit des Lois. Montesquieu, 
 Esprit des Lois. 
 
 Montg. Co. L. Bep. or Montg. Co, Law Bep'r (Pa, J . 
 Montgomery County Law Reporter. 
 
 Month, J, L. Monthly Journal of Law, Washing- 
 ton. 
 
 Montr. Montriou's Reports, Bengal ; — Montriou'f 
 Supplement to Morton's Reports. 
 
 Montr, L. B, Montreal Law Reports. 
 
 Moo. Francis Moore's English King's Bench Re- 
 ports. When a volume is given, it refers to J. B. 
 Moore's Reports, English Common Pleas ;— J. M. 
 Moore's English Common Pleas Reports ;— Moody's 
 English Crown Cases. 
 
 Moo. A. Moore's Reports, English (1st Bosanquei 
 and Puller's Reports, after page 470). 
 
 Moo. C. C. or Moo. C. Cas. or ilfoo. Cr. C, Moody'E 
 English Crown Cases Reserved. 
 
 Moo. C. P. J. B. Moore's Reports, English Com- 
 mon Pleas. 
 
 Moo, I. App. or Moo. Ind. App. Moore's Reports, 
 English Privy Council, Indian Appeals. 
 
 Moo. J. B. J. B. Moore's Reports, English Com- 
 mon Pleas. 
 
 Moo. K. B, Moore's English King's Bench Re- 
 ports. 
 
 Moo. P. C. or Moo. P, C. Cas, Moore's Privy Council 
 Cases, Old and New Series. 
 
 Moo, P. C. Cas. N. S, Moore's Privy Council Cases, 
 New Series, English. 
 
 Moo, Tr, Moore's Divorce Trials. 
 
 Moo. & M. or ilfoo. & Mai, Moody & Malkin's Eng- 
 lish Nisi Prius Reports. 
 
 ilfoo. & P, or Moo. & Pay. Moore and Payne's Re- 
 ports, English Common Pleas. 
 
 ilfoo. d B. or ilfoo. d Bob. Moody and Robinson's 
 Nisi Prius Cases, English Courts. 
 
 Moo, d Sc. Moore and Scott's Reports, English 
 Common Pleas. 
 
 ilfoort. or Moody. Moody's English Crown Cases, 
 Reserved. 
 
 ilfood. d Malic, Moody & Malkin's English Nisi 
 Prius ReportP. 
 
 Mood, d B. or Mood, d Bob. Moody & Robinson's 
 English Nisi Prius Reports, 
 
 Moody ^ Cr. Cas. Moody's English Crown Cases. 
 
 Moody d M. Moody & Maokin's English Nisi Prius 
 Reports. 
 
 ilfooB. Moon's Reports, vols. 133-144 Indiana and 
 vols. 6-14 Indiana Appeals. 
 
 ilfoore. Moore's English King's Bench Reports ; — 
 Moore's English Common Pleas Reports ; — Moore's 
 English Privy Council Reports ; — Moore's Reports, 
 vols. 28-34 Arkansas ; — Moore's Reports, vol. 67 Ala- 
 bama : — Moore's Reports, vols. 22-24 Texas. , 
 
 ilfooT-e (A.). A. Moore's Reports in 1 Bosanquet 
 & Puller, after page 470. 
 
 Moore (Ark.). Moore's Reports, Arkansas. 
 
 Moore C, P. Moore's English Common Pleas Re- 
 ports. 
 
 ilf oore E. I. Moore's East Indian Appeals. 
 
 ilfooVe G. C. Moore's Gorham Case (English Privy 
 Council). 
 
 Moore K, B. Sir F. Moore's English King's Bench 
 Reports. 
 
 ilf oore P, C, Moore's English Privy Council Re- 
 ports. 
 
 Moore P, C, N, S, Moore's English Privy Council 
 Reports, New Series. 
 
 Jfoore d P. Moore & Payne's English Common 
 Pleas Reports. 
 
 Moore d S, Moore & Scott's English Common 
 Pleas Reports. 
 
 ilfooj-e d W. or ilf oore d Walker. Moore and Walk- 
 er's Reports, Texas, vols. 22-24. 
 
 ilfor. Morison's Dictionary of Decisions in the 
 Court of Session, Scotland: — Morris (see Morr.). 
 
 Jfor. Die. or ilf or. Diet. Dec. Morison's Dictionary 
 of Decisions, Scotch Court of Session. 
 
 ilfor. Dig. Morley's Digest of the Indian Reports. 
 
 ilfor. la. Morris' Iowa Reports. 
 
 ilfor. Min. Bep. Morrison's Mining Reports. 
 
 ilfor. Priv. Corp. Morawetz on Private Corpora- 
 tions. 
 
 ilfor. St. Cas, Morris' Mississippi State Cases. 
 
 ilfor. Supp, Supplement to Morison's Dictionary, 
 Scotch Court of Session. 
 
 ilfor. Syn. Morison's Synopsis, Scotch Session 
 Cases. 
 
 ilfor. Tran, Morrison's Transcript of United States 
 Supreme Court Decisions. 
 
 ilfore St, More's Notes on Stair's Institutes, Scot- 
 land. 
 
 Morg, Ch, A, d O, Morgan's Chancery Acts and 
 Orders. 
 
 ilforp. d W, L, J. Morgan and Williams's Law 
 Journal, London. 
 
 ilforJ. Dig, Morley's East Indian Digest. 
 
 ilforr. Morris's Iowa Reports (see, also, Morris 
 and Mor.) ;— Morrow's Reports, vols. 23-36 Oregon;— 
 Morrell's English Bankruptcy Reports. 
 
 ilforr. (Bomb,), Morris's Reports, Bombay. 
 
 ilforr. (Cal,). Morris's Reports, California. 
 
 Morr. Jam. (Jamaica). Morris's Jamaica Reports. 
 
 ilforr. ilf. B. Morrison's Mining Reports, Chicago. 
 
 ilforr. Cilfiss.;. Morris's Reports, Mississippi. 
 
 Morr. Bepl. Morris on Replevin. 
 
 ilforr. St. Cas. Morris's State Cases, Mississippi. 
 
 ilforr. Trans. Morrison's Transcript, United States 
 Supreme Court Decisions. 
 
 Morrell. Morrell's Bankruptcy Cases. 
 
 Morris. Morris's Iowa Reports ;— Morris's Re- 
 ports, vol. B California ;— Morris's Reports, vols. 43- 
 48 Mississippi ;— Morris's Jamaica Reports ;— Mor- 
 ris's Bombay Reports;— Morrissett's Reports, vols. 
 80, 98 Alabama. 
 
 ilforris d Har. Morris and Harrington's Sudder 
 Dewanny Adawlut Reports, Bombay. 
 
 ilforse Arb,, d Aw. Morse on Arbitration and 
 Award. 
 
 ilforse Bk. Morse on Banks and Banking. 
 
 ilforse Exch. Bep. Morse's Exchequer Reports, 
 Canada. 
 
 ilfo)-se Tr. Morse's Famous Trials, Boston. 
 
 ilfort. or Morton. Morton's Reports, Bengal. 
 
 ilfos. Mosley's Reports, English Chancery. 
 
 ilfos. ilf an. Moses on Mandamus. 
 
 ilfOMi*. Ch. or Moult. Ch. P. (2f. Y.J. Moulton's New 
 York Chancery Practice, 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 595 
 
 Moy. Ent. Moyle's Book of Entries. 
 
 Mos:. & W. or Mozley & Whiteley. Mozley & "White- 
 ley's Law Dictionary. 
 
 MS. Manuscript, Manuscript Reports. 
 
 Mu, Corp. Ca. Withrow's Corporation Cases, vol. 2. 
 
 Mulford, Nation. Multord, The Nation. 
 
 Mu7n. Jam. Mumford's Jamaica Reports. 
 
 Mu-mf. (Jamaica) . Mumford's Jamaica Reports. 
 
 Mun. Municipal ;— Munford's Virginia Reports. 
 
 Munf. Munford's Reports, Virginia. 
 
 Munic. £ P. L. Municipal and Parish Law Cases, 
 English. 
 
 Mur. Murphey's North Carolina Reports {—Mur- 
 ray's Scotch Jury Court Reports ; — Murray's Ceylon 
 Reports ;— Murray's New South Wales Reports. 
 
 Mur. U. S. Ct. Murray's Proceedings in the United 
 States Courts. 
 
 Mur. & H. or Mur. t& Hurl. Murphy and Hurl- 
 stone's Reports, English Exchequer. 
 
 Murph. Murphy's Reports, North Carolina. 
 
 Murr. Murray's Scotch Jury Trials ; — Murray's 
 Ceylon Reports ;— Murray's New South "Wales Re- 
 ports. 
 
 Murr. Over. Cas. Murray's Overruled Cases. 
 
 Murray. Murray's Scotch Jury Court Reports. 
 
 Murray (Ceylon). Murray's Ceylon Reports. 
 
 Murray (New South Wales). Murray's New South 
 "Wales Reports. 
 
 Mut. 01 Mutukisna (Ceylon). Mutukisna's Ceylon 
 Reports. • 
 
 Myer Dig. Myer's Texas Digest. 
 
 Myer Fed. Dec. or Myers Fed. Dec. Myer's Fed- 
 eral Decisions. 
 
 Myl. & C. or Myl. & Cr. Mylne & Craig's English 
 Chancery Reports. 
 
 Myl. & K. or Mylne & K. Mylne & Keen's English 
 Chancery Reports. 
 
 Myr. or Myr. Proi. or Myrich (Cal.). Myrick's 
 California Probate Court Reports. 
 
 N. Nebraska ;— fNevada ;— ^Northeastern Reporter 
 (properly cited N. B.) ;— Northwestern Reporter 
 (properly cited N. "W.) ;— The Novels or New ^Con- 
 stitutions. 
 
 N. A. Non allocatur. 
 
 N. B. New Brunswick Reports ; — Nulla bona. 
 
 N. B. Eq. Ca. New Brunswick Equity Cases. 
 
 N. B. Eq. Rep. New Brunswick Equity Reports. 
 
 N. B. N. B. National Bankruptcy News and Re- 
 ports. 
 
 .N". B. B. National Bankruptcy Register, New 
 York; — New Brunswick Reports. 
 
 N. B. Bep. New Brunswick Reports. 
 
 N. B. V. Ad. New Brunswick Vice Admiralty Re- 
 ports. 
 
 N. Benl. New Benloe's Reports, English King's 
 Bench, Edition of 1661. 
 
 N.C. North Carolina ;— North Carolina Reports; 
 —Notes of Cases (English, Ecclesiastical, and Mari- 
 time); — New Cases (Bingham's New Cases). 
 
 N. C. C. New Chancery Cases (Younge & CoUyer). 
 
 N. C. Conf. North Carolina Conference Reports. 
 
 N. C. Ecc. Notes of Cases, English Ecclesiastical 
 and Maritime Courts. 
 
 N. C. L. Bep. North Carolina Law Repository. 
 
 N. C. Law Bepos. North Carolina Law Reposi- 
 tory. 
 
 N. C. Str. Notes of Cases, by Strange, Madras. 
 
 N. C. T. Bep. or N. C. Term B. North Carolina 
 Term Reports. 
 
 N. Car. North Carolina ;— North Carolina Reports. 
 
 N. Chip, or N. Chip. (Vt.). N. Chipman's Vermont 
 Reports. 
 
 N. D. North Dakota ;— North Dakota Reports. 
 
 N.E. New England; — New edition; — Northeastern 
 Reporter. 
 
 N. E. I. Non est Inventus. 
 
 N. E. B. Northeastern Reporter (commonly cited 
 N. E.) ;— New England Reporter. 
 
 N. E. Bep. Northeastern Reporter. 
 
 N. Eng. Bep. New England Reporter. 
 
 N.F. Newfoundland;— Newfoundland Reports. 
 
 N. B. New Hampshire ;— New Hampshire Reports. 
 
 N. H. B. New Hampshire Reports. 
 
 N. H. & C. English Railway and Canal Cases, by 
 Nlcholl, Hare, Carrow, etc 
 
 N . J . New Jersey ; — New Jersey Reports. 
 
 N. J. Ch. or N. J. Eq. New Jersey Equity Reports. 
 
 N. J. L. J. New Jersey Law Journal, Somerville, 
 N. J. 
 
 N. J. Law. New Jersey Law Reports. 
 
 N. L. Nelson's Lutwyche, English Common Pleas 
 Reports. 
 
 N. L. L. New Library of Law and Equity, Eng- 
 lish; — New Library of Law, etc., Harrisburg, Pa. 
 
 N. M. New Mexico; — New Mexico Reports. 
 
 N. M. St. Bar Ass'n, New Mexico State Bar As- 
 sociation. 
 
 N. Mag. Ca. New Magistrates' Cases. 
 
 N. Mex. New Mexico Territorial Courts. 
 
 N. of Cas. Notes of Cases, English Ecclesiastical 
 and Maritime Courts ; — Notes of Cases at Madras 
 (by Strange). 
 
 N. of Cas. Madras. Notes of Cases at Madras (by 
 Strange). 
 
 N. P. Nisi Prius. Notary Public. Nova PJacita. 
 New Practice. 
 
 N. P. C. Nisi Prius Cases. 
 
 N. P. B. Nisi Prius Reports. 
 
 N. B. New Reports (English, 1862-1865) ;— Bosan- 
 quet & Puller's New Reports;— Not Reported. 
 
 N. B. B. P. New Reports of Bosanquet & Puller. 
 
 N. S. New Series;- Nova Scotia;— Nova Scotia 
 Reports. 
 
 N. S. Dec. Nova Scotia Decisions. 
 
 N. S. L. B. Nova Scotia Law Reports. 
 
 N. S. B. Nova Scotia Reports. 
 
 N. S. W. New South Wales Reports, Old and New 
 Series. 
 
 N. S. W. Eq. Bep. New South Wales Equity Re 
 ports. 
 
 N. S. W. L. B. New South Wales Law Reports. 
 
 N. Sc. Dec. Nova Scotia Decisions. 
 
 N. T. Bepts. New Term Reports, Q. B. 
 
 N. W. Law Bev. Northwestern Law Review, Chi- 
 cago, 111. 
 
 N. W. P. North West Provinces Reports, India. 
 
 N. W. B. or N. W. Bep. or N. W. Beptr. Northwest- 
 ern Reporter. 
 
 N. W. T. or N. W. T. Bep. Northwest Territories 
 Reports, Canada. 
 
 N. Y. New York;— New York Court of Appeals 
 Reports. 
 
 N. Y. Ann. Ca. New York Annotated Cases. 
 
 N. Y. App. Dec. New York Court of Appeals De- 
 cisions. 
 
 N. Y. Cas. Err. New York Cases In Error (Caines's 
 Cases). 
 
 N. Y. Ch. Sent. New York Chancery Sentinel. 
 
 N. Y. City H. Rec. New York City Hall Recorder. 
 
 N. Y. Civ. Pr. Rep. New York Civil Procedure Re- 
 ports. 
 
 N. Y. Code Report, or N. Y. Code Bept. New York 
 Code Reporter. 
 
 N. Y. Code Reports, N. S. or N. Y. Code Bepts. N. 
 S. New York Code Reports, New Series. 
 
 N. Y. Cond. New York Condensed Reports. 
 
 N. Y. Cr. New York Criminal Reports. 
 
 N. Y. Cr. B. or N. Y. Cr. Bep. New York Criminal 
 Reports. 
 
 N. Y. Ct. App. New York Court of Appeals. 
 
 N. Y. Daily L. Gaz. New York Dally Law Gazette. 
 
 N. Y. El. Cas. or N. Y. Elec. Cas. New York Con- 
 tested Election Cases. 
 
 N. Y. Jud. Bep. New York Judicial Repository, 
 New York (Bacon's). 
 
 N. Y. Jur. New York Jurist. 
 
 2V". Y. L. J. New York Law Journal, New York 
 City. 
 
 N. Y. Law Oan. New York Law Gazette, New 
 York City. 
 
 N. Y. Law Bev. New York Law Review, Ithaca, 
 N. Y. 
 
 N. Y. Leg. N. New York Legal News. 
 
 N. Y. Leg. Obs. New York Legal Observer, New 
 York City (Owen's). 
 
 N. Y. Leg. Beg. New York Legal Register, New 
 York City. 
 
 N. Y. Miso. New York Miscellaneous Reports. 
 
 2V". y. Mo. L. R. New York Monthly Law Reports. 
 
 N. Y. Mo. Law Bull. New York Monthly Law Bul- 
 letin, New York City. 
 
596 
 
 Appendix. 
 
 (Part VI 
 
 N. Y. Mun. Gaz. New York Municipal Gazette, 
 New York City. 
 
 N. Y. Op. Att.-Gen. Sickels's Opinions of the At- 
 torney-General of New York. 
 
 JV. Y. P. R. New York Practice Reports. 
 
 N. Y. Pr. Rep. New York Practice Reports. 
 
 N. Y. Rec. New York Record. 
 
 N. Y. Reg. New York Daily Register, New York 
 City. 
 
 N. Y. Rep. New York Court of Appeals Reports. 
 
 N. Y. Reptr. New York Reporter (Gardenier's). 
 
 N.Y.S. New, York Supplement; — New York State; 
 —New York State Reporter. 
 
 N. Y. Spec. Term R. Ploward's Practice Reports. 
 
 N. Y. St. Rep. New York State Reporter, 1886-1896. 
 
 N. Y. Siijy. New York Supreme Court Reports ; — 
 New York Supplement, St. Paul, Minnesota. 
 
 N.Y. Sup. Ct. or N.Y. Super. Ct. New York Supe- 
 rior Court Reports. 
 
 N. Y. Supp. New York Supplement. 
 
 N. Y. Supr. or N. Y. Supr. Ct. Repts. New York Su- 
 preme Court Reports. 
 
 N. Y. Supr. Ct. Repts. (T.dC). New York Su- 
 preme Court Reports, by Thompson and Cook. 
 
 N, Y. T. R. or N. Y. Term R. New York Term Re- 
 ports (Caines's Reports). 
 
 N. Y. Them. New York Themis, New York City. 
 
 N, Y. Trans. New York Transcript, New York 
 City. 
 
 N. Y. Trans. N. 8. New York Transcript, New Se- 
 ries, New York City. 
 
 N. Y. Week. Dig. New York Weekly Digest, New 
 ^ork City. 
 
 N. Z. New Zealand; — New Zealand Reports. 
 
 N. 2i. App. Rep. New Zealand Appeal Reports. 
 
 N. Z. Col. L. J. New Zealand Colonial Law Jour- 
 nal. 
 
 N. Z. Jur. t^enfj Zealand Jurist, Dunedin, N. Z. 
 
 N. Z. Jur. N. 8. New Zealand Jurist, New Series. 
 
 JV. Z. Rep. New Zealand Reports, Court of Ap- 
 peals. 
 
 N. & H. Nott and Huntington's Reports, U. S. 
 Court of Claims Reports, vols. 1-7. 
 
 N. d Hop. Nott and Plopkins's Reports, U. S. 
 Court of Claims Reports, vols. 8-29. 
 
 N. & M. Neville and Manning's Reports, English 
 King's Bench. 
 
 N. d M. Mag. Nevile & Manning's English Mag- 
 istrates' Cases. 
 
 N. 6: Me. otN. dMcC. Nott & McCord's South Car- 
 olina Reports. 
 
 A'". cC- P. Nevile & Perry's English King's Bench 
 Reports. 
 
 N. & P. Mag. Nevile & Perry's English Magis- 
 trates' Cases. 
 
 'Nal. St. P. Nalton's Collection of State Papers. 
 
 Nam. Dr. Com. Namur's Cour de Droit Commer- 
 cial. 
 
 Nap. Napier. 
 
 Napt. or Napton. Napton's Reports, vol. 4 Mis- 
 souri. 
 
 Narr. Mod. Narrationes Modernae, or Style's 
 King's Bench Reports. 
 
 Nas. Inst. Nasmith's Institutes of English Law. 
 
 Nat. B. C. or Nat. Bk. Cas. National Bank Cases, 
 A.merican. 
 
 Nat. B. R. or Nat. Bank. Reg. National Bankruptcy 
 Register Reports. 
 
 Nat. Brev. Natura Brevium. 
 
 Nat. Corp. Rep. National Corporation Reporter, 
 Chicago. 
 
 Nat. L. Rec. National Law Record. 
 
 Nat. L. Rep. National Law Reporter. 
 
 Nat. L. Rev. National Law Review, Philadelphia. 
 
 Nat. Reg. National Register, Edited by Mead, 1816. 
 
 Nat. Rept. Syst. National Reporter System. 
 
 Nat. Rev. National Review, London. 
 
 Nd. Newfoundland Reports. 
 
 Neal F. (& F. Neal's Feasts and Pasts. 
 
 Nel). Nebraska ; — Nebraska Reports. 
 
 Neg. Cas. Bloomfield's Manumission or Negro 
 Cases, New Jersey. 
 
 Nel. Nelson's English Chancery Reports. 
 
 Nell (Ceylon). Nell's Ceylon Reports. 
 
 Nets. Nelson's Reports, English Chancery, 
 
 Nels. ATjr. Nelson's Abridgment of the Common 
 Law. 
 
 Nels. Fol. Rep. Reports temp. Pinch, Edited by 
 Nelson. 
 Nels. Lex Maner. Nelson's Lex Maneriorum. 
 Nels.. Rights Cler. Nelson's Rights of the Clergy. 
 Nem. con. Nemine contradicente. 
 Ncm. dis. Nemine dissentiente. 
 Nev. Nevada ; — Nevada Reports. 
 Nev. d M. or Nev. & Man. Nevile & Manning's 
 English King's Bench Reports. 
 
 Nev. d M. M. Cas. Neville and Manning's Magis- 
 trate Cases, English. 
 
 Nev. & M. R. & G. Cas. Neville and McNamara's 
 Railway and Canal Cases. 
 
 Nev. & Mac. or Nev. <£ Macn. Neville & Macnam- 
 ara's English Railway and Canal Cases. 
 
 Nev. <£ Man. Mag. Cas. Nevile & Manning's Eng- 
 lish Magistrate's Cases. 
 
 Nev. ct P. Nevile & Perry's English King's Bench 
 Reports. 
 
 Nev. d P. M. Gas. or Nev. d P. Mag. Cas. Neville 
 and Perry's Magistrate Cases, English. 
 
 Neiv. Newell, Illinois Appeal Reports. 
 
 Neio Ann. Reg. New Annual Register, London. 
 
 New B. Eq. Ca. New Brunswick Equity Cases. 
 
 New B. Eq. Rep. New Brunswick Equity Reports, 
 vol. 1. 
 
 New Benl. New Benloe's Reports, English King's 
 Bench, Edition of 1661. 
 
 Neiv Br. New Brunswick Reports. 
 
 New Cas. New Cases (Bingham's New Cases). 
 
 New Cas. Eq. New Cases in Equity, vols. 8, 9 
 Modern Reports. 
 
 Neto Eng. Hist. New England Historical and 
 Genealogical Register. 
 
 New M. Cas. or New Mag. Cas. New Magistrate 
 Cases, English Courts (Bittleston, Wise & Parnell). 
 
 Neto Nat. Brev. New Natura Brevium. 
 
 New Pr. Cas. or New Pr. Cases. New Practice Cas- 
 es, English Courts. 
 
 New Rep. New Reports in all the Courts, London ; 
 — Bosanquet & Puller's New Reports, vols. 4, 5 Bo- 
 sanquet & Puller. 
 
 Neio Sess. Cas. Carrow, Hamerton and. Allen's 
 Reports, English Courts. 
 
 New So. W. New South Wales. 
 
 New Term Rep. New Term Reports ;— Dowling & 
 Ryland's King's Bench Reports. 
 
 New York. See N. Y. 
 
 New York Supp. New York Supplement. 
 
 Newh. or Newly. Adm. Newberry's United States 
 District Court, Admiralty Reports. 
 
 Newbyth. Newbyth's Manuscript Decisions, Scotch 
 Session Cases. 
 
 Neiuell. Newell's Reports, vols. 48-90 Illinois Ap- 
 peals, 
 
 Newf. Newfoundland Reports. 
 
 Newf. Sel. Cas. Newfoundland Select Cases. 
 
 Newl. Contr. Newland on Contracts. 
 
 Newm. Conv. Newman on Conveyancing. 
 
 Nich. Adult. Bast. Nicholas on Adulterine Bas- 
 tardy. 
 
 Nich.H.dC.orNicholl. Nicholl, Hare and Car- 
 row's English Railway and Canal Cases, vols. 1-2. 
 
 Nicholson. Nicholson's Manuscript Decisions, 
 Scotch Session Cases. 
 
 Nlehh. Hist. Rom-. Niebuhr, Roman History. 
 
 Nient Cul. Nient culpable, Not guilty. 
 
 Nil. Reg. or Niles Reg. Niles's Weekly Register,. 
 Baltimore. 
 
 Nisbct. (Nisbet of) Dirleton's Scotch Session 
 Cases. 
 
 Nix. F. Nixon's Forms. 
 
 No. Ca. Ecc. d Mar. or No. Cas. Ecc. d M. Notes 
 of Cases in the English Ecclesiastical and Maritime 
 Courts. 
 
 No. East. Rep. Northeastern Reporter (commonly 
 cited N. E.). 
 
 No. N. NovaB Narrationes. 
 
 No. West. Rep. Northwestern Reporter (commonly 
 cited N. W.). 
 
 Nol. M. Cas. or Nol. Mag. or Nol. Just, or Nol. 
 Sett. Cas. Nolan's English Magi-^trates' Cases. 
 
 Nol. Sett. Nolan's Settlement Cases. 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 597 
 
 Non. Cul. Non culpabilis, Not guilty. 
 
 Nor. Fr. Norman French. 
 
 Nor. L. C. Inh. Norton's Leading Cases on Inher- 
 itance, India. 
 
 Norc. Norcross's Reports, vols. 23-24 Nevada. 
 
 Norr. Norris's Reports, vols. 82-96 Pennsylvania. 
 
 Norr. PeaJce. Norris's Peake's Law of Evidence. 
 
 North. Northington's Reports, English Chancery, 
 Eden's Reports. 
 
 North. Co. Rep. Northampton County Reporter, 
 Pennsylvania. 
 
 North W. L. J. Northwestern Law Journal. 
 
 North tC- G. North & Guthrie's Reports, vols. 68-80 
 Missouri Appeals. 
 
 Northam. Northampton Law Reporter, Pennsyl- 
 vania. 
 
 Northum. Northumberland County Legal News, 
 Pennsylvania. 
 
 Northw. Pr. Northwest Provinces, India. 
 
 Northio. Rep. or Noj'thwest. Rep. Northwestern Re- 
 porter (commonly cited N. "W.)- 
 
 Not. Cas. Notes of Cases in the English Ecclesi- 
 ■astical and Maritime Courts ;— Notes of Cases at 
 Madras (Strangej. 
 
 Not. Cas. Ecc. d M. Notes of Cases in the English 
 Ecclesiastical and Maritime Courts. 
 
 Not. Gas. Madras. Notes of Cases at Madras 
 (Strange). 
 
 Not. Dec. Notes of Decisions (Martin's North 
 Carolina Reports). 
 
 Not. J. Notaries Journal. 
 
 Not. Op. Wilmot's Notes of Opinions and Judg- 
 ments. , 
 
 Notes of Ga. Notes of Cases, English. 
 
 Notes on U. S. Notes on United States Reports. 
 
 Nott Mech. L. L. Nott on the Mechanics' Lien 
 Law. 
 
 Nott <§: H. Nott and Huntington's Reports, TJ. S. 
 Court of Claims Reports, vols. 1-17. 
 
 Nott d Hop. Nott &. Hopkins's United States Court 
 of Claims Reports, vols. 8-29. 
 
 Nott & Hunt. Nott & Huntington's Reports, vols. 
 1-7 United States Court of Claims. 
 
 Nott d McC. Nott & McCord's South Carolina Re- 
 ports. 
 
 Nott S McC. Nott and McCord's Reports, South 
 Carolina. 
 
 Nouv. Den. Denizart Collection de Decisions 
 Nouvelles. 
 
 Nouv. Rev. Nouvelle Revue de Droit Prancais, 
 Paris. 
 
 Nov. Novelise. The Novels, or New Constitutions. 
 
 Nov. Rec. Novisimi Recopilacion de las Leyes de 
 Espana. 
 
 Nov. 8c. Nova Scotia Supreme Court Reports. 
 
 Nov. Sc. Dec. Nova Scotia Decisions. 
 
 Nov. So. L. R. or Nova Scotia L. Rep. Nova Scotia 
 Law Reports. 
 
 Noy. Noy's English King's Bench Reports. 
 
 Noy Max. Noy's Maxims. 
 
 Noyes Char TJ. Noyes on Charitable Uses. 
 
 Nye. Nye's Reports, vols. 18-21 Utah. 
 
 O. Ohio Reports ;— Ontario ;— Ontario Reports ;— 
 Oregon Reports ;— Otto's United States Supreme 
 Court Reports ;— Ordonnance ;— Ohio Reports. Otto's 
 Reports, U. S. Supreme Court Reports, vols. 91-107. 
 
 O. B. Old Bailey ;— Old Benloe ;— Orlando Bridg- 
 mau;— Session Papers of the Old Bailey. 
 
 O. B. S. Old Bailey's Sessions Papers. 
 
 O. B. d F. N. Z. OlUvier, Bell & Fitzgerald's New 
 Zealand Reports. 
 
 O. Ben. or O. Benl. Old Benloe's Reports, English 
 Common Pleas (Benloe, of Benloe and Dalison, 
 Edition of 1689). 
 
 O. Bridg. Orlando Bridgman's English Common 
 Pleas Reports ;— Carter's Reports, tempore Bridg- 
 man's English Common Pleas. 
 
 O'Brien M. L. O'Brien's Military Law. 
 
 0. C. Orphans' Court ;— Old Code (Louisiana Civ- 
 il Code of 1808). 
 
 O. C. C. Ohio Circuit Court Reports. 
 
 O. C. C. N. S. Ohio Circuit Court Reports, New 
 Series. 
 
 0. C. D. Ohio Circuit Decisions. 
 
 O. D. Ohio Decisions. 
 
 O.D.G.C. Ohio Decisions, Circuit Court (prop- 
 erly cited Ohio Circuit Decisions). 
 
 O. G. Official Gazette, U. S. Patent Office, "Wash- 
 ington, D. C. 
 
 O. J. Act. Ontario Judicature Act. 
 
 O'Mal.dH. O'Malley and Hardcastle's Election 
 Cases. 
 
 O. N. B. Old Natura Brevium. 
 
 O'Neal Neg. L. O'Neal's Negro Law of South 
 Carolina. 
 
 O. R. Ontario Reports. 
 
 O. S. Ohio State Reports ;— Old Series ;— Old Se- 
 ries King's & Queen's Bench Reports, Ontario, (Up- 
 per Canada). 
 
 O. 8. C. D. or O. S.U. Ohio Supreme Court Deci- 
 sions, Unreported Cases. 
 
 O. 8t. Ohio State Reports. 
 
 O. 8. & G. P. Dec, Ohio Superior and Common 
 Pleas Decisions. 
 
 0. d T. Oyer and Terminer. 
 
 O'Brien. O'Brien's Upper Canada Reports. 
 
 O'Gallaghan, New Neth. O'Callaghan's History of 
 New Netherland. 
 
 Oct. 8tr. Octavo Strange, Select Cases on Evi- 
 dence. 
 
 Odeneal. Odeneal's Reports, vols. 9-11 Oregon. 
 
 Off. Br. Offlcina Brevium. 
 
 Off. Ex. or Off. Exec. Wentworth's Office of Execu- 
 tors. 
 
 Off. Gaz. Pat. Off. Official Gazette, U. S. Patent 
 Office, Washington, D. C. 
 
 Off. Min. Officer's Reports, Minnesota. 
 
 Officer, Officer's Reports, vols. 1-9 Minnesota. 
 
 Ogd. or Ogden. Ogden's Reports, vols. 12-15 Lou- 
 isiana. 
 
 Ohio. Ohio; — Ohio Reports. 
 
 Ohio G. C. Ohio Circuit Court Reports. 
 
 Ohio L. J. Ohio Law Journal. 
 
 Ohio Leg. N. Ohio Legal News, Norwalk, Ohio. 
 
 Ohio N. P. Ohio Nisi Prius Reports. 
 
 Ohio Prol). Ohio Probate Court Reports. 
 
 Ohio R. Gond. Ohio Reports, Condensed. 
 
 Ohio St. Ohio State Reports. 
 
 Ohio Sup. d G. P. Dec. Ohio Superior and Com- 
 mon Pleas Decisions. 
 
 O'Keefe Ord. O'Keefe's Orders in Chancery, Ire- 
 land. 
 
 OfcG Mag. Syn. Oke's Magisterial Synopsis. 
 
 Okla. Oklahoma Territorial Reports. 
 
 01. Con. Oliver's Conveyancing. 
 01. Prec. Oliver's Precedents. 
 
 Die. or Olc. Adm. Olcott's Admiralty Reports, U. 
 S. So. Dist. of N. Y. 
 
 Old Ben. Benloe in Benloe & Dalison, English 
 Common Pleas Reports. 
 
 OUlNat. Brev. Old Natura Brevium. 
 
 Oliph. Oliphant on Law of Horses. 
 
 Ohlr. Oldright's Reports, Nova Scotia. 
 
 Oliv. B. d L. Oliver, Beavan and Lefroy's Reports, 
 English Railway and Canal Cases, vols. 5-7. 
 
 Oil. B. d F. or on. B. d Fitz. (New Zealand) . 0111- 
 vier. Bell and Fitzgerald's New Zealand Reports. 
 
 OU. Bell dFitz. Sup. Ollivier, Bell and Fitzger- 
 ald (Supreme Ct. N. Z.). 
 
 O'Mal. d H. O'Malley & Hardcastle's English 
 Election Cases. 
 
 Onsl. N. P. Onslow's Nisi Prius. 
 
 Ont. Ontario ;— Ontario Reports. 
 
 Ont. App. R. or Ont. App. Rep. Ontario Appeal Re- 
 ports, Canada. 
 
 Ont. El. Ga. Ontario Election Cases. 
 
 07it. P. R. or Ont. Pr. or Ont. Pr. Rep. Ontario 
 Practice Reports. 
 
 Op. Att. Ocn. Opinions of the Attorneys General 
 of the United States. 
 
 Op. Att. -Gen. N. Y. Opinions of the Attorney-Gen- 
 erals, New York (Sickels's Compilation). 
 
 Op. Att. -Gen. (U. S.). Opinions of the Attorney- 
 Generals, United States. 
 
 Op. N. Y. Atty. Gen. Sickels's Opinions of Attor- 
 neys-General of New York. 
 
 Or. Oregon;— Oregon Reports. 
 
 Or. T. Rep. Orleans Term Reports, vols. 1, 2 Mar- 
 tin, Louisiana. 
 
 Ord. Ord on Usury. 
 
 Ord. Amst. Ordinance of Amsterdam. 
 
598 
 
 Appendix. 
 
 (Part VI 
 
 Ord. Ant. Ordinance of Antwerp. 
 
 Ord. Bilb. Ordinance of Bilboa. 
 
 Ord. Ch. Orders in Cliancery. 
 
 Ord. Gla. Lord Clarendon's Orders. 
 
 Ord. Copenh. Ordinance of Copenhagen. 
 
 Ord. Ct. Orders of Court. 
 
 Ord. de la Mar. or Ord. Mar. Ordonnance de la Ma- 
 rine de Louis XIV. 
 
 Ord. Flor. Ordinances of Florence, 
 
 Ord. Gen. Ordinance of Genoa. 
 
 Ord. Hamb. Ordinance of Hamburg. 
 
 Ord. Konigs. Ordinance of Konigsberg. 
 
 Ord. Leg. Ordinances of Leghorn. 
 
 Ord. Port. Ordinances of Portugal. 
 
 Ord. Prus. Ordinances of Prussia. 
 
 Ord. Rott. Ordinances of Rotterdam, 
 
 Ord. Swed., Ordinances of Sweden. 
 
 Ord V. Ord on the Law of Usury. 
 
 Ordr. Jud. Ins. Ordronaux on Judicial Aspects of 
 Insanity. 
 
 Ordr. Med. Jur. Ordronaux's Medical Jurispru- 
 dence. 
 
 Oreg. Oregon;— Oregon Reports. 
 
 Orf. M. L. Orflla's Medecine Legale. 
 
 Orl. Bridg. or Orl. Bridgtnan. Orlando Bridgman's 
 Reports, English Common Pleas. 
 
 Orl. T. R. Orleans Term Reports, vols. 1 and 2, 
 Martin's Reports, Louisiana. 
 
 Orm. or Ormond. Ormond's Reports, vols. 12-15 
 Alabama. 
 
 Ort. Inst. Ortolan's Institutes of Justinian. 
 
 Ort. R. L. Ortolan's History of Roman Law. 
 
 Ot. or Otto. Otto's United States Supreme Court 
 Reports. 
 
 Ought. Oughton's Ordo Judiciorum. 
 
 Out. Outerbridge's Reports, vols. 97-110 Penn- 
 sylvania State. 
 
 Over, or Overton. Overton's Tennessee Reports. 
 
 Ow. or Owen. Owen's English King's Bench and 
 Common Pleas Reports ;— New South Wales Re- 
 ports. 
 
 Oxley Young's Vice-Admiralty Decisions, Nova 
 Scotia, edited by Oxley. 
 
 P. Easter (Paschal) Term ;— Pennsylvania ;— Pe- 
 ters ;— Pickering's Massachusetts Reports ;— Probate; 
 . — Pacific Reporter. 
 
 P. ISOl, or 1S91 P. English Law Reports, Probate 
 Division, from 1891 onward. 
 
 P. A. D. Peters's Admiralty Decisions. 
 
 P. C. Pleas of the Crown ;— Parliamentary Cases ; 
 ^Practice Cases; — Prize Cases; — Patent Cases; — 
 Privy Council;— Prize Court; — Probate Court;— 
 Precedents in Chancery; — Penal Code;— Political 
 Code; — Procedure Civile. 
 
 P. C. Act. Probate Court Act. 
 
 P. C. App. Privy Council Appeals, English Law 
 Reports. , 
 
 P.C.C. Privy Cases;— Peters's Circuit Court Re- 
 ports. 
 
 P. C. L. J. Pacific Coast Law Journal, San Fran- 
 cisco. 
 
 P. C. R. Parker's Criminal Reports, New York. 
 
 P. C. Rep. Privy Council Reports, English. 
 
 P.Cl.R. Parker's Criminal Reports, New York; 
 — Privy Council Reports. 
 
 P. D. or P. Div. Probate Division, English Law 
 Reports (1876-1890). 
 
 P. E. I. or P. E. I. Rep. Prince Edward Island Re- 
 ports (Haviland's). 
 
 P. F. S. P. F. Smith's Reports, vols. 5I-8I14 Penn- 
 sylvania State. 
 
 P. Jr. & B. Patton, Jr., & Heath's Virginia Re- 
 ports. 
 
 P. L. Pamphlet Laws. Public Laws. Poor Laws. 
 
 P. L. Com. Poor Law Commissioners. 
 
 P. L. J. Pennsylvania Law Journal ;— Pittsburgh 
 Legal Journal, Pa. 
 P. L. B. Pennsylvania Law Record, Philadelphia. 
 
 P. N. P. Peake's English Nisi Prius Cases. 
 P. O. Cas. Perry's Oriental Cases, Bombay. 
 P. O. G. Patent Office Gazette. 
 P. O. R. Patent Office Reports. 
 P. P. Parliamentary Papers. 
 P. P. A. P. Precedents o£ Private Acts of Parlia- 
 ment. 
 
 P. B. Parliamentary Reports;— Pennsylvania Re- 
 ports, by Penrose & Watts ;— Pacific Reporter; — 
 Probate Reports;— Pyke's Reports, Canada. 
 
 P. R. C. P. Practical Register in Common Pleas. 
 
 P. R. Ch. Practical Register in Chancery. 
 
 P. R. U. C. Practice Reports, Upper Canada. 
 
 P. R. i D. Power, Rodwell and Dew's Election 
 Cases, English. 
 
 P. S. C. V. S. Peters's United States Supreme 
 Court Reports. 
 
 P. S. R. Pennsylvania State Reports. 
 
 P. W. or P. Wms. Peere Williams's Reports, Eng- 
 lish Chancery. 
 
 P. d B. Pugsley & Burbridge's Reports, New 
 Brunswick. 
 
 P. & C. Prideaux & Cole's Reports, English 
 Courts, vol. 4 New Session Cases. 
 
 P. <& D. Perry & Davison's English Queen's Bench 
 Reports;— Probate and Divorce. 
 
 P.£E. Patton, Jr., & Heath's Virginia Reports. 
 
 P. d K. Perry & Knapp's English Election Cases. 
 
 P. d M. Philip and Mary ; thus 1 P. & M. signi- 
 fies the first year of the reign of Philip & Mary ; — 
 Pollock and Maitland's History of English Law. 
 
 P. d B. Pigott and Rodwell's Election Cases, Eng- 
 lish. 
 
 P. d W. Penrose and Watt's Pennsylvania Re- 
 ports. 
 
 Pa. Pennsylvania; — Pennsylvania Reports, by 
 Penrose & Watts; — Pennsylvania State Reports; — 
 Paine, United States. 
 
 Pa. Co. Ct. or Pa. Co. Ct. R. Pennsylvania County 
 Court Reports. 
 
 Pa. Dint, or Pa. Dist. R. Pennsylvania District 
 Court Reports. 
 
 Pa. L. G. or Pa. Leg. Gaz. Legal Gazette Reports 
 (Campbell's), Pennsylvania. 
 
 Pa. L. J. Pennsylvania Law Journal Reports 
 (Clark's) ;— Pennsylvania Law Journal, Philadel- 
 phia. 
 
 Pa. L. J. Rep. Pennsylvania Law Journal Reports 
 (Clark's Reports). 
 
 Pa. L. Rec. or Pa. La. Rec. Pennsylvania Law Rec- 
 ord, Philadelphia. 
 
 Pa. Law Jour. Pennsylvania Law Journal, Phila- 
 delphia. 
 
 Pa. Law Jour. Rep. Pennsylvania Law Journal 
 Reports (Clark's). 
 
 Pa. Law Rec. Pennsylvania Law Record, Phila- 
 delphia. 
 
 Pa. Law Ser. Pennsylvania Law Series. 
 
 Pa. N. P. Brlghtly's Nisi Prius Reports, Penn- 
 sylvania. 
 
 Pa. Rep. Pennsylvania Reports. 
 
 Pa. St. Pennsylvania State Reports. 
 
 Pa. St. Tr. Pennsylvania State Trials (Hogan's). 
 
 Pa. Super. Ct. Pennsylvania Superior Court. 
 
 Poc. Pacific Reporter. 
 
 Pac. Coast L. J. Pacific Coast Law Journal, San 
 Francisco. 
 
 Pac. Law Mag. Pacific Law Magazine, San Fran- 
 cisco. 
 
 Pac. Law Reptr. Pacific Law Reporter, San Fran- 
 cisco. 
 
 Pac. R. or Pac. Rep. Pacific Reporter (commonly 
 cited Pac. or P.). 
 
 Page Div. Page on Divorce. 
 
 Pai. Paine's United States Circuit Court Reports; 
 —Paige's New York Chancery Reports. 
 
 Pai. Ch. or Paige Ch. Paige's New York Chancery 
 Reports. 
 
 Paige Cas. Dom. Rel. Paige's Cases in Domestic 
 Relations. 
 
 Paige Cas. Part. Paige's Cases in Partnership. 
 
 Paine or Paine C. C. Paine's United States Cir- 
 cuit Court Reports. 
 
 Pal. Ag. Paley on Agency.' 
 
 Pal. Conv. Paley on Summary Convictions. 
 
 Paley, Prin. d Ag. Paley on Principal and Agent. 
 
 Palgrave. Palgrave's Proceedings in Chancery ;— 
 Palgrave's Rise and Progress of the English Com- 
 monwealth. 
 
 Palm. Palmer's English King's Bench Reports; 
 —Palmer's Reports, vols. 53-60 Vermont. 
 
 Palm. Pr. Lords. Palmer's Practice in the House 
 of Lords. 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 599 
 
 Palm. (Tt.). Palmer's Vermont Reports. 
 
 ,Pamph. Pamphlets. 
 
 Pand. Pandects. 
 
 Papy. Papy's Reports, vols. 5, 6 Florida. 
 
 Par. Paragraph;— Parker's English Exchequer 
 Reports ;— Parsons's Reports, vols. 65-66 New Hamp- 
 shire;— Parker's New York Criminal Reports. 
 
 Par. Dec. Parsons's Decisions, Massachusetts. 
 
 Par. Eq. Cos. Parsons's Select Equity Cases, 
 Pennsylvania. 
 
 Par. W. C. Parish Will Case. 
 
 Par. & Fonb. M. J. Paris and Fonblanque on Med- 
 ical Jurisprudence. 
 
 Pard. or Pard. Droit Commer. Pardessus, Cours de 
 Droit Commercial. 
 
 Pard. Lois Mar. Pardessus's Lois Maritimes. 
 
 Pard. Serv. Pardessus's Traites des Servitudes. 
 
 Pardessus. Pardessus, Cours de Droit Commer- 
 cial: — Pardessus, Lois Maritimes; — Pardessus, 
 Traitfis des Servitudes. 
 
 Park. Parker's New York Criminal Reports ; — 
 Parker's English Exchequer Reports. 
 
 Park. Or. Cas. or Park. Cr. Bep. Parker's Criminal 
 Reports, New York. 
 
 Park. Dig. Parker's California Digest. 
 
 Park Dow. Park on Dower. 
 
 Park. Exch. Parker's English Exchequer Reports. 
 
 Park. Hist. Ch. Parker's History ot Chancery. 
 
 Parkins. Park on Insurance. 
 
 Park. (N.H.). Parker's New Hampshire Reports. 
 
 Park. Pr. Ch. Parker's Practice in Chancery. 
 
 Park. Rev. Cas. Parker's English Exchequer Re- 
 ports (Revenue Cases). 
 
 Park. Sh, Parker on Shipping and Insurance. 
 
 Parker. Parker's English Exchequer Reports; — 
 Parker's New York Criminal Reports ; — Parker's 
 New Hampshire Reports. 
 
 Parker, Cr. Cas. or Parker, Cr. R. (N. Y.). Parker's 
 New York Criminal Reports. 
 
 Pari. Cas. Parliamentary Cases. House o£ Lords. 
 
 Pari. Hist. Parliamentary History. 
 
 Pari. Reg. Parliamentary Register. 
 
 Paroch. Ant. Kennett's Parochial Antiquities. 
 
 Pars. Parsons (see Par.). 
 
 Pars. Ans. Parsons's Answer to the Fifth Part 
 of Coke's Reports. 
 
 Pars. Bills & N. Parsons on Bills and Notes. 
 
 Pars. Cas. Parsons's Select Equity Cases, Penn- 
 sylvania. 
 
 Pars. Com. Parsons's Commentaries on American 
 Law. 
 
 Pars. Con. or Pars. Cont. Parsons on Contracts. 
 
 Pars. Costs. Parsons on Costs. 
 
 Pars. Dec. Parsons's Decisions, Massachusetts. 
 
 Pars. Eq. Cas. Parsons's Select Equity Cases, 
 Pennsylvania. 
 
 Pars. Essays. Parsons's Essays on Legal Topics. 
 
 Pars. Ins. Parsons on Marine Insurance. 
 
 Pars. Law Bus. Parsons's Law of Business. 
 
 Pars. Mar. Ins. Parsons on Marine Insurance. 
 
 Par. Mar. L. or Pars. Mar. Law. Parsons on Marl- 
 time Law. 
 
 Pars. Merc. L. Parsons on Mercantile Law. 
 
 Pars. Notes d B. Parsons on Notes and Bills. 
 
 Pars. Part. Parsons on Partnership. 
 
 Pars. Sh. <& Adm. Parsons on Shipping and Admir- 
 alty. 
 
 Pars. Wills. Parsons on Wills. 
 
 Pas. Terminus Paschee. Easter Term. 
 
 Pasch. Paschal's Reports, Texas. 
 
 Pasch. Ann. Const. Paschal's Annotated Constitu- 
 tion of the TJ. S. 
 
 Paschal. Paschal's Reports, vols. 28-31 Texas and 
 Supplement to vol. 25. 
 
 Pat. Patent ;— Raton's Scotch Appeal Cases ;— Pat- 
 erson's Scotch Appeal Cases ;— Paterson's New South 
 Wales Reports. 
 
 Pat. App. Cas. Paton's Scotch Appeal Cases 
 (Craigie, Stewart & Paton) ;— Paterson's Scotch Ap- 
 peal Cases. 
 
 Pat. Com. or Pat. Comp. Paterson's Compendium 
 o£ English and Scotch Law. 
 
 Pat. Dec. Patent Decisions. 
 
 Pat. H. L. Sc. See Pat. App. Cas, 
 
 Pat. Law Rev. Patent Law Review, Washington, 
 D. C. 
 
 Pat. Off. Gas. Official Gazette, U. S. Patent Office, 
 Washington, D. C. 
 
 Pat. St. Ex. Paterson's Law of Stock Exchange. 
 
 Pat. & H. Patton and Heath's Reports, Virginia. 
 
 Pat. & Mur. Paterson and Murray's Reports, New 
 South Wales. 
 
 Pater. Paterson's Scotch Appeal Cases ;— Pater- 
 son's New South Wales Reports. 
 
 Paters. App. Cas. Paterson's Scotch Appeal Cases. 
 
 Paters. Comp. Paterson's Compendium of English 
 and Scotch Law. 
 
 Paters, St. Ex. Paterson's Law of Stock Exchange. 
 
 Paterson. Paterson's Compendium of English and 
 Scotch Law ; — Paterson on the Game Laws ; — Pater- 
 son's Liberty of the Press ;— Paterson on the Lib- 
 erty of the Subject ;— Paterson's Law and Usages ot 
 the Stock Exchange ;— Paterson's Scotch Appeal 
 Cases. 
 
 Paton. Craigie, Stewart, & Paton's Scotch Appeal 
 Cases. 
 
 Patr. El. Cas. or Patr. Elect. Cas. Patrick's Elec- 
 tion Cases, Upper Canada. 
 
 Patt. & H. or Patton £ H. Patton, Jr., & Heath's 
 Virginia Reports. 
 
 Paul Par. Off. Paul's Parish Officer. 
 
 Paulus. Julius Paulus, Sententise Receptfe. 
 
 Pay. Munc. Rights. Payne on Municipal Rights. 
 
 Pea. Peake's English Nisi Prius Reports. 
 
 Peach. Mar. Sett. Peachey on Marriage Settle- 
 ments. 
 
 Peak. Peake's Nisi Prius Cases, English Courts. 
 
 Peak. Add. Cas. Peake's Additional Cases, Nisi 
 Prius, English. 
 
 Peak. Ev. Peake on Evidence. 
 
 Peak. N. P. Cas. Peake's Nisi Prius Cases, Eng- 
 lish. 
 
 Peake Add. Cas. Peake's Additional Cases, vol. 2 
 of Peake. 
 
 Peake N. P. Peake's English Nisi Prius Cases. 
 
 Pear. Pearson's Reports, Pennsylvania. 
 
 Pearce C, C. Pearce's Reports in Dearsly's Crown 
 Cases. English. 
 
 Pears. Pearson's Reports, Pennsylvania. 
 
 Peck. Peck's Tennessee Reports ;— Peck's Reports, 
 vols. 11-30 Illinois ;— Rockwell's English Election 
 Cases. 
 
 Peck. El. Cas. Peckwell's Election Cases, English. 
 
 Peck. (III.). Peck's Reports, Illinpis Supreme 
 Court (11-38 Illinois). 
 
 Peck Mun. L. Peck's Municipal Laws of Ohio. 
 
 PecS; (Tenn.). Peck's Tennessee Reports. 
 
 Peck Tr'. Peck's Impeachment Trial. 
 
 PecMo. or Peckw. Eng. El. Cas. Peckwell's Engli,sh 
 Election Cases. 
 
 Peeples. Peoples' Reports, vols. 78, 79 Georgia. 
 
 Peeples & Stevens. Peeples & Stevens's Reports, 
 vols. 80-97 Georgia. 
 
 Peere Wms. or Peere Williams. Peere Williams's 
 Reports, English Chancery. 
 
 Pemb. J. & O. Pemberton's Judgments and Orders. 
 
 Pen. Pennington's Reports, New Jersey Law. 
 
 Pen. Code. Penal Code. 
 
 Pen. N. J. Pennington's New Jersey Reports. 
 
 Pen. & W. Penrose & Watts's Pennsylvania Re- 
 ports. 
 
 Penn. Pennsylvania ;— Pennsylvania State Re- 
 ports ;— Pennypaoker's Unreported Pennsylvania 
 Cases ;— Pennington's New Jersey Reports ;— Penne- 
 will's Delaware Reports. 
 
 Penn. Bla. Pennsylvania Blaokstone, by John 
 Reed. 
 
 Penn. Co. Ct. Rep. Pennsylvania County Court Re- 
 ports. 
 
 Penn. Del. Pennewill's Delaware Reports. 
 
 Penn. Dist. Rep. Pennsylvania District Reports. 
 
 Penn. L. (?. Pennsylvania Legal Gazette Reports 
 (Campbell's). 
 
 Penn. L. J. Pennsylvania Law Journal, Philadel- 
 phia. 
 
 Penn. L. J. R. Pennsylvania Law Journal Reports 
 (Clark's). 
 
 Penn. Law Jour. Pennsylvania Law Journal, Penn- 
 sylvania. 
 
600 
 
 Appendix. 
 
 CPart VI 
 
 Penn. Law Jour. Bep. Pennsylvania Law Journal 
 Reports (Clark's). 
 
 Penn. Law Rec. Pennsylvania Law Record, Phila- 
 delphia. 
 
 Penn. Leg. Gas. Pennsylvania Legal Gazette Re- 
 ports (Campbell's). 
 
 Penn. Pr. Pennsylvania Practice, by Troubat and 
 Haly. 
 
 Penn. R. or Penn. Rep. Pennsylvania Reports. 
 
 Penn. St. or Penn. St. R. Pennsylvania State Re- 
 ports. 
 
 Penna. L. R. Pennsylvania Law Record, Philadel- 
 phia. 
 
 Penning. Pennington's Reports, New Jersey. 
 
 Penny. Pennypacker's Unreported Pennsylvania 
 Cases ; — Pennypacker's Pennsylvania Colonial Cases. 
 
 Penr. <£ W. Penrose and Watts's Pennsylvania Re- 
 ports. 
 
 Penrud. Anal. Penruddock's Analysis of the Crim- 
 inal Law. 
 
 Peo. L. Adv. People's Legal Adviser, Utica, N. Y. 
 
 Per. Or. Cas. Perry's Oriental Cases, Bombay. 
 
 Per T. d T. Perry on Trusts and Trustees. 
 
 Per. & Dav. Perry & Davison's English King's 
 Bench Reports. 
 
 Per. <£ K. El. Cas. or Per. d Kn. Perry and Knapp's 
 Election Cases, English. 
 
 Perk. Perkins on Conveyancing ; — Perkins on 
 Pleading ;— Perkins's Profitable Book (Conveyanc- 
 ing). 
 
 Perk. Prof. Bk. Perkins's Profitable Book. 
 
 Perp. Pat. Perpigna on Patents. 
 
 Perry. Sir Erskine Perry's Reports, in Morley's 
 (East) Indian Digest ;— Perry's Oriental Cases, Bom- 
 bay. 
 
 Perry d D. Perry & Davison's English King's 
 Bench Reports. 
 
 Perry d Kn. Perry & Knapp's English Election 
 
 Pet. Peters's United States Supreme Court Re- 
 ports ;— Peters's United States Circuit Court Re- 
 ports ;— Peters's United States District Court Re- 
 ports (Admiralty Decisions) ; — Peters's Prince Ed- 
 ward Island Reports. 
 
 Pet. Ad. or Pet. Adm. Peters's United States Dis- 
 trict Court Reports (Admiralty Decisions). 
 
 Pet. Br. or Pet. Brooke. Petit Brooke or Brooke's 
 New Cases, English King's Bench (Bellewe's Cases 
 temp. Hen. VIII.). 
 
 Pet. C. G. Peters's United States Circuit Court 
 Reports. 
 
 Pet. Cond. Peters's Condensed Reports, United 
 States Supreme Court. 
 
 Pet. Dig. Peters's United States Digest ;—Peti- 
 colas's Texas Digest. 
 
 Pet. S. C. Peters's United States Supreme Court 
 Reports. 
 
 Peters. Peters's Reports, U. S. Supreme Court. 
 
 Peters Adm. Peters's United States District Court 
 Reports (Admiralty Decisions). 
 
 Peters C. C Peters's Reports, U. S. Circuit Court, 
 3d Circuit. 
 
 Petersd. Abr. Petersdorff's Abridgment. 
 
 Petersd. B. Petersdorff on the Law of Bail. 
 
 Petersd. L. of N. PetersdorfE on the Law of Na- 
 tions. 
 
 Petersd. Pr. Petersdorff's Practice. 
 
 Peth. Int. Petheram on Interrogatories. 
 
 Petit Br. Petit Brooke, or Brooke's New Cases, 
 English King's Bench. 
 
 Ph. Phillips' English Chancery Reports ;—Philll- 
 more's English Ecclesiastical Reports (see Phil.). 
 
 Pk. Ch. Phillips's English Chancery Reports. 
 
 Ph. St. Tr. Phillipps's State Trials. 
 
 Phal, C. C. or Phalcn. Phalen's Criminal Cases. 
 
 Phear W. Phear on Rights of Water. 
 
 Pheney Rep. Pheney's New Term Reports. 
 
 Phil. Phillips's English Chancery Reports ;— Phil- 
 lips's North Carolina Reports ;— Phillips's English 
 Election Cases ;— Phillimore's English Ecclesiastical 
 Reports ;— Philadelphia Reports ;— Phillips's Illinois 
 Reports. 
 
 Phil. Ecc. Judg. Phillimore's Ecclesiastical Judg- 
 ments. 
 
 P7iil. Ecc. R. Phillimore's English Ecclesiastical 
 Reports. 
 
 Phil. El. Cas. Phillips's English Election Cases. 
 
 Phil. Eq. Phillips's North Carolina Equity Re- 
 ports. 
 
 Phil. Ev. Phillips on Evidence. 
 
 Phil. Fam. Cas. Phillipps's Famous Cases in Cir- 
 cumstantial Evidence. 
 
 Phil. Ins. Phillips on Insurance. 
 
 Phil. Law or Phil. N, C. Phillips's North Carolina 
 Law Reports. 
 
 Phil. Pat. Phillips on Patents. 
 
 Phil. St. Tr. Phillipps's State Trials. 
 
 Phila. Philadelphia Reports, Common Pleas of 
 Philadelphia County. 
 
 Phila. Law Lib. Philadelphia Law Library. 
 
 Phila. (Pa.). Philadelphia Reports, Common Pleas 
 of Philadelphia County. 
 
 Philippine Co. Philippine Code. 
 
 Phill. Phillimore's Reports, English Ecclesiastical 
 Courts ;— Phillips (see Phil, and Phillips). 
 
 Phill. Copyr. Phillips on Copyright. 
 
 Phill. Cr. L. Phillimore's Study of the Criminal 
 Law. 
 
 Phill. Dom. Phillimore on the Law of Domicil. 
 
 Phill. Eccl. Phillimore on Ecclesiastical Law. 
 
 Phill. Eccl. Judg. Phillimore's Ecclesiastical Judg- 
 ments. 
 
 Phill. El. Cas. Phillips's SJlection Cases. 
 
 Phill. Eq. Phillips's Equity Reports, North Caro- 
 lina. 
 
 Phill. Ev. Phillimore on Evidence ;— Phillips on 
 Evidence. 
 
 Phill. Fam. Cas. Phillipps's Famous Cases in Cir- 
 cumstantial Evidence. 
 
 Phill. Ins. Phillips on Insurance. 
 
 Phill. Insan. Phillips on Insanity. 
 
 Phill. Int. Phillimore on International Law. 
 
 Phill. Jur. Phillimore on Jurisprudence. 
 
 Phill. Law (N. C). Phillips's Law Reports, North 
 Carolina. 
 
 Phill. Mech. Liens. Phillips on Mechanics' Liens. 
 
 Phill. Prin. Jur. Phillimore's Principles and Max- 
 ims of Jurisprudence. 
 
 Phill. Priv. L. Phillimore's Private Law among 
 the Romans. 
 
 Phill. Rom. L. Phillimore's Study and History of 
 the Roman Law. 
 
 Phill. St. Tr. Phillips's State Trials. 
 
 Phillim. Phillimore's English- Ecclesiastical Re- 
 ports. See, also, Phil., Phill. 
 
 Phillim. Dom. Phillimore on the Law of Domicil. 
 
 Phillim. Ecc. Law. Phillimore's Ecclesiastical 
 Law. 
 
 Phillips. Phillips's English Chancery Reports ; — 
 Phillips's North Carolina Reports, Law and Equity; 
 —Phillips's Reports, vols. 152-187 Illinois. 
 
 Pick. Pickering's Reports, Massachusetts. 
 
 Pickle. Pickle's Reports, vols. 85-108 Tennessee. 
 
 Pierce R. R. Pierce on Railroads. 
 
 Pig. Rec. Pigott on Common Recoveries. 
 
 Pig.dR. Pigott and Rodwell's Registration Ap- 
 peal Cases, English. 
 
 Pike. Pike's Reports, vols. 1-5 Arkansas. 
 
 Pin. or Pinn. Pinney's Wisconsin Reports. 
 
 Pist. or Piston. Piston's Reports, Mauritius. 
 
 Pitc. Grim. Tr. Pitcalrn's Ancient Criminal Trials, 
 Scotland. 
 
 Pitc. Tr. Pitcalrn's Ancient Criminal Trials, Scot- 
 land. 
 
 Pitm. Prin. d Sur. Pitman on Principal and 
 Surety. 
 
 Pitm. S. Pitman on Suretyship. 
 
 Pitts. L. J. or Pitts. Leg. Jour. Pittsburg Legal 
 Journal, Pittsburg, Penn. 
 
 Pitts. Rep. or Pitts. Repts. Pittsburgh Reports, 
 Pennsylvania Courts (reprinted from the Journal). 
 
 Pittsl). Leg. J. (O. S.). Pittsburg Legal Journal, 
 Old Series. 
 
 Pittsh.R. (Pa.). Pittsburg Reports, Pennsylvania 
 Courts (reprinted from the Journal). 
 
 PI. Placiti Generalia ;— Plowden's Commentaries 
 or Reports, English King's Bench, etc. 
 
 PI. C. Placita CorouEB (Pleas of the Crown). 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 601 
 
 PI. Com. Plowden's Commentaries or Reports, 
 English King's Bench. 
 
 PI. V. Plowden on Usury. 
 
 Piatt Gov. Piatt on the Law of Covenants. 
 
 Piatt Lease, Piatt on Leases. 
 
 Pleh. Plebiscite. 
 
 Plf. Plaintiff. 
 
 Plow, or Ploivd. or Plowd. Com. Plowden's English 
 King's Bench Commentaries or Reports. 
 
 Plowd. Grim. Con. Tr. Plowden's Crim. Con. Trials. 
 
 Plum. Gontr. Plumptre on Contracts. 
 
 Po. Gt. Police Court. 
 
 Pol. Pollexfen's English King's Bench Reports, 
 etc. ; — Police. 
 
 Pol. Code. Political Code. 
 
 Pol. Gont. Pollock on Contracts. 
 
 Pol. Sci. Quar. Political Science Quarterly. 
 
 Poli. Pollexfen's English King's Bench Reports. 
 
 Poll. C. G. Pr, Pollock's Practice of the County 
 Courts. 
 
 Poll. Contr. Pollock on Contracts. 
 
 Poll. Dig. Part. Pollock's Digest on the Law of 
 Partnership. 
 
 Poll. Doc. Pollox on Production of Documents. 
 
 Poll. Lead. Gas. Pollock's Leading Cases. 
 
 Poll. Part. Pollock on Partnership. 
 
 Poll, a:- Maitl. Pollock & Maitland's History of 
 English Law. 
 
 Pollex. Pollexfen's English King's Bench Re- 
 ports, etc. 
 
 Pols. Int. or Pols. Law of Nat. Poison on Law of 
 Nations. 
 
 Pom. Con. L. or Povi. Const. Law. Pomeroy's Con- 
 stitutional Law of the United States. 
 
 Pom. Contr. Pomeroy on Contracts. 
 
 Pom. Mun. L. Pomeroy's Municipal Law. 
 
 Pomeroy. Pomeroy's Reports, vols. 73-128 Califor- 
 nia. 
 
 Poore Const. Poore's Federal and State Constitu- 
 tions. 
 
 Pop. Popham's English King's Bench Reports. 
 
 Pop. Sci. Mo. Popular Science Monthly. 
 
 Pope. (Pope) Opinions Attorney General, pt. 1, 
 vol. 22. 
 
 Pope C. <& E. Pope on Customs and Excise. 
 
 PopejLun. Pope on Lunacy. 
 
 Poph. Popham's Reports, English King's Bench. 
 
 Poph. (2). Cases at the end of Popham's Reports. 
 
 Port. (Ala.). Porter's Alabama Reports. 
 
 Port. find.). Porter's Reports, Indiana. 
 
 Porter. Porter's Alabama Reports ; — Porter's Re- 
 ports, vols. 3-7 Indiana. 
 
 Posey. Unreported Commissioner Cases, Texas. 
 
 Post. Post's Reports, vols. 23-26 Michigan ;~Post's 
 Reports, vols. 42-64 Missouri. 
 
 Posters Gains Inst. Poste's Translation of Gains. 
 
 Postl. Diet. Postlethwaite's Commercial Diction- 
 ary. 
 
 Pot. Dwar. Potter's Dwarris on Statutes. 
 
 Path. Bail d Rente. Pothier, Traite du Contrat de 
 Bail a Rente. 
 
 Poth. Gont. Pothier on Contracts. 
 
 Potn. Gont. de Change. Pothier, Traits du Con- 
 trat d'e Change. 
 
 Poth. Gont. Sale or Poth. Contr, Sale. Pothier, 
 Treatise on the Contract of Sale. 
 
 Potli. de Change. Pothier, Traite du Contrat de 
 Change. 
 
 Poth. de VUsure. Pothier, Traits de I'Usure. 
 
 Poth. de Societe App. Pothier, Traite du Contrat 
 de Soci§t6. 
 
 Poth. du Depot. Pothier, Traite du D6p6t. 
 
 Poth. CEuv. Pothier's CEuvres. 
 
 Poth. Louage. Pothier, Traite du Contrat de Lou- 
 age. 
 
 Poth. Mar. Cant. Pothier's Treatise on Maritime 
 Contracts. 
 
 Poth. Mar. Louage. Pothier, Trait6 du Contrat de 
 Louage. 
 
 Poth. OU. Pothier, Trait§ des Obligations. 
 
 Poth. Pand. Pothier's Pandects. 
 
 Poth. Part. Pothier on Partnership. 
 
 Path. Proc. Civ. or Poth. Proc, Civil, Pothier, 
 Traits de la Procedure Civile, 
 
 Poth. Proc, Crim. Pothier, Traits de la Procedure 
 Criminale. 
 
 Poth. Soci^t4. Pothier, Traite du Contrat de So- 
 ciete. 
 
 Poth. Traiti de Change, Pothier, Traits du Con- 
 trat de Change. 
 
 Poth. Vente. Pothier, Trait§ du Contrat de Vente. 
 
 Pothier, Fand. Pothier, Pandectae Justin ianeas, etc. 
 
 Potter. Potter's Reports, vols. 4-7 Wyoming. 
 
 Potter Corp. Potter on Corporations. 
 
 Potter's Dioar. St. Potter's Dwarris on Statutes. 
 
 Potts L. D. Potts's Law Dictionary. 
 
 Poio. Am. L. Powell's American Law. 
 
 Pow. Apr. Pr, Powell's Appellate Proceedings. 
 
 Poio. Con. Powell on Contracts. 
 
 Pow. Conv. Powell on Conveyancing. 
 
 Pow. Dev. Powell, Essay upon the Learning of 
 Devises, etc. 
 
 Poio. Ev. Powell on Evidence. 
 
 Pow. Mort, OT Pow. Mortg. Powell on Mortgages. 
 
 Pow. Powers. Powell on Powers. 
 
 Poio. Pr. Powell's Precedents in Conveyancing. 
 
 Pow. R. &D. Power, Rodwell and Dew's Election 
 Cases, English. 
 
 Poyn. M. eg D. Poynter on Marriage and Divorce. 
 
 Pr. Price's English Exchequer Reports ; — Prin- 
 cipium (the beginning of a title, law, or section) ;— 
 Practice Reports (Ontario). 
 
 Pr. G. K. B. Practice Cases in the King's Bench. 
 
 Pr. Ch. Precedents in Chancery, by Finch ; — Prac- 
 tice in the High Court of Chancery. 
 
 Pr. Ct. Prerogative Court. 
 
 Pr. Dec. Printed Decisions (Sneed's), Kentuck5^ 
 
 Pr. Div. Probate Division, Law Reports ;— Prit- 
 chard's Divorce and Matrimonial Cases. 
 
 Pr. Exch. Price's Exchequer Reports, English. 
 
 Pr. Falc. President Falconer's Reports, Scotch 
 Court of Session. 
 
 Pr. L. Private Law or Private Laws. 
 
 Fr. Min. Printed Minutes of Evidence. 
 
 Pr. R. Practice Reports. 
 
 Pr. Reg. B. C. Practical Register In the Bail 
 Court. 
 
 Pr. Reg. C. P. Practical Register in the Common 
 Pleas. 
 
 Pr. Reg. Ch. Practical Register In Chancer^' 
 (Styles's). 
 
 Pr. St. Private Statutes. 
 
 Pr.dDiv. Probate and Divorce, English Law Re- 
 ports. 
 
 Pra. Gas. Prater's Cases on Conflict of Laws. 
 
 Pract. The Practitioner. 
 
 Prat. Gas. Prater's Cases on Conflict of Lav7S. 
 
 Prat. H. & W. Prater on the Law of Husband and 
 Wife. 
 
 Pratt B. S. Pratt on Beneficial Building Societies. 
 
 Pratt C. W. Pratt on Contraband of War. 
 
 Pratt Gont. Gas. Pratt's Contraband-of-War Cases. 
 
 Preb. Dig. Preble Digest, Patent Cases. 
 
 Prec. Ch. Precedents in Chancery. 
 
 Pref. Preface. 
 
 Prel. Prelimiuaire. 
 
 Prer. Prerogative Court. 
 
 Pres. Ahs. Preston on Abstracts. 
 
 Pres. Conv. Preston on Conveyancing. 
 
 Pres. Est. Preston on Estates. 
 
 Pres. Falc. President Falconer's Scotch Session 
 Cases (Gilmour & Falconer). 
 
 Pres. Leg. Preston on Legacies. 
 
 Pres. Merg. Preston on Merger. 
 
 Pi-es. Shep. T. Preston's Sheppard's Touchstone. 
 
 Prest. Co7W. Preston on Conveyancing. 
 
 Prest. Est. Preston on Estates. 
 
 Prest. Merg. Preston on Merger. 
 
 Pri. or Price. Price's Exchequer Reports. 
 
 Price Exch. Price's Reports, Exchequer, English. 
 
 Price Liens. Price on Liens. 
 
 Price Notes P. P. or Price P, P. Price's Notes of 
 Points of Practice, English Exchequer Cases. 
 
 Price R. Est. Price on Acts Relating to Real Es- 
 tate (Pa.). 
 
 Price (£ St. Price and Steuart Trade-mark Cases. 
 
 Prick, or Prickett (Id.). Prickett's Idaho Reports. 
 
 Prid, Chu. Gui. Prideaux's Churchwarden's Guide. 
 
602 
 
 Appendix. 
 
 (Part VI 
 
 Prid. Prec. Prideaux's Precedents in Convey- 
 ancing. 
 
 Prid. & C. Prideaux and Cole's Reports, English, 
 New Sessions Cases, vol. 4. 
 
 Prin. Principium. The beginning of a title or 
 law. 
 
 Prin. Dec. Printed Decisions (Sneed's), Kentucky. 
 
 Prior Lim. Prior on Construction of Limitations. 
 
 Pritch. Ad. Dig. Pritchard's Admiralty Digest. 
 
 Pritch. M. & D, Pritchard on Marriage and Di- 
 vorce. 
 
 Pritch. Quar. Sess. Pritchard, Quarter Sessions. 
 
 Priv. Counc. App. Privy Council Appeals. 
 
 Priv. Lend. Customs or Privileges of London. 
 
 Pro. L. Province Law. 
 
 Pro. qucr. Pro querentem. For the plaintiff. 
 
 [ISgiJ Proi. Law Reports, Probate Division, 
 from 1891 onward. 
 
 Pro6. Code. Probate Code. 
 
 ProJi. Diro. Probate Division, English Law Re- 
 ports. 
 
 Prob. Rep. Probate Reports. 
 
 Proli. Rep. Ann. Probate Reports Annotated. 
 
 Prob. & Adm. Div. Probate and Admiralty Divi- 
 sion, Law Reports. 
 
 Proi. d Div. Probate and Divorce, English Law 
 Reports. 
 
 Pro6. £ Mat. or Pro6. c6 Matr. Probate and Matri- 
 monial Cases. 
 
 Proc. Ch. Proceedings in Chancery. 
 
 Proc. Pr. or Proc. Prac. Proctor's Practice. 
 
 Proff. Corp. Proffatt on Corporations. 
 
 Proff. Jury Tr. Proffatt on Jury Trials. 
 
 Proff. Not. Profflatt on Notaries. 
 
 Proff. Wills. Proffatt on Wills. 
 
 Prop. Lawyer N. S. Property Lawyer, New Series 
 (periodical), England. 
 
 Proud. Dom. Pub. Proudhon's Domaine Public. 
 
 Proudf. Land Deo. (U. S.). Proudflt's "United 
 States Land Decisions. 
 
 Prouty. Prouty's Reports, vols. 61-68 Vermont. 
 
 Prt. Rep. Practice Reports. 
 
 Psych. & M. L. J. Psychological and Medico-Legal 
 Journal, New York. 
 
 Puff. PufEendorf's Law of Nature and Nations. 
 
 Pugs. Pugsley's Reports, New Brunswick. 
 
 Pugs. & Bur. ov Pugs, d Burb. Pugsley and Bur- 
 bridge's Reports, New Brunswick. 
 
 Pull. Accts. Pulling's Law of Mercantile Accounts. 
 
 Pull. Attor. Pulling on the Law of Attorneys. " 
 
 Pull. Laws d Cust. Land. Pulling's Treatise on the 
 Laws, Customs, and Regulations of the City and 
 Port of London. 
 
 Pull. Port of London. Pulling, Treatise on the 
 Laws, Customs, and Regulations of the City and 
 Port of London. 
 
 Puis, or Pulsifer. Pulsif er's Reports, vols. 65-68 
 Maine. 
 
 Pult. Pulton de Pace Regis. 
 
 Pump Ct. Pump Court (London). 
 
 Punj. Rec. Punjab Record. 
 
 Furd. Dig. (Pa. J. Purdon's Digest of Pennsylvania 
 Laws. 
 
 Purd.Dig. (U.S.). Purdon's Digest of United 
 States Laws. 
 
 Puter. PI. Puterbauch's Pleading. 
 
 Pyke. Pyke's Lower Canada King's Bench Re- 
 ports. 
 
 Q. Question; — Quorum; — Quadragesms (Year 
 Books Part IV) ; — Quebec; — Queensland; — Attach. 
 Quoniam Attachiamenta. 
 
 Q. B. Queen's Bench; — Queen's Bench Reports 
 (Adolphus & Ellis, New Series, English) ;^EngIish 
 Law Reports, Queen's Bench (1841-1852) ;— Queen's 
 Bench Reports, Upper Canada; — Queen's Bench Re- 
 ports, Quebec; — English Law Reports, Queen's 
 Bench Division, 1891. 
 
 11891'] Q. B. Law Reports, Queen's Bench Divi- 
 sion, from 1891 onward. 
 
 Q. B. Div. or Q. B. D. Queen's Bench Division, 
 English Law Reports (1876-1890). 
 
 Q. B. R. Queen's Bench Reports, by Adolphus & 
 Ellis (New Series). 
 
 Q. B. V. C. Queen's Bench Reports, Upper Canada. 
 
 Q. C. Queen's Counsel. 
 
 Q. L. B. Quebec Law Reports;— Queensland Law 
 Reports. 
 
 Q. P. R. Quebec Practice Reports. 
 
 Q. R. Official Reports, Province of Quebec. 
 
 Q. R. Q. B. Quebec Queen's Bench Reports. 
 
 Q. S. Quarter Sessions. 
 
 Q. t. Qui tam. 
 
 Q. V. Quod vide; Which see. 
 
 Q. Yict. Statutes of Province of Quebec (Reign 
 of Victoria). 
 
 Q. War. Quo Warranto. 
 
 Qu. L. Jour. Quarterly Law Journal, Richmond, 
 Va. 
 
 Qu. L. Rev. Quarterly Law Review, Richmond, 
 Va. 
 
 Qua. cl. fr. Quare clausum f regit (q. v.). 
 
 Quadr. Quadragesms (Year Books, Part IV). 
 
 Quart. Rev. Quarterly Law Review, Richmond, 
 Virginia. 
 
 Queb. L. R. Quebec Law Reports, two series, 
 Queen's Bench or Superior Court. 
 
 Queb. Q. B. Quebec Queen's Bench Reports. 
 
 Quebec L. Rep. Quebec Law Reports, two series. 
 Queen's Bench or Superior Court. 
 
 Queens. L. J. Queensland Law Journal. 
 
 Queens. L. R. Queensland Law Reports. 
 
 Quin. or Quincy. Quincy's Massachusetts Reports. 
 
 Quinti, Quinto. Year Book, 5 Hen. V. 
 
 Quo War. Quo Warranto. 
 
 R. Resolved. Repealed. Revised. Revision. 
 Rolls ;— King Richard ; thus 1 R. III. signifies the 
 first year of the reign of King Richard III. ;— 
 Rawle's Reports, S. C. of Pennsylvania. 
 
 R. A. Regular Appeals. Registration Appeals. 
 
 Re. Rescriptum ; — Rolls of Court ; — Record Com- 
 missioners ; — Railway Cases ; — Registration Cases ; — 
 Revue Critique, Montreal. 
 
 R.C. &C R. Revenue, Civil and Criminal Re- 
 porter, Calcutta. 
 
 R. G. RegulEe Generales, Ontario. 
 
 R. I. Rhode Island ;— Rhode Island Reports. 
 
 R. J. d P. J. Revenue, Judicial and Police Jour- 
 nal, Calcutta. 
 
 R. L. Roman Law; — Revised Laws; — Revue Le- 
 gale. 
 
 R. L. d S. Ridgeway, Lapp and Schoales's Reports, 
 Irish King's Bench. 
 
 R. L. d W. Roberts, Leaming and Wallis's County 
 Court Reports, English. 
 
 R. M. Ch. or R. M. Charlt. R. M. Charlton's Geor- 
 gia Reports. 
 
 R. P. C. Real Property Cases, English ; — Reports 
 Patent Cases. 
 
 R. P. Cas. Real Property Cases, English. 
 
 B.P. dW. (Pa.). (Rawle) Penrose and Watt's 
 Pennsylvania Reports. 
 
 R. R. & Can. Cas. Railway and Canal Cases, Eng- 
 lish. 
 
 R. S. Revised Statutes. 
 
 R. S. L. Reading on Statute Law. 
 
 R. t. F. Reports tempore Pinch, English Chan- 
 cery. 
 
 R. t. H. Reports tempore Hardwicke (Lee) Eng- 
 lish King's Bench ;— Reports tempore Holt , (Cases 
 Concerning Settlement). 
 
 R. t. Hardw. Reports tempore Hardwicke, English 
 King's Bench. 
 
 R. t. Holt. Reports tempore Holt, English King's 
 Bench. 
 
 R. t. Q. A. Reports tempore Queen Anne, vol. U 
 Modern Reports. 
 
 R. d B. Cas. Redfleld and Bigelow's Leading Cases 
 on Bills and Notes. 
 
 R. d C. Cas. Railway and Canal Cases, English. 
 
 R. d 0. N. So. Russell & Chesley's Reports, Nova 
 Scotia. 
 
 R. d G. N. Sc. Russell & Gelderf s Reports, Nova 
 Scotia. 
 
 R. d H. Dig. Robinson & Harrison's Digest, On- 
 tario. 
 
 R. d J. Dig. Robinson & Joseph's Digest, Ontario. 
 
 R. & M. Russell & Mylne's English Chancery Re- 
 ports ; — Ryan & Moody's English Nisi Prius Reports. 
 
 R. d My. Russell and Mylne's Reports, English 
 Chancery, 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 603 
 
 R. <£ M. G. G. Ryan and Moody's Crown Cases Re- 
 served, English. 
 
 R. d M. Dig. Rapalje & Mack's Digest of Railway 
 Law. 
 
 R. d M. N. P. Ryan and Moody's Nisi Prlus Cas- 
 es, English. 
 
 R. & B. C. C. Russell and Ryan's Crown Cases Ke- 
 eerved, English. 
 
 Ra. C'a. English Railway and Canal Cases. 
 
 Rader. Rader's Reports, vols. 138-163 Missouri. 
 
 Raff Pens. Man. Raff's Pension Manual. 
 
 Rail, d Can. Gas. English Railway and Canal Cas- 
 es ;— Railway and Canal Traffic Cases. 
 
 Railw. Gas. Railway Cases. 
 
 Railio. d G. Gas. Railway and Canal Cases, Eng- 
 lish. 
 
 Railw. d Gorp. Law J. Railway and Corporation 
 Law Journal. 
 
 Ram A. Ram on Assets. 
 
 Ram Gas. P. d E. Ram's Cases of Pleading and 
 Evidence. 
 
 Ram F. Ram on Facts. 
 
 Ram Judg'in. Ram on Science of Legal Judgment. 
 
 Ram Leg. Judgm. (Towns. Ed.). Ram's Science of 
 Legal Judgment, Notes by Townshend. 
 
 Ram W. Ram on Exposition of Wills. 
 
 Ram., d Mor. Ramsey & Morin's Montreal Law 
 Reporter. 
 
 Rand. Randolph's Virginia Reports ; — Randolph's 
 Reports, vols. 21-56 Kansas ;— Randolph's Reports, 
 vols. 7-11 Louisiana Annual ;— Randall's Reports, 
 vols. 52-71 Ohio State. 
 
 Rand. (Kan.). Randolph's Reports, Kansas. 
 
 Rand. (La.). Randolph's Reports, Louisiana An- 
 nual Reports, vols. 7-11. 
 
 Rand, Perp. Randall on Perpetuities. 
 
 Raney. Raney's Reports, vols. 16-20 Florida. 
 
 Rang. Dec. Sparks's Rangoon Decisions, British 
 Burmah. 
 
 Rank. P. Rankin on Patents. 
 
 Rap. Fed. Ref. Dig. Rapalje's Federal Reference 
 Digest. 
 
 Rap. Jud. Q. B. R. Rapport's Judiciaries de Quebec 
 Cour du Banc de la Reine. 
 
 Rap. Jud. Q. G. S. Rapport's Judiciaries de Quebec 
 Cour Superieure. 
 
 Rap. Lav. Rapalje on Larceny. 
 
 Rap. N. Y. Dig. Rapalje's New York Digest. 
 
 Rap. & L. or Rap. d Law. or Rapal. d L. Rapalje & 
 Lawrence, American and English Cases. 
 
 Rast. Rastell's Entries and Statutes. 
 
 Ratt. L. G. Rattigan's Leading Cases on Hindoo 
 Law. 
 
 Ratt. R. L. Rattigan's Roman Law. 
 
 Raw. or Rawle. Rawle's Pennsylvania Reports. 
 
 Rawle Const. Rawle on the Constitution. 
 
 Rawle, Gov. or Raiole Govt. Rawle on Covenants 
 for Title. 
 
 Rawle Eq. Rawle's Equity in Pennsylvania. 
 
 Rawle Pen. d W. (Rawle) Penrose & Watts, Penn- 
 sylvania. 
 
 Ray Med. Jut. Ray's Medical Jurisprudence of 
 Insanity. 
 
 Ray Men. Path. Ray's Mental Pathology. 
 
 Rayyn. or Raym. Ld. Lord Raymond's Reports, 
 English King's Bench. 
 
 Raym. B. of Ex. Raymond on Bill of Exceptions. 
 
 Raym. Gh. Dig. Raymond's Chancery Digest. 
 
 Raym. Ent. Raymond's Book of Entries. 
 
 Raym. Sir T. or Raym. T. Sir Thomas Raymond's 
 English King's Bench Reports. 
 
 Raymond. Raymond's Reports, vols. 81-89 Iowa. 
 
 Rayn. Rayner's English Tithe Cases, Exchequer. 
 
 Re-af. Re-affirmed. 
 
 Re. de J. Revue de Jurisprudence, Montreal. 
 
 Re. de L. Revue de Jurisprudence at Legislation, 
 Montreal. 
 
 Real Est. Rec. Real Estate Record, New York. 
 
 Real Pr. Gas. Real Property Cases (English). 
 
 Rec. Records ; — Recorder ; — American Law Rec- 
 ord. 
 
 Rec. Com. Record Commission. 
 
 Rec. Dec. Vaux's Recorder's Decisions, Philadel- 
 phia. 
 
 Red. Redfleld's New York Surrogate Reports ;— 
 Reddington, Maine. 
 
 Red. Am. R. R. Cas. or Red. Gas. R. R. Redfleld's 
 Leading American Railway Gases. 
 
 Red. Cas. Wills. Redfleld's Leading Cases on 
 Wills. 
 
 Red. R. L. Reddie's Roman Law. 
 
 Red. R. R. Gas. Redfleld's Leading American Rail- 
 way Cases. 
 
 Red. d Big. Cas. B. d N. Redfield & Bigelow's 
 Leading Cases on Bills and Notes. 
 
 Redes. PI. Mitford's Chancery Pleading. 
 
 Redf. Redfleld's Surrogate Court Reports, N. Y. 
 
 Redf. Am. Railw. Gas. Redfleld's American Rail- 
 way Cases. 
 
 Ttedf. Bailm. Redfield on Carriers and Bailments. 
 
 Redf. L. Cas. Wills. Redfleld's Leading Cases on 
 Wills. 
 
 Redf. Pr. Redfleld's Practice, New York. 
 
 Redf. R. Cas. Redfleld's American Railway Cases. 
 
 Redf. Railw. Redfield on Railways. 
 
 Redf. Railw. Cas. Redfield's American Railway 
 Cases. 
 
 Redf. Sur. or Redf. Burr. (N. Y.). Redfield's New 
 York Surrogate Court Reports. 
 
 Redf. Wills. Redfleld's Leading Cases on Wills. 
 
 Redf. d Big. L. Gas. Redfield and Bigelow's Lead- 
 ing Cases on Notes and Bills. 
 
 Reding, or Redington. Redington's Reports, vols. 
 31-35 Maine. 
 
 Redm. Redman on Arbitrations and Awards. 
 
 Reed Fraud or Reed Lead. Gas. Reed's Leading 
 Cases in Law of Statute of Frauds. 
 
 Reese. Reporter, vols. 5, 11 Heiskell's Tennessee 
 Reports. 
 
 Reei'>e Des. Reeve on Descents. 
 
 Reeve Dom. R. Reeve on Domestic Relations. 
 
 Reeve;, Eng. Law or Reeve H. E. L. or Reeve, 
 Hist. Eng. Law. Reeve's History of the English 
 Law. 
 
 Reeve Sh. Reeve on the Law of Shipping and 
 Navigation. 
 
 Reg. The Daily Register, New York City. 
 
 Reg. App. Registration Appeals. 
 
 Reg. Brev. Register of Writs. 
 
 Reg. Gas. Registration Cases. 
 
 Reg. Deh. (Gales). Register of Debates in Con- 
 gress, 1789-91 (Gales's). 
 
 Reg. Deb. (G. d S.). Register of Debates in Con- 
 gress, 1824-37 (Gales and Seaton's). 
 
 Reg. Gen. Regulas Generales. 
 
 Reg. Jud. Registaem Judiciale. 
 
 Reg. Lil). Register Book. 
 
 Reg. Maj. Books of Regiam Majestatem. 
 
 Reg. Om,. Brev. Registrum Omnium Brevium. 
 
 Reg. Grig. yRegistrum Originale. 
 
 Reg. PI. Regula Placitandi. 
 
 Reg. Writ. Register of Writs. 
 
 Reilly. Reilly's English Arbitration Cases. 
 
 Rem. Cr. Tr. Remarkable Criminal Trials. 
 
 Rem. Tr. Cummins & Dunphy's Remarkable Tri- 
 als. 
 
 Rem. Tr. No. Gh. Benson's Remarkable Trials and 
 Notorious Characters. 
 
 Remy. Remy's Reports, vols. 145-154 Indiana ; 
 also Indiana Appellate Court Reports. 
 
 Rep. Report; — Reports; — Reporter; — Repeal- 
 ed;— Wallace's The Reporters ;— Repertoire. Coke's 
 Reports, English King's Bench. 
 
 Rep. (1,2, etc.). Coke's English King's Bench 
 Reports. i 
 
 Rep. Ass. Y. Clayton's Reports of Assizes at 
 Yorke. 
 
 Rep. Gas. Eq. Gilbert's Chancery Reports. 
 
 Rep. Cas. Madr. Reports of Cases, Dewanny 
 Adawlut, Madras. 
 
 Rep. Gas. Pr. Reports of Cases of Practice 
 (Cooke's). 
 
 Rep. Gh. Reports in Chancery, English. 
 
 Rep. Gh. Pr. Reports on the Chancery Practice. 
 
 Rep. Com. Cas. Reports of Commercial Cases, 
 Bengal. 
 
 Rep. Const, or Rep. Const. Ct. Reports of the Con- 
 stitutional Court, South Carolina (Treadway, Mill, 
 or Harper). 
 
604 
 
 Appendix. 
 
 (Part VI 
 
 Rep. Gr. L. Com. Reports of Criminal Law Com- 
 missioners. 
 
 Rej}. de Jur. Repertoire de Jurisprudence, Paris. 
 
 Rep. de Jar. Com. Repertoire de Jurisprudence 
 Commerciale, Paris. 
 
 Rep. du Not. Repertoire du Notarise, Paris. 
 
 Rep. Eg. C. C. Repetitions Ecrites sur le Code 
 Civil. 
 
 Rep. Eq. Guilbert's Reports in Equity, English. 
 
 Rex). in Ch. Reports in Chancery, English. 
 
 Rej). (N. Y.). The Reporter, Washington and New 
 York. 
 
 Rep. Q. A. Report tempore Queen Anne, vol. 11 
 Modern. 
 
 Rep. Sel. Cas. Ch. or Rep. Sel. Cas. in Ch. Kel- 
 ynge's (W.) Reports, English Chancery. 
 
 Rep. t. Finch. Reports tempore Finch, English 
 Chancery. 
 
 Rep. t. Hard. Lee's Reports tempore Hardwicke, 
 English King's Bench Reports. 
 
 Rep. t. Holt. Reports tem2)ore Holt, English 
 King's Bench;— Reports tempore Holt (English Cas- 
 es of Settlement). 
 
 Rep. t. O. Br. Carter's English Common Pleas 
 Reports tempore O. Bridgman. 
 
 Rep. t. Q. A. Reports tem.pore Queen Anne (11 
 Modern). 
 
 Rep. t. TalT). Reports tempore Talbot, English 
 Chancery. 
 
 Rep. (Wash.). The Reporter, Washington and 
 New York. 
 
 Rep. Yorke Ass. Clayton's Reports of Assizes at 
 Yorke. 
 
 Report or Reports. Coke's Reports, English King's 
 Bench. 
 
 Reptr. The Reporter, Boston, Mass. 
 
 Res. Cas. Reserved Cases. 
 
 Ret. Brev. Retorna Brevium. 
 
 Rettie. Rettie, Crawford & Melville's Scotch Ses- 
 sion Cases (4th Series). 
 
 Rev. Reversed. Revised. Revenue. 
 
 Rev. C. d C. Rep. Revenue, Civil, and Criminal 
 Reporter, Bengal. 
 
 Rev. Cas. Revenue Cases. 
 
 Rev. Crit. La Revue Critique, Montreal. 
 
 Rev. Crit. de Leg. R^vue Critique de Legislation, 
 Paris. 
 
 Rev. de Leg. Revue de Legislation, Montreal. 
 
 Rev. Dr. Int. Revue de Droit International, Paris. 
 
 Rev. Dr. Leg. Revue de Droit Legislation, Paris. 
 
 Rev. Laws. Revised Laws. 
 
 Rev. Leg. La Revue Legale, Sorel, Quebec. 
 
 Rev. Ord. N. W. T. Revised Ordinances, North- 
 west Territories (Canada) 1888. 
 
 Rev. St. or Rev. Stat. Revised Statutes. 
 
 Reyn. Reynolds's Reports, vols. 40-42 Mississippi. 
 
 Reyn. Steph. Reynolds's Stephens on Evidence. 
 
 Rho. L. Rhodlan Law. 
 
 Rice. Rice's Law Reports, South Carolina. 
 
 Rice Ch. Rice's Equity Reports, South Carolina. 
 
 Rice. Dig. Pat. Rice's Digest of Patent Office De- 
 cisions. 
 
 Rice Eg. Rice's South Carolina Equity Reports. 
 
 Rich. Richardson's South Carolina Law Reports ; 
 —Richardson's Reports, vols. 2-5 New Hampshire. 
 
 Rich. Gas. Gh. or Rich. Ch. Richardson's South 
 Carolina Equity Reports. 
 
 Rich. Ct. CI. Richardson's Court of Claims Re- 
 ports. 
 
 Rich. Eq. Richardson's South Carolina Equity 
 Reports. 
 
 Rich. Eq. Cas. Richardson's South Carolina Eq- 
 uity Reports. 
 
 Rich. Law (S. C). Richardson's South Carolina 
 Law Reports. 
 
 Rich. (N. H.). Richardson's Reports, New Hamp- 
 shire Reports, vols. 3-5. 
 
 Rich. N. S. Richardson's Reports, New Series, 
 South Carolina. 
 
 Rich. P. R. C. P. Richardson's Practical Register, 
 Common Pleas. 
 
 Rich. Pr. C. P. Richardson's Practice Common 
 Pleas. 
 
 Rich. Pr. K. B. Richardson's Practice In the 
 King's Bench. 
 
 Rich. Pr. Reg. Richardson's Practical Register, 
 English Common Pleas. 
 
 Rich. <& H. or Rich, d HooJc. Richardson & Hook's 
 Street Railway Decisions. 
 
 Rich. <& W. Richardson & Woodbury's Reports, 
 vol. 2 New Hampshire. 
 
 Ridg. Ridgeway's Reports tempore Hardwicke, 
 Chancery and King's Bench. 
 
 Ridg. Ap. or Ridg. App. Ridgeway's Irish Appeal 
 (or Parliamentary) Cases. 
 
 Ridg. Cas. Ridgeway's Reports tempore Hard- 
 wicke, Chancery and King's Bench. 
 
 Ridg. L. d S. Ridgeway, Lapp and Schoales's Re- 
 ports (Irish Term Reports). 
 
 Ridg. P. C. or Ridg. Pari. Ridgeway's Irish Appeal 
 (or Parliamentary) Cases. 
 
 Ridg. Rep. or Ridg. St. Tr. Ridgeway's (Individu- 
 al) Reports of State Trials in Ireland. 
 
 Ridg, t. Hard, or Ridg. d Hard. Ridgeway's Re- 
 ports tempore Hardwicke, Chancery and King's 
 Bench, 
 
 Ridgew. Ridgeway (see Ridg.). 
 
 Ridley^ Civil d Ecc. Law. Ridley's Civil and Ec- 
 clesiastical Law. 
 
 Ried. Riedell's Reports, vols. 68, 69 New Hamp- 
 shire. 
 
 Ril. Riley's South Carolina Law Reports ;^Ri- 
 ley's Reports, vols. 37-42 West Virginia. 
 
 Ril. Ch. ov Ril. Eq. Riley's South Carolina Chan- 
 cery Reports. 
 
 Ril. Harp. Riley's Edition of Harper's South 
 Carolina Reports. 
 
 Riley. Riley's South Carolina Chancery Reports; 
 —Riley's South Carolina Law Reports ;— Riley's Re- 
 ports, vols. 37-42 West Virginia. 
 
 Riley Gh. or Riley Eq. Riley's Chancery Reports, 
 South Carolina, 
 
 Riner. Riner's Reports, vol. 2 Wyoming. 
 
 Eiv. Ann. Reg. Rivington's Annual Register. 
 
 Rol). Robinson's Virginia Reports; — Robinson's 
 Louisiana Reports;— Robinson's Reports, vols. 2-9 
 and 17-23 Colorado Appeals;— Robertson's New York 
 Superior Court Reports ;— Robinson's English Ec- 
 clesiastical Reports;- Chr. Robinson's English Ad- 
 miralty Reports ;— W. Robinson's English Admiralty 
 Reports ;— Robinson's Reports, English House of 
 Lords Scotch Appeals;— Robertson's Scotch Appeal 
 Cases;— Robinson's Reports, vol. 38 California;— 
 Robinson's Reports, vols. 1-4 Louisiana Annual ;— 
 Roberts's Reports, vols. 29-31 Louisiana Annual;— 
 Robards's Reports, vols. 12, 13 Missouri ;— Robards's 
 Conscript Cases, Texas ;— Chr. Robinson's Upper 
 Canada Reports;— J. L. Robinson's Upper Canada 
 Reports;— Robertson's Reports, vol. 1 Hawaii; — Rob- 
 inson's Reports, vol. 1 Nevada. 
 
 Roh. Adm. Chr. Robinson's English Admiralty 
 Reports. 
 
 Roh. Adm.. Chr. Robinson's Reports, English Ad- 
 miralty. 
 
 Rol). Adm. d Pr. Roberts on Admiralty and Prize. 
 
 Rob. App. Robinson's Scotch Appeals, Engli^ 
 House of Lords. 
 
 Rot>. (Gal.). Robinson's Reports, California, 
 
 Rob. Car. V. Robertson's History of the Reign of 
 the Emperor Charles V. 
 
 Rob. Cas. Robertson's Scotch Appeal Cases, 
 
 Rob. Chr. Chr. Robinson's English Admiralty Re- 
 ports. 
 
 Rob. Chr. Adm. Chr, Robinson's Reports, English 
 Admiralty. 
 
 Rob. Consc. Cas. or Rob. Conscr. Cas. Robard's 
 Conscript Cases, Texas. 
 
 Rub. Ecc. Robertson's Ecclesiastical Reports, Eng- 
 lish. 
 
 Rob. Ent. Robinson's Entries. 
 
 Rob. Eq. Roberts's Principles of Equity. 
 
 Rob. Fr. Roberts on Frauds. 
 
 Rob.Fr.Gonv. Roberts on Fraudulent Convey- 
 ances. 
 
 Rob. Gavelk. Robinson on Gavelkind. 
 
 Rob. (Hawaiian). Robinson's Hawaiian Reports. 
 
 Rob. Jr. or Rob. Jun. William Robertson's English 
 Admiralty Reports. 
 
 Rob. Jus. Robinson's Justice of the Peace, 
 
 Rob. L. d W. Roberts, Leaming & Wallis's County 
 Court Reports. 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 605 
 
 RoT). (La.). Robinson's Reports, Louisiana. 
 Roh. (La. Ann.). Robinson's Reports, Louisiana 
 Annual, vols. 1-4. 
 
 Rob. Mar. (N. Y.). Robertson & Jacob's New York 
 Marine Court Reports. 
 Roh. (Mo.). Robard's Reports, Missouri. 
 Roh. (N. Y.). Robertson's Reports, New York City 
 Superior Court Reports, vols. 24-30. 
 
 Roh. (Nev.). Robinson's Reports, Nevada Reports, 
 vol. 1. 
 Roh. Pr. Robinson's Practice. 
 
 Roh. S. I. Robertson's Sandwicb Island (Hawaiian) 
 Reports. 
 
 Roh. Sc, App. Robinson's Scotcb Appeals, Englisb 
 House of Lords. 
 
 Roh. Sr. Ct. Robertson's New York Superior Court 
 Reports. 
 Rob. St. Fr. Roberts on the Statute of Frauds. 
 Rob. U. C. Robinson's Reports, Upper Canada. 
 Rob. (Va.). Robinson's Reports, Virginia. 
 Roh. Wills. Roberts on Wills. 
 
 Roh. Wm. or Rob. Wm. Adm. Wm. Robinson's Re- 
 ports, English Admiralty. 
 
 Roh. & J. Robard and Jackson's Reports, Texas 
 Reports, vols. 26-27. 
 
 Rohards. Robards's Reports, vols. 12, 13 Missouri ; 
 — Robards's Texas Conscript Cases. 
 
 Rohards <£ Jackson. Robards & Jackson's Reports, 
 vols. 26-27 Texas. 
 
 Robh or Rohb Pat. Cas. Robb's United States Pat- 
 ent Cases. 
 
 Robert. Robertson's Scotcb Appeals, English 
 House of Lords. 
 
 Roberts. Roberts' Reports, vols. 29-31 Louisiana 
 Annual. 
 
 Robertson. Robertson's Scotch Appeal Cases; — 
 Robertson's New York Superior Court Reports ; — 
 Robertson's New York Marine Court Reports ;— 
 Robertson's English Ecclesiastical Reports ; — Robert- 
 son's Hawaiian Reports. See, also, Rob. 
 Robin. App. Robinson's Scotch Appeal Cases. 
 Robinson. Chr. Robinson's English Admiralty Re- 
 ports ;— W. Robinson's English Admiralty Reports ; 
 —Robinson's Virginia Reports ;— Robinson's Louisi- 
 . ana Reports ;— Robinson's Scotch Appeal Cases ;— 
 Robinson's Reports, vol. 38 California ;— Chr. Rob- 
 inson's Reports, Upper Canada ; — J. L. Robinson's 
 Reports, Upper Canada ;— Robinson's Reports, Colo- 
 rado ; — Robinson's Reports, vol, 1 Nevada. 
 
 Robs. Ban kr. Robson's Bankrupt Practice;— Rob- 
 ertson's Handbook of Bankers' Law. 
 Roht. Robert ;— Robertson. 
 
 Roht. (N. Y.). Robertson's Reports, New York 
 City Superior Court Reports, vols. 24-30. 
 Roc. Ins. Roccns on Insurance. 
 Roc. Mar. L. Roccus on Maritime Law. 
 Roc. <& H. Banlc. Roche and Hazlitt on Bankruptcy. 
 Roccus, Ins. Roccus on Insurance. 
 Bockw. Sp. d Mex. L. Rockv/ell's Spanish and Mex- 
 ican Law. 
 
 Rodm. (Ky.). Rodman's Kentucky Reports, vols. 
 78-82. 
 Rodman. Rodman's Reports, vols. 78-82 Kentucky. 
 Roelk. Man. Roelker's Manual lor Notaries and 
 Bankers. 
 
 Rog. Ecc. or Rog. Ecc. Law. Rogers's Ecclesiasti- 
 cal Law. 
 Bog. Rec. Rogers's City Hall Recorder, New York. 
 Rogers. Rogers's Reports, vols. 47-51 Louisiana 
 Annual. 
 Rol. RoUe's English King's Bench Reports. 
 Boll. Roll of the Term ;— RoUe's English King's 
 Bench Reports. 
 Bolle. Rolle's Reports, English King's Bench. 
 Rolle Ahr. Rolle's Abridgment. 
 Rolle B. Rolle's English King's Bench Reports. 
 Rolls Ct. Bep. Rolls Court Reports, English. 
 Rom. Romilly's Notes of Cases, English Chancery. 
 Rom. Ct. L. Romilly's Criminal Law. 
 Rom. Law. Mackeldy's Handbook of the Roman 
 Law. 
 Boot. Root's Reports, Connecticut. 
 Bop. H. <& W. or Bop. Husb. eg Wife. Roper on Hus- 
 band and Wife. 
 Bop. Leg. Roper on Legacies. 
 
 Rop. Prop. Roper on Property. 
 Bop. Bev. Roper on Revocation of Wills. 
 Rover Int. St. L. Rorer on Inter-State Law. 
 Rorer Jud. Sales. Rorer on Judicial Sales. 
 Rose. Adm. Roscoe's Admiralty Jurisdiction and 
 Practice. 
 Rosa. Bills. Roscoe on Bills and Notes. 
 Rose. Civ. Ev. Roscoe on Civil Evidence. 
 Rose. Cr. Ev. or Rose. Crim. Ev. Roscoe on Crim- 
 inal Evidence. 
 Rose. Jur. Roscoe's Jurist, London. 
 Bosc. N. P. Roscoe on Nisi Prius Evidence. 
 Rose. PI. Roscoe on Pleading. 
 
 Rose. R. Ac. or Bosc. Beal Act. Roscoe on Real Ac- 
 tions. 
 Rose. St. D. Roscoe on Stamp Duties. 
 Rose or Rose B. C. Rose's Reports, English Bank- 
 ruptcy. 
 
 So.se Notes. Rose's Notes on United States Re- 
 ports. 
 Rose W. G. Rose Will Case, New York. 
 RosSj Conv. Ross's Lectures on Conveyancing, 
 etc., Scotland. 
 
 Ross Ldg. Cas. Ross's Leading Cases on Commer- 
 cial Law. 
 
 Ross Lead. Cas. Ross's Leading Cases on Com- 
 mercial Law. 
 Ross y. & p. Ross on Vendors and Purchasers. 
 Rot. Chart. Rotulus Cbartarum. 
 Rot. Cur. Reg. Rotuli Curiae Regis. 
 Rot. Flor. Rot^E Florentine (Reports of the Su- 
 preme Court, or Rota, of Florence). 
 Rot. Pari. RotulaB ParliamentarlEe. 
 Rouse Cop. Rouse's Copyhold Enfranchisement 
 Manual. 
 
 Rouse Pr. Mort. Rouse on Precedents of Mort- 
 gages. 
 
 Rowe. Rowe's Reports, English Parliamentary 
 and Military Cases. 
 Rowe Bep. Rowe's Reports (Irish). 
 Roive Sei. Jur. Rowe's Scintilla Juris. 
 Bowell. Rowell's Contested Election Cases, U. S. 
 House of Representatives, 1889-1891 ; — Rowell's Re- 
 ports, vols. 45-52 Vermont. 
 Roy. Dig. Royall's Digest Virginia Reports. 
 Roylc Stock Sh. Royle on the Law of Stock 
 Shares, etc. 
 Rt. Law Bepts. Rent Law Reports, India. 
 Rub. Rubric. 
 
 Rucker. Rucker's Reports, vols. 43-46 West Vir- 
 ginia. 
 
 Btcff. or Ruff. (& H. Ruffin & Hawks's North Caro- 
 lina Reports. 
 
 Ruffh. or Ruffh. St. Ruffhead's Statutes-at-Large 
 of England. 
 Rules Sup. Ct. Rules of the Supreme Court. 
 Runn. Runnell's Reports, Iowa. 
 Runn. Stat. Runnington's Statutes-at-Large of 
 England. 
 Runnells. Runnells's Reports, vols. 38, 56 Iowa. 
 Bus. Russell. 
 
 Rush. Rushworth's Historical Collection. 
 Russ. Russell's Reports, English Chancery. 
 Russ. Arb. Russell on Arbitrators. 
 Russ. Cr. or Russ. Crimes. Russell on Crimes and 
 Misdemeanors. 
 
 Buss. Elect. Gas. Russell's Election Cases, Nova 
 Scotia ; — Russell's Election Cases, Massachusetts. 
 
 Russ. Eq. Bep. Russell's Equity Decisions, Nova 
 Scotia. 
 Buss. Merc. Ag. Russell on Mercantile Agency. 
 Buss. N. Sc. Russell's Equity Cases, Nova Scotia. 
 Buss. t. Eld. Russell's English Chancery Reports 
 tempore Elden. 
 
 Buss. & cues. Russell and Chesley's Reports, Nova 
 Scotia. 
 
 Buss. & Giles. Eq. Russell and Chesley's Equity 
 Reports, Nova Scotia. 
 
 Russ. (£ Geld. Russell and Geldert's Reports, Nova 
 Scotia. 
 
 RiiSS.i&M. Russell and Mylne's Reports, English 
 Chancery. 
 
 Russ. & B. or Russ. & Ry. Russell and Ryan's 
 Crown Cases Reserved, English. 
 
606 
 
 Appendix. 
 
 (Part VI 
 
 Rutg. Cos. or Butger Cas. Rutger-Waddington 
 Case, New York City, 1784 (First ot New York Re- 
 ports). 
 
 Bitth. Inst, or Buth. Nat. L. Rutherford's Institutes 
 of Natural Law. 
 By. Cas. Reports ot Railway Cases. 
 By. F. Rymer's FoBdera, Conventiones, etc. 
 By. Med. Jur. Ryan's Medical Jurisprudence. 
 By. £ Can. Cas. Railway and Canal Cases, Eng- 
 land. 
 
 By. £ Can. TraJ. Ca. Railway and Canal TratSc 
 Cases. 
 
 By. & Corp. Law Jour. Railway and Corporation 
 Law Journal. 
 
 By. d M. Ryan & Moody's Nisi Prius Reports, 
 English. 
 
 By. <£- M. C. C. Ryan and Moody's Crown Cases 
 Reserved, English. 
 
 By. (£ M. N. P. Ryan and Moody's Nisi Prius Re- 
 ports, English. 
 Bymer. Rymer's Fcedera. 
 
 S. Shaw, Dunlop & Bell's Scotch Court of Ses- 
 sion Reports (1st Series) ;— Shaw's Scotch House of 
 Lords Appeal Cases ;— Southeastern Reporter (prop- 
 erly cited S. B.) ;— Southwestern Reporter (properly 
 cited S. W.);— New York Supplement;— Supreme 
 Court Reporter;— Section. 
 S. A. L. B. South Australian Law Reports. 
 S. App. Shaw's Appeal Cases, Scotland. 
 S. Aust. L. B. South Australian Law Reports. 
 S. B. Upper Bench, or Supreme Bench. 
 S. C. South Carolina ; — South Carolina Reports, 
 New Series ;— Same Case ;— Superior Court;— Su- 
 preme Court;— Sessions Cases;— Samuel Carter (see 
 Orlando Bridgman) ;— Senatus-Consulti. 
 
 S. C. A. Supreme and Exchequer Courts Act, Can- 
 ada, t 
 S. C. Bar Assn. South Carolina Bar Association. 
 8. C. C. Select Chancery Cases (part 3 of Cases 
 in Chancery) ;— Small Cause Court, India. 
 
 S. C. Dig. Cassell's Supreme Court Digest, Can- 
 ada. 
 S. C. E. Select Cases relating to Evidence. 
 S. C. B. South Carolina Reports, New Series; — 
 Harper's South Carolina Reports ;— Supreme Court 
 Reports ;— Supreme Court Rules;— Supreme Court 
 of Canada Reports. 
 S. C. Bep. Supreme Court Reports. 
 S. Car. South Carolina;— South Carolina Reports, 
 New Series. 
 £r. Ct. Supreme Court Reporter. 
 S.D. South Dakota;— South Dakota Reports. 
 S. D. A. Sudder Dewanny Adawlut Reports, India. 
 S. Dak. South Dakota Reports. 
 S. D. d B. Shaw, Dunlop & Bell's Scotch Court of 
 Session Reports (1st Series). 
 
 S. D. & B. Sup. Shaw, Dunlop & Bell's Supple- 
 ment, containing House of Lords Decisions. 
 
 S. E. or S. E. B. or S. E. Bep. Southeastern Re- 
 porter. 
 
 S. F. A. Sudder Foujdaree Adawlut Reports, In- 
 dia. 
 S. J. Solicitors' Journal. 
 8. Just. Shaw's Justiciary Cases, Scotch. 
 8. L. Session Law; — Solicitor at Law; — Statute 
 Law. 
 S. L. C. Smith's Leading Cases. 
 8. L. C. App. Stuart's Lower Canada Appeal Cases. 
 8. h. D. Sudder Dewanny Adawlut Reports, India. 
 8. L. Ev. Select Laws relating to Evidence. 
 S. L. J. Scottish Law Journal, Edinburgh. 
 S. L. B. Scottish Law Reporter, Edinburgh ; — 
 Southern Law Review, St. Louis. 
 8. P. Same Point;— Same Principle. 
 8. B. State Reporter, New York. 
 S. S. Synopsis Series of U. S. Treasury Decisions. 
 S. 8. C. Sandford's New York City Superior Court 
 Reports. 
 8. T. State Trials. 
 
 8. T. D. Synopsis Treasurer's Decisions. 
 S. Tcind. or S. Teinds. Shaw's Teinds Cases, Scotch 
 Courts. 
 
 8. y. A. B. Stuart's Vice-Admiralty Reports, Que- 
 bec. 
 8. W. Southwestern;— Southwestern Reporter. 
 
 S. W. L. J. Southwestern Law Journal, Nashville, 
 Tenn. 
 
 8. W. Bep. Southwestern Reporter (commonly 
 cited S. W.). 
 
 S. d B. Smith and Hatty's Reports, Irish King'a 
 Bench. 
 
 8. d C. Saunders & Cole's English Bail Court Re- 
 ports ;— Swan & Critchfleia, Revised Statutes, Ohio. 
 8. d D. Shaw, Dunlop & Bell's Scotch Court ol 
 Session Reports (1st series). 
 8. d G. Smale & Giffard, English. 
 S. d L. Schoales and Lefroy's Reports, Irish 
 Chancery. 
 
 S. d M. Shaw & Maclean's Appeal Cases, House 
 of Lords;— Smedes & Marshall's Mississippi Reports. 
 S. d M'L. Shaw and Maclean's Appeal Cases, Eng- 
 lish House of Lords. 
 
 S. d Mar. Smedes and Marshall's Reports, Mis- 
 sissippi Reports, vols. 9-22. 
 
 S. d M. Ch. or S. d Mar. Ch. Smedes and Marshall's 
 Chancery Reports, Mississippi. 
 
 S. d B. Sergeant and Rawle's Reports, Pennsyl- 
 vania. 
 
 S. d S. Sausse & Scully's Irish Rolls Court Re- 
 ports ;— Simons & Stuart, English Vice-Chancellors' 
 Reports;— Swan & Sayler, Revised Statutes of Ohio. 
 S. d So. Sausse and Scully's Reports, Irish Chan- 
 cery. 
 
 S. d Sot. Searle and Smith's Reports, English 
 Probate and Divorce Cases. 
 
 S. d T. Swabey and Tristram's Reports, English 
 Probate and Divorce Cases. 
 Sal. Salinger's Reports, vols. 90-117 loWa. 
 Salk. Salkeld's Reports, English Courts. 
 Salm. AW. or Salm. St. B. Salmon's Abridgment of 
 State Trials. 
 
 San Fr. D. J. San Francisco Law Journal, Cali- 
 fornia. 
 San. V. Sanders on Uses and Trusts. 
 Sand. Sandford's New York Superior Court Re- 
 ports. 
 
 Sand. Ch. Sandford's New York Chancery Re- 
 ports. 
 Sand. Eq. Sands's Suit in Equity. 
 Sand. Essays. Sanders's Essays. 
 Sand. Inst. Sandars's Institutes of Justinian. 
 Sand. I. Bep. Sandwich Island (Hawaiian) Re- 
 ports. 
 
 Sand. Jus. or SandarSj Just. Inst. Sandars's Edi- 
 tion of Justinian's Institutes. 
 Sand. U. d T. Sanders on Uses and Trusts. 
 Sandf. Sandford's New York Superior Court Re- 
 ports. 
 
 Sandf. Ch. Sandford's Chancery Reports, New 
 York. 
 Sandf. Ent. Sandford on Entails. 
 Sandl. St. Pap. Sandler's State Papers. 
 Sanf. (Ala.). Sanford's Reports, Alabama. ■ 
 Sant. de Assoc. Santerna de Assecurationibus. 
 Sar. Ch. Sen. Saratoga Chancery Sentinel. 
 Sau. d Sc. Sausse & Scully's Irish Rolls Court 
 Reports. 
 Sauls. Saulsbury's Reports, vols. 5-G Delaware. 
 Saund. Saunders's Reports, English King's Bench. 
 Saund. Bank. Pr. Saunders's Bankrupt Practice. 
 Saund. Neg. Saunders on the Law of Negligence. 
 Saund. PI. Saunders on Civil Pleading. 
 Saund. PI. d Ev. Saiinders's Pleading and Evi- 
 dence. 
 
 Saund. d C. Saunders and Cole's Reports, Eng- 
 lish Bail Court. 
 
 Saund. d Mao. Saunders & Macrae's English 
 County Court Cases. 
 
 Sausse d So. Sausse & Scully's Irish Rolls Court 
 Reports. 
 Sav. Savile's English Common Pleas Reports. 
 Sav. Dr. Bom. Savigny, Droit Remain. 
 Sav. His. Bom. L. Savigny's History of the Ro- 
 man Law. 
 Sav. OM. Savigny on Obligations. 
 Sav. Priv. Trial of the Savannah Privateers. 
 Sav. Priv. Int. L. Savigny on Private Internation- 
 al Law. 
 
 Sav. Syst. Savigny, System des Heutigen Rom- 
 ischen Richts. 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 607 
 
 Saw. or Sawy. Sawyer's United States Circuit 
 Court Reports. 
 
 Sax. or Saxt. or Saxt. Ch. Saxton's Cliancery Ee- 
 ports, New Jersey Equity Reports, vol. I. 
 Say. Sayer's Reports, English King's Bench. 
 Say. Costs. Sayer on Costs. 
 Say. Pr. Sayle's Practice in Texas. 
 Sayer. Sayer's English King's Bench Reports. 
 ySc. Scilicet (that is to say) ;— Scott's Reports, 
 English Common Pleas ; — Scotch: — Scammon's Re- 
 ports, vols. 2-5 Illinois ;— Liber Rubeus Scaccarii, 
 Scottish. 
 So. Jur. Scottish Jurist, Edinburgh. 
 iSc. L. J. Scottish Law Journal, Glasgow. 
 So. L. M. Scottish Law Magazine, Edinburgh. 
 Sc. L. R. Scottish Law Reporter, Edinburgh. 
 So. N. B. Scott's New Reports. 
 Sc. Sess. Cas. Scotch Court of Session Cases. 
 Sc. c6 Div. App. Scotch and Divorce Appeals (Law 
 Reports). 
 Scac. or Scaccaria Curia. Court of Exchequer. 
 Scam. Scammon's Reports, vols. 2-5 Illinois. 
 Scan. Mag. Scandalum Magnatum. 
 Sch. & LeJ. Schoales and Lefroy's Reports, Irish 
 Chancery. 
 
 Sch. & Lef. Schoales & Lefroy's Irish Chancery 
 Reports. 
 
 SchalckOT Schalk (Jam.). Schalck's Jamaica Re- 
 ports. 
 Scheiff. Pr. Scheiffer's Practice. 
 Scher. Scherer, New York Miscellaneous Reports. 
 Schtn. C. L. or Schm. Civil Law. Schmidt's Civil 
 Law of Spain and Mexico. 
 Schm. L. J. Schmidt's Law Journal, New Orleans. 
 Schomberg, Mar. Laws Rhodes. Schomberg, Trea- 
 tise on the Maritime Laws of Rhodes. 
 
 Schoul. Bailm. Schouler on Bailments, including 
 Carriers. 
 Schoul. Dom. Rel. Schouler on Domestic Relations. 
 Schoul. Per. Pr. or Shouler, Pers. Prop. Schouler 
 on Personal Property. 
 Schouler, Wills. Schouler on Wills. 
 Schuyl. Leg. Rec. Schuylkill Legal Record, Potts- 
 ville. Pa. 
 Sci. fa. Scire facias. 
 
 Sci. fa. ad dis. del). Scire facias ad disprobandum 
 debitum. 
 Soil. Scilicet, That is to say. 
 iSco. Scott's Reports, English Common Fleas. 
 Sco. Costs. Scott on Costs. 
 SCO. Int. Scott's Intestate Laws. 
 Sco. Nat. Scott on Naturalization of Aliens. 
 Sco. N. R. Scott's New Reports, English Common 
 Pleas. 
 
 SCO. c6 J. Tel. Scott and Jarnigan on the Law of 
 Telegraphs. 
 Sco*. Scotland ; — Scottish. 
 Scot. Jur. Scottish Jurist, Edinburgh. 
 Scot. L. J. Scottish Law Journal, Glasgow. 
 Scot. L. M. Scottish Law Magazine, Edinburgh. 
 Scot, L. R. Scottish Law Reporter, Edinburgh ; — 
 Scottish Law Review, Glasgow. 
 Scot L. T. Scot Law Times, Edinburgh. 
 Scott. Scott's English Common Pleas Reports ; — 
 Scott's New Tork Civil Procedure. 
 
 Scott J. Reporter, English Common Bench Re- 
 ports. 
 
 Scott N. B. Scott's New Reports, English Common 
 Pleas. 
 Scr. L. T. Scranton Law Times, Pennsylvania. 
 Scrat. Life As. Scratchley on Life Assurance. 
 Scrib. Dow. Scribner on Dower. 
 Scriv. Cop. Scriven on Copyholds. 
 Scab. Y. & P. Seaborne on Vendors and Purchas- 
 ers. 
 
 Searle d Sm. Searle and Smith's Reports, English 
 Probate and Divorce. 
 Seat. F. Ch. Seaton's Forms in Chancery. 
 Seb. T. M. or Seb. Trade-Marks. Sebastian on 
 Trademarks. 
 Sec. Section. 
 
 Sec. leg. Secundum legum (according to law). 
 Sec. reg. Secundum regulam (according to rule). 
 Seed. pt. Bdw. III. Part 3 of the Year Books. 
 Seed. pt. H. TI. Part 8 of the Year Books. 
 
 Sedg. L. Cas. Sedgwick's Leading Cases on the 
 Measure of Damages ;— Sedgwick's Leading Cases on 
 Real Property. 
 
 Sedg. Meas. D. Sedgwick on the Measure of Dam- 
 ages. 
 
 Sedg. St. L. or Sedg. St. £ Const. Law. Sedgwick 
 on Statutory and Constitutional Law. 
 
 Seign. or Seign. Rep. Seigniorial Reports, Quebec. 
 
 Sel. Cas. Select Cases in Chancery, English. 
 
 Sel. Cas. A. S. Law. Select Cases in Anglo-Saxon 
 Law. 
 
 Sel. Cas. Ch. Select Cases in Chancery (part 3 of 
 Cases in Chancery). 
 
 Sel. Cas. D. A. Select Cases, Sudder Dewanny 
 Adawlut, India. 
 
 Sel. Cas. Ev. Select Cases in Evidence, English. 
 
 Sel. Cas. N. F. Select Cases, Newfoundland Courts. 
 
 Sel. Cas. N. W. P. Selected Cases, Northwest Prov- 
 inces, India. 
 
 Sel. Cas. N. Y. Yates's Select Cases, New York. 
 
 Sel. Cas. t. Br. Cooper's Select Cases tempore 
 Brougham. 
 
 Sel. Cas. t. King. Select Cases in Chancery tem- 
 pore King. 
 
 Sel. Cas. t. Nap. (Drury's) Select Cases tempore 
 Napier, Irish Chancery. 
 
 Sel. Cas. with Opin. Select Cases with Opinions, 
 by a Solicitor. 
 
 Sel. Ch. Cas. Select Cases in Chancery, English. 
 
 Sel. Dec. Bomb. Selected Decisions, Sudder De- 
 wanny Adawlut, Bombay. 
 
 Sel. Dec. Mad. or Sel. Dec. Madr. Selected Decrees, 
 Suder Udawlut, Madras. 
 
 Sel, L, Cas. Select Law Cases. 
 
 Sel. Pr. Sellon's Practice. 
 
 Seld. or geld. (N. T.). Selden's Reports, New York 
 Ct. of Appeals Reports, vols. 5-10. 
 
 Seld. Notes. Selden's Notes of Cases, New York 
 Court of Appeals. 
 
 Seld. Tit. Hon. Selden's Titles of Honor. 
 
 Selden. Selden's Reports, New York Court of 
 Appeals. 
 
 Self. Tr. Selfridge's Trial. 
 
 Sell. Pr. Sellon's Practice in the King's Bench. 
 
 Selw. N. P. Selwin's Nisi Prius. 
 
 Seilw. £ Barn. The First Part of Barnewall & 
 Alderson's English King's Bench Reports. 
 
 Serg. Attach. Sergeant on Attachment Law, Pa. 
 
 Serg. Const. L. Sergeant on Constitutional Law. 
 
 Serg. Land L. or Serg. Land Laws Pa. Sergeant on 
 the Land Laws of Pennsylvania. 
 
 Serg. Mech. L. L. Sergeant on Mechanics' Lien 
 Law. 
 
 Serg. & Lowb. Rep. English Common Law Re- 
 ports, American reprints edited by Sergeant & Low- 
 ber. 
 
 Serg. <£ R. or Serg. & Rawle. Sergeant & Rawle's 
 Pennsylvania Reports. 
 
 Sess. Cas. Sessions Cases (English King's Bench 
 Reports) ;— Scotch Court of Session Cases. 
 
 Sess. Cas. Sc. Session Cases, Scotch Court of Ses- 
 sion. 
 
 Sess. Pap. C. C. C. Session Papers, Central Crim- 
 inal Court. 
 
 Sess. Pap. O. B. Session Papers, Old Bailey. 
 
 Set. Cas. English Settlement and Removal Cases 
 (Burrow's Settlement Cases). 
 
 Set. Dec. or Set. F. Dec. Seton's Forms of Equity 
 Decrees. 
 
 Sett. Cas. Settlement Cases. 
 
 Sett. <£• Rem. Cas. English Settlement & Removal 
 Cases (Burrow's Settlement Cases). 
 
 Sev. Sevestre's Reports, Calcutta. 
 
 Set;. H. C. Sevestre's High Court Reports, Bengal. 
 
 Sei;. S. D. A. Sevestre's Sudder Dewanny Adawlut 
 Reports, Bengal. 
 
 Sewell, Sheriffs. Sewell on the Law of Sheriffs. 
 
 Sh, Shower's English Parliamentary Cases ;— 
 Shower's English King's Bench Reports ;— Shepley's 
 Reports, vols. 13-18 and 21-30 Maine ;— Shaw's Scotch 
 Appeal Cases ;— Shaw's, etc.. Decisions in the Scotch 
 Court of Session (1st Series) ;— Shaw's Scotch Jus- 
 ticiary Cases ;— Shaw's Scotch Teind Court Reports ; 
 — G. B. Shaw's Reports, vols. 10, 11 Vermont ;— 
 W. G. Shaw's Reports, vols. 30-35 Vermont ;— Shir- 
 
608 
 
 Appendix. 
 
 (Part VI 
 
 ley's Reports, vols. 49-55 New Hampshire ;— Sheldon's 
 Buffalo, New York, Superior Court Reports;— Sliep- 
 herd's Reports, Alabama ; — Shipp's Reports, vols. 66, 
 67 North Carolina ;— Shand's Reports, vols. 11-44 
 South Carolina ;— Shadforth's Reserved Judgments, 
 Victoria. 
 
 Sh. App. Shaw's Appeal Cases, English House of 
 Lords, Appeals from, Scotland. 
 
 Sh. crim. Cas. Shaw's Criminal Cases (Justiciary 
 Court). 
 
 Sh. Dig. Shaw's Digest of Decisions, Scotland. 
 
 Sh. Jus. Shaw's Justiciary Cases, Scotland. 
 
 Sh. W. dc C. Shaw, Wilson and Courtnay's Re- 
 ports, English House of Lords, Scotch Appeals (Wil- 
 son and Shaw's Reports). 
 
 Sh. dc Duul. Shaw and Dunlop's Reports, First 
 Series, Scotch Court of Session. 
 
 Sh. d Mad. Shaw and Maclean's Appeal Cases, 
 English House of Lords. 
 
 Shad. Shadford's Victoria Reports. 
 
 Shan. Shannon's Tennessee Cases. 
 
 Shand. Shand's Reports, South Carolina. 
 
 ShandPr. Shand's Practice, Court of Session. 
 
 Sharp. Sharpstein's Digest of Life and Accident 
 Insurance Cases, 
 
 Shars. Bl. Comm. Sharswood's Blackstone's Com- 
 mentaries. 
 
 Shars. Tah. Ca. Sharswood's Table of Cases, Con- 
 necticut. 
 
 Sha7'sw. Bla. Com. Sharswood's Blackstone's Com- 
 mentaries. 
 
 Sharsw. Comm. Law. Sharswood on Commercial 
 Law. 
 
 Sharsw. Law Lee. Sharswood's Law Lectures. 
 
 Sharsw. Leg. Eth. Sharswood's Legal Ethics. 
 
 Sharsw. <£■ B. R. P. Cas. Sharswood & Budd Real 
 Property Cases. 
 
 Shaw. Shaw's Reports, First Series, Scotch Court 
 of Session. 
 
 Shaio. Shaw's Scotch Appeal Cases ;— Shaw's etc., 
 Decisions in the Scotch Court of Session (1st Se- 
 ries) ; — Shaw's Scotch Justiciary Cases ;— Shaw's 
 Scotch Teind Court Reports ;— G. B. Shaw's Reports, 
 vols. 10, 11 Vermont ; — W. G. Shaw's Reports, vols. 
 30-35 Vermont. 
 
 Shaw App. Shaw's Appeal Cases, Euglish House 
 of Lords, Appeals from Scotland. 
 
 Shaw, Dec. Shaw's, etc., Decisions in the Scotch 
 Court of Session (1st Series). 
 
 Shaiv Dig. Shaw's Digest of Decisions, Scotch 
 Courts. 
 
 Shaw, Dunl. & B. Shaw, Dunlop & Bell's (1st Se- 
 ries) Scotch Session Cases. 
 
 Shaw (G.B.). G. B.^ Shaw's Reports, vols. 10, 11 
 Vermont. 
 
 Shaiv, H. L. Shaw's Scotch Appeal Cases, House 
 of Lords. 
 
 Shaw Jus. Shaw's (John) Scotch Justiciary Cases. 
 
 Shaw T. Cas. Shaw's Scotch Teind Court Reports. 
 
 Shaw (Vt.). Shaw's Reports, Vermont. 
 
 Shaio (W. C). W. G. Shaw's Reports, 30-35 Ver- 
 mont. 
 
 Shaw, W. & C. Shaw, Wilson and Courtnay's Re- 
 ports, English House of Lords, Scotch Appeals (Wil- 
 son and Shaw's Reports). 
 
 Shaw (& Dunl. Shaw and Dunlop's Reports, First 
 Sei'ies, Scotch Court of Session. 
 
 Shaw & Mad. Shaw and Maclean's Scotch Ap- 
 peal Cases, English House of Lords. 
 
 Sheartn. d Bed. Neg. Shearman and Redfield on 
 the Law of Negligence. 
 
 Shel. Sheldon (see Sheld.). 
 
 Shel. Ca. Shelley's Case in vol. 1 Coke's Reports. 
 
 Sheld. or Sheldon. Sheldon's Reports, Superior ■ 
 Court of Buffalo, New York. 
 
 Shelf. Copy. Shelford on Copyholds. 
 
 Shelf. J. 8. Go. Shelford on Joint Stock Compa- 
 nies. 
 
 Shelf. Lun. Shelford on Lunacy. 
 
 Shelf. M. d D. or Shelf. Mar. d Div. Shelford on 
 Marriage and Divorce. 
 
 Shelf. Mart. Shelford on Mortmain. 
 
 Shelf. Railw. Shelford on Railways. 
 
 Shelf. R. Pr. Shelford's Real Property Statutes. 
 
 Shep. Shepley's Reports, vols. 13-18 and 21-30 
 Maine ;— Shepherd's Reports, Alabama. 
 
 Shep. Ahr. Sheppard's Abridgment. 
 
 Shcp. Sel. Cas. Shepherd's Select Cases, Alabama. 
 
 SJiep. Touch. Sheppard's Touchstone. 
 
 Shepl. Shepley's Reports, Maine. 
 
 Shcpp. Ahr. Sheppard's Abridgment. 
 
 Shepp. Act. Sheppard's Action upon the Case. 
 
 Shepp. Cas. Sheppard's Cases on Slander. 
 
 Shepp. Touch. Sheppard's Touchstone. 
 
 Sher. Ct. Rep. Sheriff Court Reports, Scotland;— 
 Sheriff Court Reporter. 
 
 Shiel. Shiel's Reports, Cape Colony. 
 
 Ship. Gaz. Shipping Gazette, London. 
 
 Shipp. Shipp's Reports, North Carolina. 
 
 Shirl. Shirley's Reports, New Hampshire. 
 
 Shirl. L. C. Shirley's Leading Crown Cases. 
 
 Shortt Copy. Shortt on Copyrights. 
 
 Show. Shower's English Parliamentary Cases;— 
 Shower's English King's Bench Reports. 
 
 Show. K. B. Shower's English King's Bench Re- 
 ports. 
 
 Shoio. P. C. Shower's English Parliamentary 
 Cases. 
 
 Sick. Sickels's Reports, N. T. Court of Appeals 
 Reports. 
 
 Sick. Min. Dec. or Sich. Min. Laws d D, Sickels's 
 Mining Laws and Decisions. 
 
 Sick. Op. Sickels's Opinions of the New York At- 
 torneys-General. 
 
 Sid. Siderfin's Reports, English King's Bench. 
 
 Sid. Gov. Sidney on Government. 
 
 Sieye. Sieye Traite sur I'Adultere. 
 
 Silv. Silvernail's Unreported Cases, New York 
 Court of Appeals ; — Unreported Cases, New York 
 Supreme Court ;— Criminal Reports, New York. 
 
 Silv. at. Silvernail's New York Citations. 
 
 Silvern. N. Y. Silvernail's New York Court of 
 Appeals. 
 
 Silvern. N. Y. Sup. Ct. Silvernail's New York Su- 
 preme Court. 
 
 Si7n. Simons's English Vice-Chancery Reports ; 
 — Simmons's Reports, vols. 99, 100 Wisconsin. 
 
 Si7n. Dig. Simond's Digest of Patent Oface Deci- 
 sions. 
 
 Sim. Int. Simon on the Law of Interpleader. 
 
 Sim. N. S. Simons's English Vice-Chancery Re- 
 ports, New Series. 
 
 Sim. Pat. L. Simond's Manual of Patent Law. 
 
 Sim. Pr. Ct. M. Simmon's Practice of Courts Mar- 
 tial. 
 
 Sim. R. A. Simon's Law relating to Railway Ac- 
 cidents. 
 
 Sim. d C. Simmons & Conover's Reports, vols. 
 99, 100 Wisconsin. 
 
 Sim. d S. or Sim,, d Stu. Simon and Stuart's Eng- 
 lish Chancery Reports. 
 
 Sinclair. Sinclair's Manuscript Decisions, Scotch 
 Session Cases. 
 
 Sir T. J. Sir Thomas Jones's Reports. 
 
 Six Circ. ov Six Circ. Cas. Cases on the Six Cir- 
 cuits, Irish N. P. 
 
 Skene or Skene Yerh. Sign, Skene's De Verborum 
 Significatione. 
 
 Skill. Pol. Rep. or Skillm. Skillman's New York 
 Police Reports. 
 
 Skin. Skinner's English King's Bench Reports. 
 
 Skink. or SMnker. Skinker's Reports, Missouri. 
 
 Skiiin. Skinner's Reports, English King's Bench. 
 
 Slade. Slade Reports, Vermont. 
 
 Sloan Leg. Reg. Sloan's Legal Register, New York. 
 
 Sm. Smith's Reports, English King's Bench. 
 
 Sm. Ac. or Sm. Act. Smith's Actions at Law. 
 
 Sm. C. C. M. Smith's Circuit Courts-Martial Re- 
 ports, Maine. 
 
 Sm. Ch. Pr. Smith's Chancery Practice. 
 
 Sm. Cond. Ala. Smith's Condensed Alabama Re- 
 ports. 
 
 Sm. Cont. Smith on Contracts. 
 
 Sm. E. D. or Sm. (E. D.). B. D. Smith's Reports, 
 New York Common Pleas. 
 
 Sm. Eng. Smith's Reports, English King's Bench. 
 
 Sm. Eq. Smith's (J. W.) Manual of Equity;— 
 Smith's Principles of Equity. 
 
 Sm. Ex. Int. Smith on Executory Interest. 
 
 (S??i. For. Med. Smith's Forensic Medicine, 
 
 Sm. Forms. Smith's Forms of Procedure. 
 
 Sm. (Ind.). Smith's Reports, Indiana. 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 609 
 
 Sm. (K. B.). Smitli's Reports, English King's 
 Bench. 
 
 Sm. L. C. Smith's Leading Cases. 
 
 Sm. L. C. Comvi. L. or Sm. L. Cas. Com. L. Smith's 
 Leading Cases on Commercial Law. 
 
 Sni. L. J. Smith's Law Journal. 
 
 Sm. Laio of Prop. Smith on Real and P'ersonal 
 Property. 
 
 Sm. Lead. Cas. Smith's Leading Cases. 
 
 Sm. L. & T. Smith on Landlord and Tenant. 
 
 Sm,. Mast. <& S. Smith on Master and Servant. 
 
 Sm. (Me.). Smith's Reports, Maine. 
 
 Sm. Merc. L. Smith's Mercantile Law. 
 
 Sm. (N. H.). Smith's Reports, New Hampshire. 
 
 Stti. (N. Y.). Smith's Reports, New York Court 
 of Appeals Reports, vols. 15-27. 
 
 Sm.orSm.fP.F.) (Pa.). Smith's Reports, Penn- 
 sylvania State Reports, vols. 51-8L 
 
 Sm. Pat. Smith on Patents. 
 
 Sm. ProJ). L. Smith's Probate Law and Practice. 
 
 Sm. Real {£ P. Pr. Smith on Real and Personal 
 Property. 
 
 Sm. Bee. Smith's Law of Receivers. 
 
 Sm. Repar. Smith's Law of Reparation. 
 
 Sm-. Stat. L. Smith's Statutory and Constitutional 
 Law. 
 
 S-m. (Wis.). Smith's Reports, Wisconsin. 
 
 Sm. d B. R. R. Cas. or Sm. d B. Railw. Cas. 
 Smith and Bates's Railway Cases, American Courts. 
 
 Sm. & Bat. or Smi. t£- Bat. Smith & Batty's Irish 
 King's Bench Reports. 
 
 Sm. <& G. Smale & Giffard's English "Vice-Chan- 
 cellors' Reports; — Smith & Guthrie's Reports, vols. 
 81-101 Missouri Appeals. 
 
 Sm. d M. Smedes & Marshall's Mississippi Re- 
 ports. 
 
 Sm. & M. Ch. Smedes and Marshall's Chancery 
 Reports, Mississippi. 
 
 Sma. & Giff. Smale & Giffard's English Vice-Chan- 
 cellors' Reports. 
 
 S-male&Giff. Smale and Giffard's Reports, Eng- 
 lish Chancery. 
 
 Smed. d M. Smedes & Marshall's Mississippi Re- 
 ports. 
 
 Smed. d M. Ch. Smedes & Marshall's Mississippi 
 Chancery Reports. 
 
 Smedes dM. (Miss.). Smedes »& Marshall's Mis- 
 sissippi Reports. 
 
 Sm. d S. Dig. Vict. Smith & Skinner's Digest of 
 Victorian Reports. 
 
 Sm. d Sod. L. d T. Smith and Soden on Landlord 
 and Tenant. 
 
 Smedes d M. Smedes and Marshall's Reports, Mis- 
 sissippi Reports. 
 
 Smedes d M. Ch. Smedes and Marshall's Chan- 
 cery Reports, Mississippi. 
 
 Smith. See Sm. Smith's New Hampshire Re- 
 ports; Smith's Reports, vols. 2-4 Dakota;— J. P. 
 Smith's English King's Bench Reports;— Smith, in 
 continuation of Fox & Smith ;— Smith, English Reg- 
 istration ;— P. F. Smith's Pennsylvania State Re- 
 ports;— E. P. Smith's Reports, vols. 15-27 New York 
 Court of Appeals ;— B. D. Smith's New York Com- 
 mon Pleas Reports;— B. H. Smith's Reports, vols. 
 147-162 New York Court of Appeals;— Smith's Re- 
 ports, vols. 54-62 California;— Smith's Indiana Re- 
 ports ;— Smith's Reports, vols. 61-64 Maine ;— Smith's 
 Reports, vols. 1-11 Wisconsin;— E. B. Smith's Re- 
 ports, vols. 21-47 Illinois Appeals ;— Smith, Report- 
 er vols. 7, 12 Heiskell's Tennessee Reports;- Smith's 
 Reports, vols. 81-101 Missouri Appeals. 
 
 Smith, Act. Smith's Actions at Law. 
 
 Smith C. P. B. D. Smith's Common Pleas Re- 
 ports, New York. 
 
 Smith, Ch. Pr. Smith's Chancery Practice. 
 
 Smith, Cont. Smith on Contracts. 
 
 Smith de Rep. Angl. Smith (Sir Thomas), De Re- 
 publica Anglica [The Commonwealth of England 
 and the Manner of Government Thereof. 1621.] 
 
 Smith, Diet. Antiq. Smith's Dictionary of Greek 
 and Roman Antiquities. 
 
 Smith E.B. Smith's (R. H.) Reports, vols. 147- 
 162 New York Court of Appeals. 
 
 SmithE. P.OT SimthE. P.Ct.App. E. P. Smith's 
 Reports, vols. 15-27 New York Court of Appeals. 
 
 Smith Ind. Smith's Indiana Reports. 
 
 Brief MAK.f3D Ed.)— 39 
 
 Smith J. P. J. P. Smith's English King's Bench 
 Reports. 
 
 Smith L. C. Smith's Leading Cases. 
 
 Smith, Laws Pa. Smith's Laws of Pennsylvania. 
 
 Smith, Lead. Cas. Smith's Leading Cases. 
 
 Smith Me. Smith's Reports, vols. 61-64 Maine. 
 
 Smith, Merc. Law. Smith on Mercantile Law. 
 
 Smith N. H. Smith's New Hampshire Reports. 
 
 Smith N. Y. Smith's Reports, vols. 15-27 and 147- 
 162 New York Court of Appeals. 
 
 Smith P. F. or Smith P. P. Pa. P. F. Smith's Penn- 
 sylvania State Reports. 
 
 Smith, Wealth Nat. Smith, Inquiry into the Na- 
 ture and Causes of the Wealth of Nations. 
 
 Smith Wis. Smith's Reports, vols. 1-11 Wisconsin. 
 
 Smith d B. Smith & Batty's Irish King's Bench 
 Reports ;— Smith & Bates's American Railway Cases. 
 
 Svtith d B. R. R. C. Smith & Bates's American 
 Railway Cases. 
 
 Smith d G. Smith & Guthrie's Missouri Appeals 
 Reports. 
 
 Smoult. Notes of cases in Smoult's Collection of 
 Orders, Calcutta. 
 
 Smy. or Smythe. Smythe's Irish Common Pleas 
 Reports. 
 
 Sn. or Sneed. Sneed's Tennessee Reports;- Sneed's 
 Kentucky Decisions. 
 
 Sneed Dec. ov Sneed Ky. Sneed's Kentucky Deci- 
 sions. 
 
 SnellEq. Snell's Principles of Equity. 
 
 Snell, Eq. Snell's Principles in Equity. 
 
 Snoio. Snow's Reports, Utah. 
 
 Snoio Cas. Lnt. L. Snow's Cases on International 
 Law. 
 
 Snyder Rel. Corp. Snyder on Religious Corpora- 
 tions. 
 
 So. Alts. L. R. or So. Austr. L. B. South Australian 
 Law Reports. 
 
 So. Car. South Carolina ; — South Carolina Re- 
 ports. 
 
 So. Car. Const. South Carolina Constitutional Re- 
 ports (by Treadway, by Mill, or by Harper). 
 
 So. Car. L. J. South Carolina Law Journal, Co- 
 lumbia. 
 
 So. East. Bep. Southeastern Reporter. 
 
 So. L. J. Southern Law Journal and Reporter, 
 Nashville, Tenn. 
 
 So. L. B. Southern Law Review, Nashville, Tenn. 
 
 So. L. B. N. S. Southern Law Review, New Series, 
 St. Louis, Mo. 
 
 So. L. T, Southern Law Times. 
 
 So. Rep. Southern Reporter (commonly cited 
 South, or So.). 
 
 So. West. L. J. Southwestern Law Journal, Nash- 
 ville, Tenn. 
 
 So. West. Rep. Southwestern Reporter (commonly 
 cited S. W.). 
 
 Soc. Eeon. Social Economist. 
 
 Sol. Gen. Solicitor General. 
 
 Sol. J. Solicitor's Journal, London. 
 
 Sol. J. d R. Solicitors' Law Journal and Report- 
 er, London. 
 
 Somn. Gavellcind or Somner. Somner on Gavel- 
 kind. 
 
 Sou. Aus. L. R. South Australian Law Reports. 
 
 South. Southard's Reports, New Jersey Law. 
 
 South. Southern Reporter. 
 
 So2ith Car. South Carolina. 
 
 South. L. J. d Rep. Southern Law Journal and 
 Reporter, Nashville, Tenn. 
 
 South. L. Bev. Southern Law Review, Nashville, 
 Tenn. 
 
 South. L. Bev. N. 8. Southern Law Review, New 
 Series, St. Louis, Mo. 
 
 Southard. Southard's New Jersey Reports. 
 
 Southxo. L. J. Southwestern Law Journal and Re- 
 porter. 
 
 Sp. Spink's English Ecclesiastical and Admiralty 
 Reports;— Spears's South Carolina Law Reports. 
 
 Sp. A. Special Appeal. 
 
 Sp. Ch. or Sp. Eq. Spears's South Carolina Equity 
 Reports. 
 
 Sp. Laios. Spirit of Laws, by Montesquieu. 
 
 Sp. Pr. Cas. Spink's Prize Cases. 
 
 Sp. T. Special Term. 
 
 Sp, d Sel. Cas. Special and Selected Law Cases. 
 
610 
 
 Appendix. 
 
 (Part VI 
 
 Sparks. Sparks's Reports, British Burmah. 
 Spaulding. Spaulding's Reports, vols. 71-80 Maine. 
 Spear. Spear's Reports, South. Carolina. 
 Spear Ch. or Spear Eq. Spear's Chancery Reports, 
 South Carolina. 
 Spear Extr. Spear's Law of Extradition. 
 Spears Eq. or Speers Eq. Spears's (or Speers's) 
 South Carolina Equity Reports. 
 Spel. Spelman's Glossary, 
 Spel. Feud or Spel. Feuds. Spelman on Feuds. 
 Spel. Rep. Spelman's Reports, Manuscript, Eng- 
 lish King's Bench. 
 Spelman. Spelman, Glossarium Archaiologicum. 
 Spenc. Spencer's Reports, New Jersey Law, 
 Spenc. (Minn.). Spencer's Reports, Minnesota. 
 Spence, Ch. Spence's Equitable Jurisdiction of the 
 Court of Chancery. 
 
 Spence, Eq. Jur. Spence's Equitable Jurisdiction 
 of the Court of Chancery. 
 Spence Or. L. Spence's Origin of Laws. 
 Spencer. Spencer's New Jersey Reports; — Spen- 
 cer's Reports, vols. 10-20 Minnesota. 
 Spens Sel. Gas. Spens's Select Cases, Bombay. 
 Spink. Spink's Reports, English Admiralty and 
 Ecclesiastical. 
 Spink P. C. Spink's Prize Cases, English. 
 Spinks. Spinks's English Ecclesiastical and Ad- 
 miralty Reports. 
 Spinks, P. C. Spinks's English Prize Cases. 
 Spoon, or Spooner. Spooner's Reports, Wisconsin, 
 vols. 12-15. 
 
 Spott. Spottiswoode's Reports, Scotch Court of 
 Session. 
 
 Spott. C. L. Rep. Spottiswoode's Common Law Re- 
 ports. 
 
 Spott. Eq. Rep. Spottiswoode's English Equity Re- 
 ports. 
 Spott. St. Spottiswoode's Styles, Scotland. 
 Spottis. Sir R. Spottiswoode's Reports, Scotch 
 Court of Session. 
 
 Spottis. C. L. & Eq. Rep. Common Law and Equi- 
 ty Reports, published by Spottiswoode. 
 
 Spr. or Sprague. Sprague's United States District 
 Court (Admiralty) Decisions. 
 
 St. State; — Story's United States Circuit Court 
 Reports (see Sto.) ;— -Stair's Scotch Court of Session 
 Reports ;— Stuart's (Milne & Peddie) Scotch Session 
 Cases ;~Statutes ;— Statutes at Large. 
 St. Abm. Statham's Abridgment. 
 St. Armand. St. Armand on the Legislative Pow- 
 er of England. 
 St. at Large. South Carolina Session Laws. 
 St. Gas. Stillingfleet's Ecclesiastical Cases, Eng- 
 lish. 
 St. Ch. Cas. Star Chamber Cases. 
 St. Clem. St. Clement's Church Case, Philadel- 
 phia. 
 
 St. Ecc. Cas. or St. Eccl. Gas. Stillingfleet's Eccle- 
 siastical Cases, English. 
 St. Inst. Stair's Institutes of the Law of Scotland. 
 St. Mark or St. Marks. St. Mark's Church Case, 
 Philadelphia. 
 St. Marlb. Statute of Marlbridge. 
 St. Mert. Statute of Merton. 
 St. M. & P. Stuart, Milne & Peddie, Scotch. 
 St. P. State Papers. 
 
 St. Rep. State Reports;— State Reporter. 
 St. Tr. or St. Tri. State Trials. 
 St. Westm. Statute of Westminster. 
 Stafford. Stafford's Reports, vols. 69-71 Vermont. 
 Stair. Stair's Reports, Scotch Court of Session. 
 Stair Inst. Stair's Institutes of the Laws of Scot- 
 land. 
 
 Stair Pr. Stair's Principles of the Laws of Scot- 
 land. 
 
 Stant. or Stanton. Stanton's Reports, Ohio, vols. 
 11-13. 
 Star. Starkie's English Nisi Prius Reports. 
 Star Ch. Ga. or Star Ch. Cas. Star Chamber Cases. 
 Stark. Gr. L. Starkle on Criminal Law. 
 Stark. Cr. PI. Starlde on Criminal Pleading. 
 Stark. Ev. Starkie on Evidence. 
 Stark. Jury Tr. Starkie on Trial by Jury. 
 Stark. N. P. Starkie's Reports, Engli.'^h Nisi Prius. 
 Stark. Slan. Starkie on Slander and Libel. 
 Starkie. Ev. Starkie on Evidence. 
 
 Stat. Statute. 
 
 Stat, at L. or Stat, at L. U. S. Statutes at Large. 
 Stat. Glo. Statute of Gloucester. 
 Stat. 3Ia7-l. Statute of Marlbridge. 
 Stat. Mer. Statute of Merton. 
 Stat. Westm,. Statute of Westminster. 
 Stat. Winch. Statute of Winchester. 
 State Tr. State Trials. 
 
 Statu. Abr. Statham's Abridgment of the Law. 
 Staundef. Staundeforde, Exposition of the King's 
 Prerogative. 
 Staundef. P. C. Staundeforde, Les Plees del Coron. 
 Staunf. P. C. d Pr. Staunforde's Pleas of the 
 Crown and Prerogative, 
 
 Stearns R. A. or Stearns, Real Act. Stearns on Real 
 Actions, 
 
 Steph. Com. or Steph. Comm. Stephen's Commen- 
 taries on English Law. 
 
 Steph. Const. Stephens on the English Constitu- 
 tion, 
 
 Steph. Gr. L. Stephen on Criminal Law. 
 
 Steph. Grim. Dig. Stephen's Digest of the Crim- 
 inal Law. 
 
 Steph, Dig. Stephen's Digest, New Brunswick Re- 
 ports. 
 
 Steph. Elect. Stephens on Elections. 
 
 Steph. Ev. Stephen's Digest of Evidence. 
 
 Steph. Lect. Stephen, Lectures on History of 
 Prance. 
 
 Steph. N. P. Stephens's Nisi Prius. 
 
 Steph. PL Stephen on Pleading. 
 
 Stev. Dig. Stevens's New Brunswick Digest. 
 
 Stev. d Ben. Av. Stevens and Benecke on Average 
 and Insurance. 
 
 Stevens & G. Stevens & Graham's Reports, vols, 
 98-139 Georgia. 
 
 Stew. Stewart's Alabama Reports; — Stewart's 
 New Jersey Equity Reports ;— Stewart's (R. W.) Re- 
 ports, vols. 1-10 South Dakota. 
 
 Stew. (Ala.). Stewart's Reports, Alabama. 
 
 Stew. Adm. Stewart's Vice- Admiralty Reports, 
 Nova Scotia. 
 
 Stew. Eq. Stewart's Reports, vols, 28-45 New Jer- 
 sey Equity. 
 
 Steiv. (N. J.) . Stewart's Reports, New Jersey 
 Equity Reports, vols. 28-45. 
 
 Steio. N. Sc. Stewart's Admiralty Reports, Nova 
 Scotia. 
 
 Stew. V. A. Stewart's Vice-Admiralty Reports, 
 Nova Scotia. 
 
 Stew. t£- P. or Steio. £ Port. Stewart & Porter's 
 A.labama Reports. 
 
 Stiles. Stiles's Reports, Iowa. 
 
 Still. Eccl. Gas. or Stillingfi. Ecc. Stillingfleet's Ec- 
 clesiastical Cases. 
 
 Stim. Gloss, or Stim. Law Gloss. Stimsou's Law 
 Glossary. 
 
 Stimson. Stimson's Law Glossary. 
 
 Stiness. Stiness's Reports, vols. 20-34 Rhode Is- 
 land. 
 
 Sto. or Sto. C. C. Story's United States Circuit 
 Court Reports. 
 
 Sto. d H. Gr. Ab. Storer and Heard on Criminal 
 Abortion. 
 
 Stock. Stockton's New Jersey Equity Reports ;— 
 Stockton, New Brunswick (same as Berton's Re- 
 ports). 
 
 Stock. (Md.). Stockett's Reports, Maryland. 
 
 Stock Non Com.. Stock on the Law of Non Com- 
 potes Mentis. 
 
 Stockett. Stockett's Reports, vols. 27-79 Maryland. 
 
 Stockt. Ch. Stockton's New Jersey Chancery Re- 
 ports. 
 
 Stokes L. of A. Stokes on Liens of Attorneys. 
 
 Stone B. B. S. Stone on Benefit Building Societies. 
 
 Storer d H. Cr. Ah. Storer and Heard on Crim- 
 inal Abortion. 
 
 Story. Story's United States Circuit Court Re- 
 ports. See, also, Sto. 
 
 Story Ag. Story on Agency. 
 
 Story Bailm. Story on Bailments. 
 
 Story Bills. Story on Bills. 
 
 Story Comm-. Story's Commentaries. 
 
 Story Confl. L. or Story, Confl. Laws. Story on Con- 
 flict of Laws, 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 611 
 
 story Const. Story on the Constitution. 
 Story Cont. or Story Contr. Story on Contracts. 
 Story Eq. Jur. Story's Equity Jurisprudence. 
 Story Eq. PI. Story's Equity Pleading. 
 Story Laws or Story L. U. S. Story's Laws of the 
 United States. 
 Story Part, or Story Partn. Story on Partnership. 
 Story Prom. N. or Story Prom. Notes. Story on 
 Promissory Notes. 
 
 Story Sales. Story on Sales of Personal Property. 
 - Story, U. S. Laios. Story's Laws of the United 
 States. 
 Str. Strange's English King's Bench Reports. 
 Str. Cos. Ev. or Str. 8vo. Strange's Cases of Evi- 
 dence ("Octavo Strange"). 
 Str. H. L. Strange's Hindoo Laws. 
 Str. N. C. Strange's Notes of Cases, Madras. 
 Stra. Strange;— Strange's Reports, English Courts. 
 Straac. de Mer. Straacha de Mercatura, Navibus 
 Assecurationibus. 
 
 Strah. Dom. Strahan's Translation of Domat's 
 Civil Law. 
 Strahan. Strahan's Reports, vol. 19 Oregon. 
 Stran. Strange. 
 
 Strange. Strange's Reports, English Courts. 
 Strange, Madras. Strange's Notes of Cases, Ma- 
 dras. 
 
 Stratton. Stratton's Reports, vols. 12-14, 19 Ore- 
 gon. 
 Strings. Stringtellow's Reports, Missouri. 
 Stringfellow. Stringfellow's Reports, vols. 9-11 
 Missouri. 
 Strob. Strobhart's Law Reports, South Carolina. 
 Stro6. Ch. or Strob. Eq. Strobhart's Equity Re- 
 ports, South Carolina. 
 
 Struve. Struve's Reports, vol. 3 'Washington Ter- 
 ritory. 
 
 Stu. Stuart, Milne and Peddie's Reports, Scotch 
 Court of Session. 
 
 Stu. Adm. Stuart's Lower Canada 'Vice-Admiralty 
 Reports. 
 
 Stu. Ap. Stuart's Appeal Cases (Lower Canada 
 King's Bench Reports). 
 
 Stu. K. B. or Stu. L. C. Stuart's Reports, Lower 
 Canada King's Bench. 
 
 Stu. Mil. & Fed. Stuart, Milne & Peddie's Scotch 
 Court of Session Reports. 
 
 Stu. M. & P. Stuart, Milne and Peddie's Reports, 
 Scotch Court of Session. 
 
 Stu. y. A. Stuart's "Vice-Admiralty Reports, Low- 
 er Canada. 
 
 Stuart. Stuart's Lower Canada King's Bench Re- 
 ports ; — Stuart's Lower Canada "Vice-Admiralty Re- 
 ports ; — Stuart, Milne & Peddie's Scotch Court of 
 Session Reports. 
 
 Stuart L. C. K. B. Stuart's Lower Canada King's 
 Bench Reports. 
 
 Stuart L. C. V. A. Stuart's Lower Canada 'Vice- 
 Admiralty Reports- 
 
 Stud. Hist. Studies in History, Economics and 
 Public Law. 
 Sty. Style's English King's Bench Reports. 
 Sty. Pr. Reg. Style's Practical Register. 
 Sud. Dew. Ad. or Sud. Dew. Adul. Sudder Dewanny 
 Adawlut Reports, India. 
 
 Sud. Dew. Rep. Sudder Dewanny Reports, N. W. 
 Provinces, India. 
 Sugd. Est. Sugden on the Law of Estates. 
 Sugd. Pow. or Sugd. Powers. Sugden on Powers. 
 Sugd. Pr. Sugden on the Law of Property. 
 Sugd. Pr. St. Sugden on Property Statutes. 
 Sugd. Tend, or Sugd. Vend. & P. Sugden on Ven- 
 dors and Purchasers. 
 
 Sull. hand Tit. Sullivan on Land Titles in Massa- 
 chusetts. 
 
 Sull. Lect. Sullivan's Lectures on Constitution 
 and Laws of England. 
 
 Sum. Summa, the summary of a law ;— Sumner's 
 United States Circuit Court Reports. 
 Sum. Tes. Sumner's Edition of "Vesey's Reports. 
 Summ. Dec. Summary Decisions, Bengal. 
 Summerfield, S. Summerfield's (S.) Reports, vol. 21 
 Nevada. 
 
 Sumn. Sumner's Reports, U. S. Circuit Court, 
 1st Circuit. 
 
 Sumn. Tes. Sumner's Edition of "Vesey's Reports. 
 Sup. Superseded ;— Superior ;— Supreme ;— Supple- 
 ment. 
 
 Sup. Ct. or Sup. Ct. Rep. Supreme Court Reporter 
 of Decisions of United States Supreme Court. 
 Super. Superior Court ;— Superior Court Reports. 
 Supp. Supplement;— New York Supplement Re- 
 ports. 
 
 Supp. Tes. Jun. or Supp. Tes. Jr. Supplement to 
 Vesey, Jr.'s Reports. 
 Supr. Supreme ;— Superior Court Reports. 
 Supr. Ct. Rep. Federal & Supreme Court Report- 
 er. All the Federal Courts. 
 Surr. Surrogate. 
 
 Susq. L. C. Susquehanna Leading Chronicle. 
 Suth. Sutherland's Reports, Calcutta. 
 Suth. Bengal. Sutherland's High Court Reports, 
 Bengal. 
 Snth. Dam. Sutherland on the Law of Damages. 
 Suth. F. B. R. Sutherland's Pull Bench Rulings, 
 Bengal. 
 
 Suth. P. C. A. or Suth. P. C. J. Sutherland's Privy 
 Council Judgments or Appeals. 
 
 Suth. W. R. or Suth. W. Rep. Sutherland's 'Weekly 
 Reporter, Calcutta. 
 
 Sw. Swanston's English Chancery Report? ;— 
 Swabey's English Admiralty Reports ;— Sweeney's 
 New York Superior Court Reports ;— Swan's Tennes- 
 see Reports ;— Swinton's Scotch Justiciary Cases ;— 
 Swan ;— Sweet ;— Swift. 
 
 Swab, or Sioab. Adm. or Swab. Admr. Swabey's 
 Admiralty Reports, English. 
 
 Swab. & Tr. or Sioab. ct- Trist. Swabey and Trist- 
 ram's Reports, English Probate and Divorce. 
 
 Swan. Swan's Tennessee Reports ;— Swanston's 
 English Chancery Reports. 
 Swan'Iil. Swan's Revised Statutes of Ohio, 1841. 
 Sloan '54. Swan's Revised Statutes of Ohio, 1854. 
 Swan. Ch. Swanston's English Chancery Reports. 
 Swan Ece. Cas. Swan on the Jurisdiction of Ec- 
 clesiastical Courts. 
 Swan Just. Swan's Justice. 
 SwanPl.dPr. Swan's Pleading and Practice. 
 Swan Pr. Swan's Practice. 
 Sloan Tr. Swan's Treatise, Ohio. 
 Sloans. Swanston's Reports, English Chancery. 
 Swans, or Swanst. Swanston's English Chancery 
 Reports. 
 
 Sween. or Sweeney. Sweeney's New York Superior 
 Court Reports, vols. 31, 32. 
 
 Sweet. Sweet's Law Dictionary ;— Sweet on the 
 Limited Liability Act ;— Sweet's Marriage Settlement 
 Cases ;— Sweet's Precedents in Conveyancing ;— Sweet 
 on Wills. 
 
 Sweet M. Sett. Cas. Sweet's Marriage Settlement 
 Cases. 
 
 Sweet Pr. Conv. Sweet's Precedents in Convey- 
 ancing. 
 Swift Dig. Swift's Digest, Connecticut. 
 Swift Sys. Swift's System ot the Laws of Con- 
 necticut. 
 
 Swin. or Swin. Jus. Cas. Swinton's Scotch Justici- 
 ary Cases. 
 
 Swin. Reg. App. Swinton's Scotch Registration Ap- 
 peal Cases. 
 Swinb. Des. Swinburne on the Law of Descents. 
 Sicinb. Mar. Swinburne on Marriage. 
 Swinb. Spo. Swinburne on Spousals. 
 Swinb. Wills. Swinburne on "Wills. 
 Swint. Swinton's Justiciary Cases, Scotland. 
 Syd. App. Sydney on Appeals. 
 Syme. Syme's Justiciary Cases, Scotland. 
 Syn. Ser. Synopsis Series of the U. S. Treasury 
 Decisions. 
 
 T. Territory; — Tappan's Ohio Reports; — Tempore; 
 —Title ;— Trinity Term. 
 
 T. B. Mon. or T. B. Monr. T. B. Monroe's Kentucky 
 Reports. 
 
 T. B. d M. Tracewell, Bowers & Mitchell, United 
 States Comptroller's Decisions, 1898. 
 T. E. R. Tempore Regis Edwardi. 
 T. Jones or 2 Jones. T. Jones's English King's 
 Bench and Common Pleas Reports. 
 T. L. Termes de la Ley. 
 T. L. R. Times Law Reports. 
 
612 
 
 Appendix. 
 
 (Part VI 
 
 T. R. Term Reports, Durnford & Bast ;— Teste 
 Rege ; — Dayton Term Reports. 
 
 T. R. E. or T. E. R. Tempore Regis Edwardi. 
 
 T,R. (N. Y.). Gaines's (Term) Reports, New York. 
 
 T. R. N. S. Term Reports, New Series (East's Re- 
 ports). 
 
 T. Raym. T. Raymond's Reports, English King's 
 Bench. 
 
 T. T. Trinity Term. 
 
 T. T. R. Tarl Town Reports, New South Wales. 
 
 T. U. F. Charlt. T. XJ. P. Charlton's Reports, Geor- 
 gia. 
 
 T. & C. Thompson and Cook's Reports, New York 
 Supreme Court. 
 
 T. d G. Tyrwhitt and Granger's Reports, English 
 Exchequer. 
 
 T. & M. Temple & Mew's Crown Cases, English. 
 
 T. d P. Turner and Phillips's Reports, English 
 Chancery. 
 
 T. d R. Turner and Russell's Reports, English 
 Chancery. 
 
 Tait. Tait*s Manuscript Decisions, Scotch Session 
 Cases. 
 
 Tait Ev. Tait on Evidence. 
 
 Tal. or TalJ}. Cases tempore Talbot, English Chan- 
 cery. 
 
 TaTTi. Tamlyn's English Rolls Court Reports. 
 
 Taml. Tamlyn's Reports, English Chancery. 
 
 Taml. Ev. Tamlyn on Evidence. 
 
 Taml. T. Y. Tamlyn on Term of Years. 
 
 Tan. or Tan. Dec. or Taney. Taney's Decisions, by 
 Campbell, United States Circuit Court, 4th Circuit. 
 
 Tann. or Tanner. Tanner's Reports, vols. 8-14 In- 
 diana ; — Tanner's Reports, vols. 13-17 Utah. 
 
 Tap. Tappan's Nisi Prius Reports, Ohio. 
 
 Tap. C. M. Tapping's Copyholder's Manual. 
 
 Tap. Man. Tapping on the "Writ of Mandamus. 
 
 Tapp. Tappan's Nisi Prius Reports, Ohio. 
 
 Tapp M. d G. Tapp on the Law of Maintenance 
 and Champerty. 
 
 Tarl. Term R. Tarleton's Term Reports, New 
 South Wales. 
 
 Tas.-Lang. Const. His. Taswell-Langmead's Con- 
 stitutional History of England. 
 
 Taun. or Taunt. Taunton's English Common Pleas 
 Reports. 
 
 Tax Law Rep. Tax Law Reporter. 
 
 Tay. Taylor (see Taylor) ;— Taylor's Reports, On- 
 tario. 
 
 Tay. J. L. or Tay. N. C. J. L. Taylor's North Caro- 
 lina Reports. 
 
 Tay. U. C. Taylor's Upper Canada Reports. 
 
 Tay. d B. Taylor & Bell's Bengal Reports. 
 
 Tayl. Bank. L. Taylor on the Bankruptcy Law. 
 
 Tayl. Civ. L. or Tayl. Civil Law. Taylor on Civil 
 Law. 
 
 Tayl. Ev. Taylor on Evidence. 
 
 Tayl. Gloss. Taylor's Law Glossary. 
 
 Tayl. Gov. Taylor on Government. 
 
 Tayl. Hist. Gav. Taylor (Silas), History of Gavel- 
 kind. 
 
 Tayl. (J. L.). Taylor's Reports, North Carolina 
 Term Reports. 
 
 Tayl. L. d T. Taylor on Landlord and Tenant. 
 
 Tayl. Law Glos. Taylor's Law Glossary. 
 
 Tayl. Med. Jur. Taylor's Medical Jurisprudence. 
 
 Tayl. Pais. Taylor on Poisons. 
 
 Tayl. (U. C). Taylor's Reports, Upper Canada 
 King's Bench. , 
 
 Tayl. Wills. Taylor on Wills. 
 
 Taylor. Taylor's North Carolina Reports ; — Tay- 
 lor's Upper Canada Reports ; — Taylor's Bengal Re- 
 ports. 
 
 Taylor U. C. Taylor's King's Bench Reports, Up- 
 per Canada (now Ontario). 
 
 Tech. Diet. Crabb's Technological Dictionary. 
 
 Teclin. Diet. Crabb's Technological Dictionary. 
 
 J'el. The Telegram, London. 
 
 Temp. Tempore (in the time of). 
 
 Temp. Geo. II. Cases in Chancery tetnpore George 
 II. 
 
 Temp, d M. Temple & Mew's English Crown Cases. 
 
 Ten. Gas. Thompson's Unreported Cases, Tennes- 
 see ;— Shannon's Cases, Tennessee. 
 
 Tenn. Tennessee ;— Tennessee Reports (Overton's). 
 
 Tenn. Ch. Tennessee Chancery Reports (Cooper's). 
 
 Tenn. Leg. Rep. Tennessee Legal Reporter, Nash- 
 ville. 
 
 Term. Term Reports, English King's Bench 
 (Durnford and East's Reports). 
 
 Term, N. C. Term Reports, North Carolina, by 
 Taylor. 
 
 Term R. Term Reports, English King's Bench 
 (Durnford & East's Reports). 
 
 Termes de la Ley. Les Termes de la Ley. 
 
 Terr. Territory ; — Terrell's Reports, vols. 52-71 
 Texas. 
 
 Terr, d Wal. or Terr. & Walh. Terrell and Walk- 
 er's Reports, Texas Reports, vols. 38-51. 
 
 Tex. Texas ;— Texas Reports. 
 
 Tex. App. Texas Court of Appeals Reports (Crim- 
 inal Cases) ; — Texas Civil Appeals Cases. 
 
 Tex. Civ. App. or Tex. Civ. Rep. Texas Civil Ap- 
 peals Reports. 
 
 Tex. Cr. App. Texas Criminal Appeals. 
 
 Tex. Grim. Rep. Texas Criminal Reports. 
 
 Tex. Ct. Rep. Texas Court Reporter. 
 
 Tex. L. J. Texas Law Journal, Tyler, Texas. 
 
 Tex. Supp. Supplement to vol. 25, Texas Reports. 
 
 Tex. Unrep. Cas. Texas Unreported Cases, Su- 
 preme Court. 
 
 Th. Thomas (see Thom.) ; — Thomson (see Thom.) ; 
 — Thompson (see Thomp.). 
 
 Th. B. d N. Thomson on Bills and Notes. 
 
 Th. Br. Thesaurus Brevium. 
 
 Th. C. Theodon Capitula et Pragmenta. 
 
 Th. C. C. Thacher's Criminal Cases, Massachu- 
 setts. 
 
 Th. C. Const. Law. Thomas's Leading Cases in 
 Constitutional Law. 
 
 Th. Dig. Theloall's Digest. 
 
 Th. Ent. Thompson's Entries. 
 
 Th. d C. Thompson & Cook's New York Supreme 
 Court Reports. 
 
 Thac. Cr. Cas. or Thach. Cr. Cas. Thacher's Crim- 
 inal Cases, Massachusetts. 
 
 Thayer. Thayer's Reports, vol. 18 Oregon. 
 
 Thayer Cas. Ev. Thayer's Select Cases on Evi- 
 dence. 
 
 Thayer Cont. L. Thayer's Cases on Constitutional 
 Law. 
 
 The Rep. The Reporter ;— The Reports (Coke's 
 Reports). 
 
 Them. La Themis, Montreal, Quebec ;— The Amer- 
 ican Themis, New York. 
 
 Themis. The American Themis, New York. 
 
 Theo. Pr. d S. Theobald on Principal and Surety. 
 
 Theo. Wills. Theobald on Construction of Wills. 
 
 Thes. Brev. Thesaurus Brevium. 
 
 Tho. Thomas (see Thom.) ;— Thomson (see 
 Thom.) ;— Thompson (see Thomp.). 
 
 Thom. Thomson's Reports, Nova Scotia ; — Thom- 
 as's Reports, vol. 1 Wyoming. 
 
 Th07n. Bills. Thomson on Bills and Notes. 
 
 Thom. Co. Litt. Thomas's Edition of Coke upon 
 Littleton. 
 
 Thom. Const. L. Thomas's Leading Cases on Con- 
 stitutional Law. 
 
 Thom. Dec. 1 Thomson, Nova Scotia Reports. 
 
 Thom. L. C. Thomas's Leading Cases on Constitu- 
 tional Law. 
 
 3'/iam. Mort. Thomas on Mortgages. 
 
 Thom. Rep. 2 Thomson, Nova Scotia Reports. 
 
 Thom. Sc. Acts. Thomson's Scottish Acts. 
 
 Thom. Sel. Dec. Thomson's Select Decisions, Nova 
 Scotia. 
 
 Thom. U. Jur. Thomas on Universal Jurispru- 
 dence. 
 
 Thom. (Wy.J. Thomas's Reports, Wyoming. 
 
 Thom. d Fr. Thomas & Franklin's Reports, Mary- 
 land Ch. Dec, vol. 1. 
 
 Thomas. Thomas's Reports, Wyoming Territory. 
 
 Thomas, Mortg. Thomas on Mortgages. 
 
 Thomp. B. B. S. Thompson on Benefit Building 
 Societies. 
 
 Thomp. (Cal.). Thompson's Reports, California 
 Reports, vols. 39-40. 
 
 Thomp. Car. Thompson on Carriers. 
 
 Thomp. Ch. Jury. Thompson on Char£.'ng the Jury. 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 613 
 
 Thomp. at. Thompson's Citations, Ohio ; — Indi- 
 ana. 
 
 Thomp. Corp. Thompson on Corporations. 
 
 Thomp. Ent. Thompson's Entries. 
 
 Thomp. High. Thompson on the Law of High- 
 ways. 
 
 Thomp. nom,e. d Exem. Thompson on Homestead 
 and Exemption. 
 
 Thomp. Liah. Off. Thompson's Cases on Liability 
 of Officers of Corporations. 
 
 Thomp. Liab. Stockh. Thompson on Liability of 
 Stockholders. 
 
 Thomp. N. B. Cas. Thompson's National Bank 
 Cases. 
 
 ThoTnp. (N. S.J. Thompson's Reports, Nova Sco- 
 tia. 
 
 Thomp. Neg. Thompson's Cases on Negligence. 
 
 Thomp. Rem. Thompson's Provisional Remedies. 
 
 Thomp. Tenn. Cas. Thompson's Unreported Ten- 
 nessee Cases. 
 
 Thomp. & C. Thompson & Cook's New York Su- 
 preme Court Reports. • 
 
 Thom,pson. Thompson's Reports, vols. 39, 40 Cal- 
 ifornia ; — Thompson's Nova Scotia Reports. 
 
 Thar. Thorington's Reports, vol. 107 Alabama. 
 
 Thorn. Thornton's Notes of Cases Ecclesiastical 
 and Maritime, English. 
 
 Thorn. Conv. Thornton's Conveyancing. 
 
 Thorpe. Thorpe's Reports, vol. 52 Louisiana An- 
 nual. 
 
 Thos. Thomas (see Thom.). 
 
 Throop Ag. or Throop V. Ag. Throop on Verbal 
 Agreements. 
 
 Tich. Tr. or Tichb. Tr. Report of the Tlchhorne 
 Trial, London. 
 
 Tldd. Tidd's Costs;— Tidd's Practice. 
 
 TiddPr. Tidd's Practice. 
 
 TiddPr. Tidd's Practice in the King's Bench. 
 
 Tiff. Tiffany's Reports, vols. 28-39 New York 
 Court of Appeals. 
 
 Tiff. Tiffany's Reports, New York Court of Ap- 
 peals Reports, vols. 28-39. 
 
 Tiff. <e B. Tr. Tiffany and BuUard on Trusts and 
 Trustees. 
 
 Tiff, d S. Pr. Tiffany and Smith's Practice, New 
 York. 
 
 Tiffany. Tiffany's Reports, vols. 28-39 New York 
 Court of Appeals. 
 
 Till. Prec. Tillinghast's Precedents. 
 
 Till, d Sh. Pr. Tillinghast and Shearman's Prac- 
 tice. 
 
 Till, d Yates App. Tillinghast and Yates on Ap- 
 peals. 
 
 Tillman. Tillman's Reports, vols. 68, 69, 71, 73, 75 
 Alabama. 
 
 Times L. R. Times Law Reports. 
 
 Tinw. Tinwald's Reports, Scotch Court of Ses- 
 sion. 
 
 Tit. Title. 
 
 To. Jo. Sir Thomas Jones's English King's Bench 
 Reports. 
 
 Tobey. Tobey's Reports, vols. 9-10 Rhode Island. 
 
 Toll. Ex. . Toller on Executors. 
 
 TomJc. Inst, or Tomk. R. L. Tompkins's Institutes 
 of Roman Law. 
 
 Tomk. d J. R. L. Tompkins and Jeckens's Roman 
 Law. 
 
 Tomkins d J. Mod. Rom. Law. Tomkins & Jenck- 
 en. Compendium of the Modern Roman Law. 
 
 Toml. or Toml. Cas. Tomlins's Election Evidence 
 Cases. 
 
 Toml. L. D. Tomlin's Law Dictionary. 
 
 Toml. Supp. Br. Tomlin's Supplement to Brown's 
 Parliamentary Cases. 
 
 Tor. Deb. Torbuck's Reports of Debates. 
 
 Tot. or Toth. Tothill's English Chancery Reports. 
 
 Touch. Sheppard's Touchstone. 
 
 Toull. or Toull. Dr. Civ. or Toull. Droit Civil Fr. 
 or Toullier^ Dr. Civ. Fr. "Toullier's Droit Civil 
 Frangais. 
 
 Town. SI. d L. Townshend on Slander and Libel. 
 
 Town. St. Tr. Townsend's Modern State Trials. 
 
 Town. Sum. Proc. Townshend's Summary Proceed- 
 ings by Landlords against Tenants. 
 
 Townsh. PI. Townshend's Pleading. 
 
 Tr. Translation; — Translator, 
 
 Tr. App. New York Transcript Appeals. 
 
 Tr. Ch. Transactions of the High Court of Chan- 
 cery (Tothill's Reports). 
 
 Tr. Eq. Treatise of Equity, by Fonblanque. 
 
 Tr. d H. Pr. Troubat and Haly's Practice, Penn- 
 sylvania. 
 
 Tr. d H. Prec. Troubat and Haly's Precedents of 
 Indictments. 
 
 Trace. & M.. Tracewell and Mitchell, United States 
 Comptroller's Decisions. 
 
 Traill Med. Jur. Traill on Medical Jurisprudence. 
 
 Train d II. Prec. Train and Heard's Precedents 
 of Indictments. 
 
 Traite dii Mar. Pothier, Traits du Contrat de 
 Mariage. 
 
 Trans. App. Transcript Appeals, New York. 
 
 Trat. Jur. Mer. Tratade de Jurisprudentia Mer- 
 cantil. 
 
 Trav. Tw. L. of N. Travers Twiss on the Law of 
 Nations. 
 
 Tray. hat. Max. or Leg. Max. Trayner, Latin Max- 
 ims and Phrases, etc. 
 
 Tread, or Tread. Const. (S. C). Treadway's South 
 Carolina Constitutional Reports. 
 
 Treb. Jur. de laMed. Trebuchet, Jurisprudence de 
 la Medecine. 
 
 Tred. Tredgold's Reports, Cape Colony. 
 
 Trem. Tremaine's Pleas of the Crown. 
 
 Trev. Tax. Sue. Trevor on Taxes on Succession. 
 
 Tri. Bish. Trial of the Seven Bishops. 
 
 Tri. E. of Cov. Trial of the Earl of Coventry. 
 
 Tri. per Pais. Trials per Pais. 
 
 Trib. Civ. Tribunal Civil. 
 
 Trib. de Com. Tribunal de Commerce. 
 
 Trin. or Trin. T. Trinity Term. 
 
 Tripp. Tripp's Reports, vols. 5-6 Dakota. 
 
 Tristram,. Tristram's Supplement to vol. 4 Swa- 
 bey & Tristram. 
 
 Trop. Dr. Civ. Troplong's Droit Civil. 
 
 Troult. Lim. Part, or Troub. Lim. Partn. Troubat 
 on Limited Partnerships. 
 
 Troub. d H. Pr. Troubat and Haly's Practice, 
 Pennsylvania. 
 
 Tru. Railw. Rep. Truman's Railway Reports. 
 
 True. Trueman's New Brunswick Reports and 
 Equity Cases. 
 
 Tuck. Tucker's New York Surrogate Reports; — 
 Tucker's Select Cases, Newfoundland; — Tucker's 
 Reports, vols. 156-175 Massachusetts ; — Tucker's Dis- 
 trict of Columbia Appeals Reports. 
 
 Tuck. Bla. Com. Blackstone's Commentaries, by 
 Tucker. 
 
 Tuck. Lect. Tucker's Lectures. 
 
 Tuck. PI. Tucker's Pleadings. 
 
 Tuck. Scl. Cas. Tucker's Select Cases, Newfound- 
 land Courts. 
 
 Tuck. Surr. Tucker's Surrogate Reports, City of 
 New York. 
 
 Tuck, d CI. Tucker and Clephane's Reports, D. of 
 Col., vol. 2L 
 
 Tud. Cas. Merc. Law. Tudor's Leading Cases on 
 Mercantile Law. 
 
 Tud. Cas. R. P. Tudor's Leading Cases on Real 
 Property. 
 
 Tud. Char. Tr. or Tud. Char. Trusts. Tudor on 
 Charitable Trusts. 
 
 Tud. L. Cas. or Tud. L. Cas. M. L. Tudor's Lead- 
 ing Cases on Mercantile Law. 
 
 Tud. L. Cas. R. P. Tudor's Leading Cases on Real 
 Property. 
 
 Tudor, Lead. Cas. Real Prop. Tudor's Leading 
 Cases on Real Property. 
 
 Tup. App. Tupper's Appeal Reports, Ontario. 
 
 Tupper. Tupper's Reports, Ontario Appeals; — 
 Tupper's Upper Canada Practice Reports. 
 
 Tur. Turner & Russell's English Chancery Re- 
 ports. 
 
 Turn. Turner's Reports, vols. 99-101 Kentucky ; — 
 Turner's Reports, vols. 35, 48 Arkansas. 
 
 Turn, Anglo Sax. Turner, History of the Anglo 
 Saxons. 
 
 Turn. (Ark.). Turner's Reports, Arkansas, vols. 
 35-48. 
 
 Turn. Ch. Pr. Turner on Chancery Practice, 
 
 Turn. Pr. Turnbull's Practice, New York. 
 
614 
 
 Appendix. 
 
 (Part VI 
 
 Turn, d Ph. Turner and Phillip's Reports, Eng- 
 lish, Chancery. 
 
 Turn. & R. or Twrn. <& Rus. or Turn. & Russ. 
 Turner & Russell's English Chancery Reports. 
 
 Tutt. Tuttle'5 Reports, California. 
 
 Tutt. £' Carp. Tuttle and Carpenter's Reports, 
 California Reports, vol. 52. 
 
 Tuttle. Tuttle's Reports, vols. 23-32 and 41-52 Cal- 
 ifornia. 
 
 Tuttle & Carpenter. Tuttle & Carpenter's Reports, 
 vol. 52 California. 
 
 Twiss L. of Nat. Twiss's Law of Nations. 
 
 Ty. Tyler. 
 
 Tyl. or Tyler. Tyler's Vermont Reports. 
 
 Tyler Bound. <£ Fences. Tyler's Law of Bounda- 
 ries and Fences. 
 
 Tyler Ecc. Tyler on American Ecclesiastical Law. 
 
 Tyler Ej. Tyler on Ejectment and Adverse En- 
 joyment. 
 
 Tyler Fixt. Tyler on Fixtures. 
 
 Tyler Inf. Tyler on Infancy and Coverture. 
 
 Tyler Us. Tyler on Usury. 
 
 Tyng. Tyng's Reports, vols. 2-17 IVIassachusetts. 
 
 Tyr. or Tyrio. Tyrwhitt & Granger's English Ex- 
 chequer Reports. 
 
 Tyr. & Gr. Tyrwhitt & Granger's English Excheq- 
 uer Reports. 
 
 Tyru). Tyrwhitt's Reports, English Exchequer. 
 
 Tyrio. <& G. Tyrwhitt and Granger's Reports, Eng- 
 lish Exchequer. 
 
 Tytler, Mil. Law. Tytler on Military Law and 
 Courts-Martial. 
 
 v. Utah ;— Utah Reports. 
 
 TJ. B. Upper Bench. 
 
 U. B. Pr. or U. B. Prec. Upper Bench Precedents 
 tempore Car. I. 
 
 U. C. Upper Canada. 
 
 U. C. App. Upper Canada Appeal Reports. 
 
 U. C. G. P. Upper Canada Common Pleas Reports, 
 
 U. C. Ch. Upper Canada Chancery Reports. 
 
 U. C. Cham. Upper Canada Chambers Reports. 
 
 U. C. Chan. Upper Canada Chancery Reports. 
 
 U. C. E. & A. Upper Canada Error and Appeals 
 Reports. 
 
 U. C. Jur. Upper Canada Jurist. 
 
 U. C. K. B. Upper Canada King's Bench Reports, 
 Old Series. 
 
 JJ. C. L. J. Upper Canada Law Journal, Toronto. 
 
 U". C. O. 8. Upper Canada Queen's Bench Reports, 
 Old Series. 
 
 U. C. P. R. Upper Canada Practice Reports. 
 
 U. C. Pr. Upper Canada Practice Reports. 
 
 U. C. Q. B. Upper Canada Queen's Bench Reports. 
 
 U. C. Q. B. O. S. Upper Canada Queen's (King's) 
 Bench Reports, Old Series. 
 
 U. C. R. Queen's Bench Reports, Ontario. 
 
 U. C. Rep. Upper Canada Reports. 
 
 JJ. K. United Kingdom. 
 
 U. S. United States ;— United States Reports. 
 
 U. S. Ap. United States Appeals Reports. 
 
 U. S. App. United States Appeals, Circuit Courts 
 of Appeals. 
 
 U. S. C. C. United States Circuit Court ;— United 
 States Court of Claims. 
 
 XJ. S. C. S. United States Civil Service Commis- 
 sion. 
 
 U. S. Comp. St. United States Compiled Statutes. 
 
 U. 8. Comp. St. Svpp. United States Compiled 
 Statutes Supplement. 
 
 U. S. Crim. Dig. United States Criminal Digest, 
 by Waterman. 
 
 U. S. Ct. CI. Reports of the United States Court 
 of Claims. 
 
 U.S.D.C. United States District Court ;— United 
 States District of Columbia. 
 
 17. S. Dig. Abbott's United States Digest. 
 
 U. S. Eq. Dig. United States Equity Digest 
 
 JJ. S. Jur. United States Jurist, Washington. D. C. 
 
 JJ. S. L. Int. United States Law Intelligencer (An- 
 gell's). Providence and Philadelphia. 
 
 JJ. S. L. J. United States Law Journal, New Haven 
 and New York. 
 
 U. S. L. M. or U". S. Law Mag. United States Law 
 Magazine (Livingston's), New York. 
 
 U, S. B, United States Supreme Court Reports. 
 
 U. S. Reg. United States Register, Philadelphfa. 
 
 U. S. R. 8. United States Revised Statutes. 
 
 JJ. 8. Rev. 8t. United States Revised Statutes. 
 
 U. S. 8. C. Rep. United States Supreme Court Re- 
 ports. 
 
 XJ. 8. 8t. at L. or U. 8. Stat. United States Statutes 
 at Large. 
 
 JJ. S. St. Tr. United States State Trials (Whar- 
 ton's). 
 
 JJ. 8. Sup. Ct. Rep. United States Supreme Court 
 Reporter. 
 
 JJlm. L. Rec. Ulman's Lawyer's Record, New York. 
 
 JJlp. Ulpian's Fragments. 
 
 JJnderh. Torts. Underhill on Torts. 
 
 JJp. Ben. Pre. Upper Bench Precedents, tempore 
 Car. I. 
 
 JJp. Can. Upper Canada (see U. C). 
 
 JJpt. Mar. W. & Pr. Upton on Maritime Warfare 
 and Prize. 
 
 JJrl. Trust. Urling on Trustees. 
 
 JJtah. Utah Reports. 
 
 y. Vermont; — Vermont Reports; — Virginia ; — Vir- 
 ginia Reports ; — Versus. Victoria. Victorian. 
 
 y. A. C. or V. Ad-in. Vice-Admiralty Court. 
 
 T. C. Vice-Chancellor. Vice-Chancellor's Court. 
 
 Y. C. C. Vice-Chancellor's Court. 
 
 v. C. Rep. Vice-Chancellor's Reports, English. 
 
 Y. L. R. Victorian Law Reports, Australia. (For 
 Victorian see Vict.) 
 
 Y. N. Van Ness's Prize Cases. 
 
 Y. O. De Verborum Obligationibus. 
 
 Y. R. Vermont Reports. 
 
 V. S. De Verborum Significatione. 
 
 Y. d B. Vesey & Beames* English Chancery Re- 
 ports. 
 
 y. d S. Vernon and Scriven's Reports, Irish 
 King's Bench. 
 
 Ya. Virginia; — ^Virginia Reports; — Gilmer's Vir- 
 ginia Reports. 
 
 Ya. Bar Assn. Virginia State Bar Association. 
 
 Ya. Cas. Virginia Cases (by Brockenbrough & 
 Holmes). 
 
 Ya. Ch. Dec. Chancery Decisions, Virginia. 
 
 Ya. L. J. Virginia Law Journal, Richmond. 
 
 Ya. R. Virginia Reports ; — Gilmer's Virginia Re- 
 ports. 
 
 Yal. Com. Valen's Commentaries. 
 
 Yall. Ir. L. Vallencey's Ancient Laws of Ireland. 
 
 Yan Hay. Eq. Van Haythuysen's Equity Drafts- 
 man. 
 
 Yan Hay. Mar. Ev. Van Haythuyer on Maritime 
 Evidence. 
 
 Yan K. Van Koughnet's Reports, vols. 15-21 Upper 
 Canada Common Pleas. 
 
 Yan. L. Vander Linden's Practice, Cape Colony. 
 
 Yan N. or Van Ness. Van Ness's Prize Cases, 
 United States District Court New York. 
 
 Yan Sant. Eq. Pr. Van Santvoord's Equity Prac- 
 tice. 
 
 Yan Sant. PI. Van Santvoord's Pleadings. 
 
 Yan Sant. Prec. Van Santvoord's Precedents. 
 
 Yandcrstr. Vanderstraaten's Ceylon Reports. 
 
 Yatt. Vattel's Law of Nations. 
 
 Yatt.LawNat. (orYattel). Vattel's Law of Na- 
 tions. 
 
 Yaug. or Yaugh. or Yaughan. Vaughan's English 
 Common Pleas Reports. 
 
 Vaiix. Vaux's Recorder's Decisions, Philadelphia. 
 
 Ya.::. Extrad. Vazelhes's Etude sur I'Extradition. 
 
 Ye. or Yes. Vesey's English Chancery Reports. 
 
 Ye. d B. otYgs. d B. Vesey & Beames's English 
 Chancery Reports. 
 
 Vcaz. or Yeazey. Veazey's Reports, vols. 36-46 Ver- 
 mont. 
 
 Yend. Ex. Venditioni Exponas. 
 
 Yent. or Ycntr. Ventris's English Common Pleas 
 Reports ;— Ventris's English King's Bench Reports. 
 
 Ycr. or Verm. Vermont Reports. 
 
 Yem. Vernon's Reports, English Chancery. 
 
 Yern. d 8c. or Yem. d Scr. or Yem. d Scriv. 
 Vernon & Scriven's Irish King's Bench Reports. 
 
 Vei'pl. Contr. Verplanck on Contracts. 
 
 Ycrpl. Ev. Verplanck on Evidence. 
 
 Yes. Vesey, Senior's Reports, English Chancery, 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 615 
 
 Ves. Jr. or Ves. Jun. Vesey, Junior's Reports, Eng- 
 lish Chancery. 
 
 Ves. Jun. Supp. Supplement to Vesey, Jr.'s, Eng- 
 lish Chancery Reports, by Hovenden. 
 
 Ves. Sen. or Ves. Sr. Vesey, Sr.'s, English Chan- 
 cery Reports. 
 
 Ves. £ B. or Ves. & Bea. or Ves, & Beam. Vesey & 
 Beames's English Chancery Reports. 
 
 Vet. Entr. Old Book of Entries. 
 
 Vet. N. B. or Vet. Na. B. Old Natura Brevium. 
 
 Vez. Vezey's (Vesey's) English Chancery Reports. 
 
 Vic. or Vict. Queen Victoria. 
 
 Vicat. or Vicat. Voc. Jur. Vocabularium jurisutri- 
 usque, ex variis editis. 
 
 Vict. Queen Victoria. 
 
 Vict. C. S. Victorian Consolidated Statutes. 
 
 Vict. L. R. Victorian Law Reports, Colony of Vic- 
 toria, Australia. 
 
 Vict. L. B. Min. Victorian Mining Law Reports. 
 
 yict. L. T. Victorian Law Times, Melbourne. 
 
 Vict. Bep. Victorian Reports, Colony of Victoria. 
 
 Vict. Bev. Victorian Review. 
 
 Vict. St. Tr. Victorian State Trials. 
 
 Vid. Entr. Vidian's Entries. 
 
 V.il. d Br. Vilas & Bryant's Edition of the Wis- 
 consin Reports. 
 
 Vilas. Vilas's New York Criminal Reports. 
 
 Vin. Alir. Viner's Abridgment. 
 
 Vin. Supp. Supplement to Viner's Abridgment. 
 
 Vincens Leg. Com. Vincens's Legislation Commer- 
 ciale. 
 
 Vinn. Vinnius. 
 
 Vint. Can. L. Vinton on American Canon Law, 
 
 Vir. Virgin's Reports, Maine. 
 
 Virg. Virginia (see Va.) ;— Virgin. 
 
 Virg. Cas. Virginia Cases. 
 
 Virg. L. J. Virginia Law Journal. 
 
 Virgin. Virgin's Reports, vols. 62-60 Maine ;— Vir- 
 ginia (see Va.). 
 
 Vig. Videlicet, That is to say. 
 
 Vo. Verbo. 
 
 Voet, Com. ad Pand. Voet, Commentarius ad Pan- 
 dectas. 
 
 Von Hoist Const. His. Von Hoist's Constitutional 
 History of the U. S. 
 
 Voorh. Code, Voorhies's Code, New York. 
 
 VoorJi. Or. Jur. Voorhies on the Criminal Juris- 
 prudence of Louisiana. 
 
 Vr. or Vroo-m. Vroom's Reports, New Jersey Law 
 Reports, vols. 30-56. 
 
 Vroo7n (6. D.W.). G. D. W. Vroom's Reports, 
 vols. 36-63 New Jersey Law. 
 
 Vroom (P. D.) P. D. Vroom's Reports, vols. 30-35 
 New Jersey Law. 
 
 Vs. Versus. 
 
 Vt. Vermont ; — Vermont Reports. 
 
 W. King William ; thus 1 W. I. signifies the first 
 year of the reign of King William I. ;— Wheaton's 
 United States Supreme Court Reports ; — Wendell's 
 New York Reports; — Watts' Reports, Pennsylvania: 
 — Weekly ; — Wisconsin ; — Wyoming ; — Wright's Ohio 
 Reports ; — Statute of Westminster. 
 
 \y. A. Western Australia. 
 
 IF. Bl. or W. Bla. Sir William Blackstone's Eng- 
 lish King's Bench and Common Pleas Reports. 
 
 W. C. C. Washington's United States Circuit Court 
 Reports. 
 
 W. Coast Bep. West Coast Reporter. 
 
 W. Ent. Winch's Book of Entries. 
 
 W, H, Chron, Westminster Hall Chronicle, Lon- 
 don. 
 
 W, H, d G. Welsby, Hurlstone and Gordon's Re- 
 ports, English Exchequer Reports, vols. 1-9. 
 
 W. J. Western Jurist, Des Moines, Iowa. 
 
 W. Jo. or T7. Jones. Wm. Jones's Reports, English 
 Courts. 
 
 W. Kel. Wm. Kelynge's Reports, English King's 
 Bench and Chancery. 
 
 W. h. Gaz. Western Law Gazette, Cincinnati, O. 
 
 W. L. Jour. Western Law Journal, Cincinnati, O. 
 
 W. L. M. Western Law Monthly, Cleveland, O. 
 
 W. L. R. Washington Law Reporter, Washington, 
 D. C. 
 
 W. N. Weekly Notes, Lcnovii. 
 
 W. N. Cas. Weekly Notes of Cases, Philadelphia. 
 
 W. P. Cas. Wollaston's English Ball Court (Prac- 
 tice) Cases. 
 
 W. B. Weekly Reporter, London;— Weekly Re- 
 porter, Bengal ;— Wendell's New York Reports;— 
 Wisconsin Reports;— West's Reports (English Chan- 
 cery). 
 
 W. R. Calc. Southerland's Weekly Reporter, Cal- 
 cutta. 
 
 W, Rep, West's Reports temp, Hardwicke, Eng- 
 lish Chancery. 
 
 W, Bob. W. Robinson's English Admiralty Re- 
 ports. 
 
 Vf. T. R. Weekly Transcript Reports, New York. 
 
 W. Ten. Wright's Tenures. 
 
 TT. Ty. R. Washington Territory Reports. 
 
 W. Va. West Virginia ;— West Virginia Reports. 
 
 W. W. d A'B. Vict. Wyatt, Webb & A'Becketfs 
 Reports, Victoria. 
 
 W. W. d D. Willmore, Wollaston and Davison's 
 Reports, English Queen's Bench. 
 
 W. W. d H. Willmore, Wollaston and Hodge's Re- 
 ports, English Queen's Bench. 
 
 W. d B. Dig. Walker & Bates's Digest, Ohio. 
 
 W. d Bun. West & Buhler's Collection of Fut- 
 wahs, India. 
 
 W. d C. Wilson & Courtenay's Scotch Appeal Cas- 
 es (see Wilson & Shaw). 
 
 W. d L. Big. Wood & Long's Digest, Illinois. 
 
 W. d M. Woodbury & Minot's United States Cir- 
 cuit Court Reports ;— William & Mary. 
 
 W. d S. Watts & Sergeant's Pennsylvania Re- 
 ports; — Wilson & Shaw's Scotch Appeal Cases. 
 
 W. d S. App. Wilson and Shaw's Scotch Appeals, 
 English House of Lords. 
 
 W. d T. Eg. Ca. or W. d T. L. C. White & Tudor's 
 Leading Cases in Equity. 
 
 W. d W. White & Wilson's Texas Court of Ap- 
 peals, Civil Cases. 
 
 W. d W. Vict. Wyatt & Webb's Victorian Reports. 
 
 Wa. Watts's Reports, Pennsylvania ; — Wales. 
 
 Wadcl. Dig. Waddilove's Digest of English Ec- 
 clesiastical Cases. 
 
 Wade Notice. Wade on the Law of Notice. 
 
 Wade Retro. L. Wade on Retroactive Laws. 
 
 Wait Act. d Def. Wait's Actions and Defence. 
 
 Wait Dig. Wait's Digest, New York. 
 
 Wait Pr. Wait's New York Practice. 
 
 Wait St. Pap. Wait's State Papers of the United 
 States. 
 
 Wal. Wallace (see Wall.). 
 
 Wal. iy L. Wallis's Irish Reports, by Lyne. 
 
 Wal. Jr. Wallace's (J. W.) UnHed States Circuit 
 Court Reports. 
 
 Wal. Sr. Wallace's (J. B.) United States Circuit 
 Court Reports. 
 
 Waif. Bailw. Walford on Railways. 
 
 Walk. Walker's Mississippi Reports ; — Walker's 
 Michigan Chancery Reports; — Walker's Reports, 
 vols. 25, 72-88 Texas;— Walker's Reports, vols. 1-10 
 Texas Civil Appeals ;— Walker's Reports, vols. 96, 
 109 Alabama;— Walker's Pennsylvania Reports. 
 
 Walk. Am. L. Walker's Introduction to American 
 Law. 
 
 Walk. Bank. L. Walker on Banking Law. 
 
 Walk. Ch. or Walk. Ch. Cas. Walker's Chancery 
 Cases, Michigan. 
 
 Walk. Com. L. Walker's Theory of the Common 
 Law. 
 
 Walk. (Mich.). Walker's Reports, Michigan Chan- 
 cery. 
 
 Walk. (Miss.). Walker's Reports, Mississippi Re- 
 ports, vol. 1. 
 
 Walk. (Pa.). Walker's Pennsylvania Reports. 
 
 Walk. (Tex.). Walker's Reports, Texas Reports, 
 vol. 35. 
 
 Walk. Wills. Walker on Wills. 
 
 Walker. Walker's Reports, vols. 96, 109, Alabama ; 
 —Walker's Michigan Chancery Reports ;— Walker's 
 Mississippi Reports ; — Walker's Pennsylvania Re- 
 ports ;— Walker's Reports, vols. 25, 72-88 Texas;— 
 Walker's Reports, vols. 1-10 Texas Civil Appeals. 
 
 Wall. Wallace's United States Supreme Court 
 Reports ;— Wallace's (Sr.) United States Circuit 
 Court Reports; — Wallace's Philadelphia Reports;— 
 Wallis's Irish Chancery Reports. 
 
616 
 
 Appendix. 
 
 (Part VI 
 
 Wall. C. C. Wallace's United States Circuit Court 
 Reports, Third Circuit. 
 
 Wall. Jr. or Wall. Jun. Wallace, Junior's, Reports, 
 U. S. Circuit Court, 3d Circuit. 
 
 Wall. Pr. Wallace's Principles of the Laws of 
 Scotland. 
 
 Wall. Rep. Wallace on the Reporters ;— Wallace's 
 United States Supreme Court Reports. 
 
 Wall. S. C. Wallace's United States Supreme 
 Court Reports. 
 
 Wall. Sen. Wallace's (J. B.) United States Circuit 
 Court Reports. 
 Wallis. Wallis's Reports, Irish Chancery. 
 Wallis 63/ L. Wallis's Irish Chancery Reports, by 
 Lyne. 
 Walsh. Walsh's Registry Cases, Ireland. 
 Ward. Warden's Reports, Ohio ;— Warden & 
 Smith's Reports, Ohio. 
 Ward, Leg. Ward on Legacies. 
 Ward Nat. Ward on the Law of Nations. 
 Ward, d Sm. Warden and Smith's Reports, Ohio 
 State Reports, vol. 3. 
 Warden. Warden's Reports, vols. 2, 4 Ohio State. 
 Warden & Smith. Warden & Smith's Reports, vol. 
 3 Ohio State. 
 
 Ware. Ware's Reports, United States District 
 Court, Maine. 
 Warr. Bla. Warren's Blackstone. 
 Warr. L. S. Warren's Law Studies. 
 Warth Code. West Virginia Code, 1899. 
 Warv. Ahst. Warvelle on Abstracts of Title. 
 Wash. Washington State Reports. 
 Wash. Washington ; — Washington's Reports ; — 
 Washington's United States Circuit Court Reports; 
 —Washington's Virginia Reports ;— Washburn's Re- 
 ports, vols. 16-23 Vermont. 
 
 Wash. C. C. Washington's United States Circuit 
 Court Reports. 
 
 Wash. L. Rep. Washington Law Reporter, Wash- 
 ington, D. C. 
 Wash. Ter. Washington Territory Reports. 
 Wash. Ter. N. S. Allen's Washington Territory 
 Reports, New Series. 
 Wash. Ty. Washington Territory Reports. 
 Wash. (Ya.). Washington's Reports, Virginia. 
 Wash. & Haz. P. E. I. Washburton & Hazard's Re- 
 ports, Prince Edward Island. 
 Washb. Washburn's Reports, Vermont. 
 Washb. Cr. L. Washburn on Criminal Law. 
 Washb. Easem. Washburn on Easements and 
 Servitudes. 
 
 Washb. R. P. or Washb. Real Prop. Washburn on 
 Real Property. 
 
 Washburn. Washburn's Reports, vols. 16-23 Ver- 
 mont. 
 Wat. Watkins ;— Watson. 
 
 Wat. (C. G. H.). Watermeyer's Cape of Good Hope 
 Supreme Court Reports. 
 
 Wat. Cr. Big. Waterman's Criminal Digest, Unit- 
 ed States. 
 Wat. Cr. Proc. Waterman's Criminal Procedure. 
 Wat. Jus. Waterman's Justice. 
 Wat. Set-Oft. Waterman on Set-Ott, etc. 
 Wat. Tres. Waterman on Trespass. 
 Watermeyer. Watermeyer's Cape of Good Hope 
 Supreme Court Reports. 
 Wath. Conv. Watkins's Conveyancing. 
 Wafk. Copyh. Watkins's Copyholds. 
 Wats. Arb. Watson on Arbitration. 
 Wats. Cler. Law. Watson's Clergyman's Law. 
 Wats. COTnp. or Wats. Comp. Eq. Watson's Com- 
 pendium of Equity. 
 
 Wats. Const. Hist. Watson's Constitutional Histo- 
 ry of Canada. 
 Wats. Eq. Watson's Compendium of Equity. 
 Wats. Part. Watson on Partnership. 
 Wats. Sher. Watson on Sheriffs. 
 Watts. Watts's Pennsylvania Reports ; — Watts's 
 Reports, vols. 16-24 West Virginia. 
 
 Watts & S. or Watts & Ber. or Watts & Serg. Watts 
 & Sergeant's Pennsylvania Reports. 
 Web. Pat. Webster on Patents. 
 Web. Pat. Cas. Webster's Patent Cases, English 
 Courts. 
 
 Web. Tr. The Trial o£ Professor Webster for 
 Murder. 
 
 Webb. Webb's Reports, vols. 6-20 Kansas;-^ 
 Webb's Reports, vols. 11-20 Texas Civil Appeals. 
 
 Webb, A'B. & W. Webb, A'Beckett & Williams's 
 Victorian Reports, Australia. 
 
 Webb, A'B. & W. Eq. Webb, A'Beckett and Wil- 
 liams's Equity Reports, Victoria. 
 
 Webb, A'B. & W. I. P. & M. Webb, A'Beckett 
 and Williams's Insolvency, Probate and Matrimo- 
 nial Reports, Victoria. 
 
 Webb, A'B. & W. Min. Webb, A'Beckett and Wil- 
 liams's Mining Cases, Victoria. 
 
 Webb, d D. or Webb & Duval. Webb & Duval's Re- 
 ports, vols. 1-3 Texas. 
 
 Webs. Webster. 
 
 Webs. Pat. Cas. Webster's Patent Cases, English 
 Courts. 
 
 Webst. Diet, or Webster. Webster's Dictionary. 
 
 Wedg. Gov. & Laws. Wedgwood's Government and 
 Laws of the U. S. 
 
 Weelc. Beptr. Weekly Reporter, London ; — Weekly 
 Reporter, Bengal. 
 
 Week. Trans. Repts. Weekly Transcript Reports, 
 New York. 
 
 WeeJcl. Cin. L. B. Weekly Cincinnati Law Bulle- 
 tin. 
 
 Weekl. Dig. Weekly Digest, New York. 
 
 Weekl. Jur. Weekly Jurist, Illinois. 
 
 Weekl. L. Record. Weekly Law Record. 
 
 Weeki. L. Rev. Weekly Law Review, San Fran- 
 cisco, Cal. 
 
 Weekl. No. Weekly Notes of Cases, London. 
 
 Weekl. No. Cas. Weekly Notes of Cases, Phila- 
 delphia. 
 
 Weekl. Reptr. Weekly Reporter, London. 
 
 Weekl. Trans. Repts. Weekly Transcript Reports, 
 New York. 
 
 Weeks Att. at Law or Weeks, Attys. at Law. 
 Weeks on Attorneys at Law. 
 
 Weeks D. A. Inj. Weeks, Damnum Absque Injuria. 
 
 Weeks Dep. Weeks on the Law of Deposition. 
 
 Weight. M. & L. Weightman's Marriage and Le- 
 gitimacy. 
 
 Weight. Med. Leg. Gas. Weightman's Medico-Le- 
 gal Gazette, London. 
 
 Wei. Welsh's Irish Registry Cases. 
 
 Welf. Eq. PI. Welford on Equity Pleading. 
 
 Wells L. & F. Wells's Questions of Law and Facts. 
 
 Wells, Repl. Wells on Replevin. 
 
 Wells Res. Ad. d St. D. Wells on Res Adjudicata 
 and Stare Decisis. 
 
 Wells Sep. Pr. of Mar. Worn. Wells on Separate 
 Property of Married Women. 
 
 Welhx). Abr. Wellwood's Abridgment of Sea Laws. 
 
 Welsb., E. & G. or Welsby, H. & G. Welsby, Hurl- 
 stone 6 Gordon's Reports, English Exchequer Re- 
 ports, vols. 1-9. 
 
 Welsh. Welsh's Registry Cases, Ireland;— Welsh's 
 Irish Cases at Sligo; — Welsh's (Irish) Case of 
 James Feighny, 1838. 
 
 Welsh Reg. Cas. Welsh's Irish Registry Cases. 
 
 Wend. Wendell's Reports, New York Supreme 
 Court. 
 
 Wendt Mar. Leg. Wendt on Maritime Legislation. 
 
 Went. Ex. or Went. Off. Ex. W«ntworth on Execu- 
 tors. 
 
 Went. PI. Wentworth on Pleading. 
 
 Wens. Wenzell's Reports, vols. 60- — Minnesota. 
 
 Wesk. Ins. Weskett on Insurance. 
 
 West. West's Reports, English Chancery, tempore 
 Hardwicke. 
 
 West. West's Reports, English House of Lords ; — 
 West's Reports, English Chancery ; — Western Tithe 
 Cases ;— Weston's Reports, vols. 11-14 Vermont. 
 
 West. Aus. Western Australia. 
 
 West Ch. West's English Chancery Cases. 
 
 West Co. Rep. West Coast Reporter. 
 
 West Coast Rep. West Coast Reporter. 
 West. Confl. Westlake on Conflict of Laws. 
 West H. L. West's Reports, English House of 
 Lords. 
 West. Jur. Western Jurist, Des Moines, Iowa. 
 West. L. J. or West. Law Jour. Western Law Jour- 
 nal, Cincinnati, Ohio. 
 
 West. L. Mo. or West. Law Mo. Western Law 
 Monthly, Cleveland, Ohio. 
 ■ West. L. 0. Western Legal Observer, Quincy, 111. 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 617 
 
 West. L. T. Western Law Times. 
 
 West. Leg. Obs. Western Legal Observer, Quln- 
 oy, 111. 
 
 West. Rep. Western Reporter, St. Paul. 
 
 West Symb. West's Symboleographie. 
 
 West. T. Cas. Western's Tithes Cases. 
 
 West t. H. West's Reports, English Chancery 
 tempore Hardwicke. 
 
 West Ta. West Virginia ;— West Virginia Reports. 
 
 Westl. Priv. Int. Law or Westlake Int. Private 
 Law. Westlake's Private International Law. 
 
 Westm. Statute ot Westminster. 
 
 Westm. Rev. Westminster Review. 
 
 Weston. Weston's Reports, vols. 11-14 Vermont. 
 
 Weth. (U. C). Wethey's Upper Canada Reports, 
 Queen's Bench. 
 
 Wh. Wheaton's United States Supreme Court Re- 
 ports ; — ^Wharton's Pennsylvania Reports; — Wheel- 
 er's New York Criminal Reports. 
 
 Wh. Cr. Cas. Wheeler's Criminal Cases, New 
 York. 
 
 Wn. d T. L. C. or Wh. & T. L. Cas. White and Tu- 
 dor's Leading Cases, Equity. 
 
 Whar. Wharton's Pennsylvania Reports. 
 
 Whar. Dig. Wharton's Digest, Pennsylvania. 
 
 Whar. at. Tr. Wharton's State Trials, United 
 States. 
 
 Whart. Wharton's Reports, Pennsylvania. 
 
 Whart. Ag. Wharton on Agency and Agents. 
 
 Whart. Confl. Wharton on Conflict of Laws. 
 
 Whart. Conv. Wharton's Conveyancing. 
 
 Whart. Cr. Law or Whart. Crim. Law. Wharton's 
 Criminal Law. 
 
 Whart. Ev. Wharton on Evidence in Civil Issues. 
 
 Whart. Horn. Wharton on Homicide. 
 
 Whart. Law Die. or Whart. Lex. Wharton's Law 
 Lexicon. 
 
 Whart. Neg. Wharton on Negligence. 
 
 Whart. (Pa.). Wharton's Pennsylvania Reports. 
 
 Whart. Prec. Wharton's Precedents of Indict- 
 ments. 
 
 Whart. St. Tr. or Whart. State Tr. Wharton's 
 State Trials of the United States. 
 
 Whart. i S. Med. Jur. or Whart. & St. Med. Jur. 
 Wharton & Stille's Medical Jurisprudence. 
 
 Wheat. Wheaton's United States Supreme Court 
 Reports. 
 
 Wheat. Cap. & Pr. Wheaton on Maritime Captures 
 and Prizes. 
 
 Wheat. Hist. L. of N. or Wheat. Hist. Law Nat. 
 Wheaton's History of the Law of Nations. 
 
 Wheat. Int. L. or Wheat. Int. Law. Wheaton's In- 
 ternational Law. 
 
 Wheel. Wheeler's New York Criminal Cases; — 
 Wheelock's Reports, vols. 32-37 Texas. 
 
 Wheel. AbrT Wheeler's Abridgment. 
 
 Wheel. Br. Cas. Wheeling Bridge Case. 
 
 Wheel. Cr. C. or Wheel. Cr. Cas. or Wheeler, Cr. 
 Cas. Wheeler's Criminal Cases, New York. 
 
 Wheel. Cr. Rec. Wheeler's Criminal Recorder, 
 New York, vol. 1 Wheeler's Criminal Cases. 
 
 Whish. L. D. Whishaw's Law Dictionary. 
 
 Whishaw. Whishaw's Law Dictionary. 
 
 Whit. Eq. Pr. Whitworth's Equity Precedents. 
 
 Whit. Pat. Cas. Whitman's Patent Cases, United 
 States. 
 
 Whit. War P. Whiting on War Powers under the 
 Constitution. 
 
 Whitalc. Liens. Whitaker on Liens. 
 
 White. White's Reports, vols. 10-15 West Virginia ; 
 —White's Reports, vols. 30-40 Texas Court of Ap- 
 peals ;— White, Scotch Justiciary Reports. 
 
 Wliite, Coll. White's New Collection of the Laws, 
 etc., of Great Britain, France and Spain. 
 
 White L. L. White's Land Law of California. 
 
 White, New Recop. or White Nov. Recop. See 
 White, Recop. 
 
 White Bee. or White, Recop. White, New Recop- 
 ilacion. A New Collection of Laws and Local Or- 
 dinances of Great Britain, France, and Spain, Re- 
 lating to the Concessions of Land in Their Re- 
 spective Colonies, with the Laws of Mexico and Tex- 
 as on the Same Subjects. 
 
 White Supp. White on Supplement and Revivor. 
 
 White & T. L. Cas. White & Tudor's Leading Cases 
 in Equity. 
 
 White £ W. White & Willson's Reports, vol. 142 
 Texas Civil Appeals. 
 
 Whitm. Lib. Cas. Whitman's Massachusetts Libel 
 Cases. 
 
 Whitm. Pat. Cas. Whitman's Patent Cases. 
 
 Whitm. Pat. L. Whitman's Patent Laws. 
 
 Whitm. Pat. Law Rev. Whitman's Patent Law Re- 
 view, Washington, D. C. 
 
 Whitney. Whitney's Land Laws, Tennessee. 
 
 Whitt. Whittelsey's Reports, vols. 31-41 Missouri. 
 
 Whitt. Co. Whittaker's Codes, Ohio. 
 
 Wig. Disc. Wigram on Discovery. 
 
 Wig. Wills. Wigram on Wills. 
 
 Wight, or Wightw. Wightwick's English Excheq- 
 uer Reports. 
 
 Wight El. Cas. Wight's Election Cases, Scotland. 
 
 Wil. Williams (see Will.) ;— Wilson (see Wils.). 
 
 Wile. Wilcox's Reports, Ohio. 
 
 Wile. Cond. Wilcox's Condensed Reports, Ohio. 
 
 Wile. Mun. Corp. Wilcox on Municipal Corpora- 
 tions. 
 
 Wilcox. Wilcox's Reports, vol. 10 Ohio ;— Wilcox, 
 Pennsylvania. 
 
 Wilcox Cond. Wilcox, Condensed Ohio Reports. 
 
 Wild. Int. L. Wildman's International Law. 
 
 Wild. S. C. & P. Wildman on Search, Capture and 
 Prize. 
 
 Wilde Sup. Wilde's Supplement to Barton's Con- 
 veyancing. 
 
 Wildm. Int. Law. Wildman's International Law. 
 
 Wilk. Wilkinson's Texas Court of Appeals and 
 Civil Appeals ; — Wilkinson's Reports, Australia. 
 
 Wilk. Leg. Ang. Sax. Wilkins's Leges Anglo-Sax- 
 onicse. 
 
 Wilk. Lim. Wilkinson on Limitations. 
 
 Wilk. P. & M. Wilkinson, Paterson and Murray's 
 Reports, New South Wales. 
 
 Wilk. Prec. Wilkinson's Precedents in Convey- 
 ancing. 
 
 Wilk. Pub. Funds. Wilkinson on the Law Relat- 
 ing to Tublic Funds. 
 
 Wilk. Repl. Wilkinson on Replevin. 
 
 Wilk. Ship. Wilkinson on Shipping. 
 
 Wilk. & Mur. or Wilk. & Oio. or Wilk. £ Pat. 
 Wilkinson, Owen, Paterson & Murray's New South 
 Wales Reports. 
 
 Will. Wiiies's English Common Pleas Reports ; — 
 Willson's Reports, vols. 29-30 Texas Appeals, also 
 vols. 1, 2 Texas Civil Appeals ; — Williams on Execu- 
 tors ; — See, also, Williams. 
 
 Will. Ann. Reg. Williams's Annual Register, New 
 York. 
 
 Will. Auct. Williams on the Law of Auctions. 
 
 Will. Bankt. L. Williams on the Bankrupt Law. 
 
 Will.-Bund St. Tr. Willis-Bund's Cases from State 
 Trials. 
 
 Will. Just. Williams's .Justice. 
 
 Will. L. D. Williams's Law Dictionary. 
 
 Will. (Mass.). Williams's Reports, Massachusetts 
 Reports, vol. 1. 
 
 Will. P. or Will. (Peere). Peere-Williams's Eng- 
 lish Chancery Reports. 
 
 Will. Per. Pr. Williams on Personal Property. 
 
 Will. Real As. Williams on Real Assets. 
 
 Will. Real Pr. Williams on Real Property. 
 
 Will. Saund. Williams's Notes to Saunders's Re- 
 ports. 
 
 Will. (Vt.). Williams's Reports, Vermont. 
 
 Will., Wall. & Dav. Wlllmore, Wollaston & Davi- 
 son's English Queen's Bench Reports. 
 
 Will., WoU. & Hodg. Willmore, Wollaston & Hodg- 
 es, English Queen's Bench Reports. 
 
 Will. & Br. Adm. Jur. Williams and Bruce on Ad- 
 miralty Jurisdiction. 
 
 Willard Eq. Willard's Equity. 
 
 Willard Ex. Willard on Executors. 
 
 Willard Real Est. d Con. Willard's Real Estate 
 and Conveyancing. 
 
 Willc. Const. Willcock, The Office of Constable. 
 
 Willc. L. Med. Pr. Willcock's Law Relating to the 
 Medical Profession. 
 
 Willc. Mun. Corp. or Willcock, Mun. Corp. Will- 
 cock on Municipal Corporations. 
 
 Willes. Wiiies's Reports, English King's Bench 
 and Common Pleas. 
 
618 
 
 Appendix. 
 
 (Part VI 
 
 Williams. Peere-Williams's English Chancery Re- 
 ports ; — Williams's Reports, vols. 27-29 Vermont ;^ 
 Williams's Reports, vol. 1 Massachusetts ;— Wil- 
 liams's Reports, vols. 10-12 Utah. 
 
 WilliaTris, Common. Williams on Rights of Com- 
 mon. 
 
 Williams, Eafrs. Williams on Executors. 
 
 Williams P. or WilliartiSj Peere. Peere Williams's 
 Reports, English Chancery. 
 
 Williams, Pers. Prop. Williams on Personal Prop- 
 erty. 
 
 WilliamSj Saund. Williams's Notes to Saunders's 
 Reports. 
 
 Williams, Seis. Williams on Seisin. 
 
 Williams d B. Adm. Jur. Williams & Bruce on Ad- 
 miralty Jurisdiction. 
 
 Willis Eq. Willis on Equity Pleadings. 
 
 Willis Int. Willis on Interrogatories. 
 
 Willis Trust, or Willis, Trustees. Willis on Trus- 
 tees. 
 
 Willm. W. & D. Willmore, Wollaston and Davi- 
 son's Reports, English Queen's Bench. 
 
 Willm. W. & B. Willmore, Wollaston & Hodges's 
 English Queen's Bench Reports. 
 
 Wills Cir. Ev. or Wills, Circ. Ev. Wills on Circum- 
 stantial Evidence. 
 
 Willson. Willson's Reports, vols. 29-30 Texas Ap- 
 peals, also vols. 1, 2 Texas Court of Appeals, Civil 
 Cases. 
 
 Wilm. or Wilm, Op. or Wilm,. Judg. Wilmot's 
 Notes of Opinions and Judgments, English King's 
 Bench. 
 
 Wils. Wilson's Reports, English King's Bench 
 and Common Pleas. 
 
 Wils. (Cal.). Wilson's Reports, CaUfornia. 
 
 Wils. Ch. Wilson's Reports, English Chancery. 
 
 Wils. Ent. Wilson's Entries and Pleadings (same 
 as vol. 3 Lord Raymond). 
 
 Wils. Exch. Wilson's Reports, English Exchequer. 
 
 Wils. Fines & Rec. Wilson on Fines and Recov- 
 eries. 
 
 Wils. (Ind.). Wilson's Indiana Superior Court Re- 
 ports. 
 
 Wds. Ind. Gloss. Wilson, Glossary of Indian 
 Terms. 
 
 Wils. K. B. Sergeant Wilson's English King's 
 Bench Reports. 
 
 Wils. (Oreg.J. Wilson's Reports, Oregon. 
 
 Wils. Pari. L. Wilson's Parliamentary Law. 
 
 Wils. Uses. Wilson on Uses. 
 
 Wils. d C. or Wils. & Court. Wilson and Courte- 
 nay's Reports, English House of Lords, Appeals 
 from Scotland. 
 
 Wils. d S. or Wils. & Sh. Wilson and Shaw's Re- 
 ports, English House of Lords, Appeals from Scot- 
 land (Shaw, Wilson & Courtenay). 
 
 Wilson. Wilson's English Common Pleas Reports; 
 — Wilson's English Chancery Reports; — Wilson's 
 English Exchequer Equity Reports ;— Wilson's In- 
 diana Superior Court Reports ;— Wilson's Reports, 
 vols. 1, 3 Oregon ;— Wilson's Reports, vols. 48-59 
 Minnesota. 
 
 Win. Winston's Law Reports, North Carolina; — 
 Winch's English Common Pleas Reports. 
 
 Win. Ent. Winch's Entries. 
 
 Win. Eq. Winston's Equity Reports, North Caro- 
 lina. 
 
 Winch. Winch's Reports, English Common Pleas. 
 
 Wing, or Wing. Max. Wingate's Maxims. 
 
 Wins. Winston's Reports, North Carolina. 
 
 Wins. Eq. Winston's Equity Reports, North Car- 
 olina. 
 
 Winst. or Winst. Eq. Winston's Law or Equity 
 Reports, North Carolina. 
 
 Wis. Wisconsin ;— Wisconsin Reports. 
 
 Wis. Bar Assn. Wisconsin State Bar Association. 
 
 Wis. Leg. N. Wisconsin Legal News, Milwaukee. 
 
 With. Withrow's Reports, Iowa. 
 
 With. Corp. Cos. Withrow's American Corpora- 
 tion Cases. 
 
 Withrow. Withrow's Reports, vols. 9-21 Iowa. 
 
 WTcly. Notes Gas. (Pa.). Weekly Notes of Cases, 
 Philadelphia, Pennsylvania. 
 
 Wm. Bl. William Blackstone's Reports, English 
 Courts. 
 
 Wm. Rod. William Robinson's New Admiralty 
 Reports, English. 
 
 Wms. Williams (see Will.). 
 
 Wms. Ann. Reg. Williams's Annual Register, New 
 York. 
 
 Wms. Auct. Williams on the Law of Auctions. 
 
 Wms. Ex. Williams on Executors. 
 
 Wms. Just. Williams's Justice. 
 
 Wms. L. D. Williams's Law Dictionary. 
 
 Wms. (Mass.). Williams's Reports, Massachusetts 
 Reports, vol. 1. 
 
 Wms. Notes. Williams's Notes to Saunders' Re- 
 ports. 
 
 Wms. P. or Wms. Peere. Peere Williams's Re- 
 ports, English Chancery. 
 
 Wms. Peere. Peere-Williams's English Chancery 
 Reports. 
 
 Wms. Per. Pr. Williams on Personal Property. 
 
 Wms. Real As. Williams on Real Assets. 
 
 Wms. Real Pr. Williams on Real Property. 
 
 Wms. Saund. Williams's Notes to Saunders' Re- 
 ports. 
 
 W7ns. Vt. Williams's Reports, vols. 27-29 Vermont 
 
 Wms. & Br. Adm. Jur. Williams and Bruce on 
 Admiralty Jurisdiction. 
 
 Wol. WoUaston's English Bail Court Reports;— 
 Wolcott's Reports, vol. 7 Delaware Chancery. 
 
 Wol^. Inst. Wolffius's Instltutiones Juris Naturse 
 et Gentium. 
 
 Wol^. & B. Wolferstan and Bristow's Election 
 Cases. 
 
 Wol^. & D. Wolferstan and Dew's Election Cases. 
 
 Wolff, Dr.de la Nat. Wolffius, Droit de la Nature. 
 
 Wolff. Inst, or Wolff. Inst. Nat. Wolffius, Instltu- 
 tiones Juris Naturae et Gentium. 
 
 Wolffius or Wolffius, Inst. Wolffius, Instltutiones 
 Juris Naturae et Gentium. 
 
 Woll. or Woll. P. C. WoUaston's English Ball 
 Court Reports (Practice Cases). 
 
 Wood. Woods's United States Circuit Court Re- 
 ports;— Wood's English Tithe Cases. 
 
 Wood Civ. L. Wood's Institutes of the Civil Law. 
 
 Wood Com. L. Wood's Institutes of the Common 
 Law. 
 
 Wood Conv. Wood on Conveyancing. 
 
 Wood Deer. Wood's (Decrees in) Tithe Cases. 
 
 Wood Fire Ins. Wood on Fire Insurance. 
 
 Wood (H.). Hutton Wood's Decrees in Tithe Cas- 
 es, English. 
 
 Wood, Ins. Wood on Fire Insurance; — Wood's In- 
 stitutes of English Law; 
 
 Wood, Inst, or Wood, Inst. Com,. Law. Wood's In- 
 stitutes of the Common Law. 
 
 Wood Inst. Eng. L. Wood's Institutes of English 
 Law. 
 
 Wood. Led. Wooddeson's Lectures on Laws of 
 England. 
 
 Wood Man. Wood on Mandamus. 
 
 Wood Mast, d St. Wood on Master and Servant. 
 
 Wood Mayne Dam. Wood's Mayne on Damages. 
 
 Wood N'uis. Wood on Nuisances. 
 
 Wood Ti. Gas. Wood's Tithe Cases. 
 
 Wood, d M. or Woodb. d M. Woodbury & Minot's 
 United States Circuit Court Reports. 
 
 Woodd. Jur. Wooddeson's Elements of Jurispru- 
 dence. 
 
 Woodd. Lect. Wooddeson's Lectures on the Laws 
 of England. 
 
 Woodf. Gel. Tr. Woodfall's Celebrated Trials. 
 
 Woodf. L. & T. or Woodf. Landl. & Ten. Woodfall 
 on Landlord and Tenant. 
 
 Woodf. Pari. Deb. Woodfall's Parliamentary De- 
 bates. 
 
 Woodm. Cr. Gas. Woodman's Reports of Thacher's 
 Criminal Cases, Massachusetts. 
 
 Woodm. d T. on For. Med. Woodman and Tidy on 
 Forensic Medicine. 
 
 Woods or Woods C. C. Woods's Reports, United 
 States Circuit Courts, 5th Circuit. 
 
 Woodw. Dec. Pa. Woodward's Common Pleas De- 
 cisions, Pennsylvania. 
 
 Wool. Woolworth's United States Circuit Court 
 Reports ;— Woolrych. 
 
 Wool. C. G. Woolworth's Reports, United States 
 Circuit Courts, 8th Circuit (Fuller's Opinions), 
 
 Woolr. Com. Woolrych on Commons. 
 
Ch. 10) 
 
 Table of Abbreviations. 
 
 619 
 
 Woolr. Comm. L. Woolrych on Commercial Law. 
 
 Woolr. P. W. Woolrych on Party Walls. 
 
 Woolr. Sew. Woolrycli on Sewers. 
 
 Woolr. Waters. Woolrych on Law of Waters, 
 
 Woolr. Ways. Woolrych on Law of Ways. 
 
 Woolr. Window L. Woolrych on Law of Window 
 Lights. 
 
 Wools. Div. Woolsey on Bivorce. 
 
 Wools. Int. L. Woolsey's International Law. 
 
 Wools. Pol. Science or Woolsey, Polit. Science. 
 Woolsey's Political Science. 
 
 ' Woolw. Woolworth's United States Circuit Court 
 Reports ; — Woolworth's Reports, vol. 1 Nebraska. 
 
 Worcester. Worcester, Dictionary of the English 
 Language. 
 
 Word. Elect. Wordsworth's Law of Election. 
 
 Word. Elect. Cas. or Words. Elect. Cas. Words- 
 worth's Election Cases. 
 
 Word. Min. Wordsworth on the Law of Mining. 
 
 Worth. Jur. Worthington on the Powers of Ju- 
 ries. 
 
 Worth. Prec. Wills. Worthington's Precedents for 
 Wills. 
 
 Wr. Wright (see Wright) ;— Wright's Reports, 
 vols. 37-50 Pennsylvania State. 
 
 Wr. Ch. Wright's Chancery Reports, Ohio. 
 
 Wr. Cr. Consp. Wright on Criminal Conspiracies. 
 
 Wr. N, P. Wright's Nisi Prius Reports, Ohio. 
 
 Wr. Ohio. Wright's Chancery Reports, Ohio. 
 
 Wr. Pa. Wright's Reports, Pennsylvania State 
 Reports, vols. 37-50. 
 
 Wr. Ten. Wright on Tenures. 
 
 Wri. or Wright. Wright's Reports, vols. 37-50 
 Pensylvania State;— Wright's Ohio Reports. 
 
 Wright N. P. Wright's Nisi Prius Reports, Ohio. 
 
 Wright, Ten. Wright on Tenures. 
 
 Wy. Wyoming; — Wyoming Reports; — Wythe's 
 Virginia Chancery Reports. 
 
 Wy. Die. Wyatt's Dickens's Chancery Reports. 
 
 Wyatt P. R. Wyatt's Practical Register in Chan- 
 cery. 
 
 Wyatt, W. & A'B. Wyatt, Webb and A'Beckett's 
 Reports, Victoria. 
 
 Wyatt, W. d A'B. Eq. Wyatt, Webb and A'Beck- 
 ett's Equity Reports, Victoria. 
 
 Wyatt, W. & A'B. I. P. & M. Wyatt, Webb and 
 A'Beckett's Insolvency, Probate and Matrimonial 
 Reports, Victoria. 
 
 Wyatt, W. & A'B. Min. Wyatt, Webb and A'Beck- 
 ett's Mining Cases, Victoria. 
 
 Wyatt & W. Wyatt and Webb's Reports, Victoria. 
 
 Wyatt d W. Eq. Wyatt and Webb's Equity Re- 
 ports, Victoria. 
 
 Wyatt & W. I. P. & M. Wyatt and Webb's Insol- 
 vency, Probate and Matrimonial Reports, Victoria. 
 
 Wyatt d W. Min. Wyatt & Webb's Mining Cases, 
 Victoria. 
 
 Wyatt d Webb. Wyatt & Webb's Reports, Vic- 
 toria. 
 
 Wym. or Wyman. Wyman's Reports, India. 
 
 Wyn. or Wynne, or Wynne Bov. Wynne's Bovill's 
 Patent Cases. 
 
 Wyo. Wyoming ;— Wyoming Reports. 
 
 Wyo. T. Wyoming Territory. 
 
 Wythe or Wythe Ch. Wythe's Virginia Chancery 
 Reports. 
 
 Y. Yeates's Pennsylvania Reports. 
 
 Y. B. Year Book, English King's Bench, etc. 
 
 Y.B.Ed. I. Year Books of Edward I. 
 
 Y. B. P. 1, Edxo. II. Year Books, Part 1, Edward 
 II. 
 
 Y. B. S. C. Year Books, Selected Cases, 1. 
 
 Y. L. R. York Legal Record. 
 
 Y. d C. Younge & Collyer's English Chancery or 
 Exchequer Reports. 
 
 Y. d G. C. G. Younge and Collyer's Chancery Cas- 
 es, English. 
 
 Y. d J. Younge & Jervis's English Exchequer Re- 
 ports. 
 
 Y. d J. Younge and Jervis's Reports, English Ex- 
 chequer. 
 
 Yale Law J. Yale Law Journal. 
 
 Yates Sel. Cas. Yates's New York Select Cases. 
 
 Yea. Yeates's Pennsylvania Reports. 
 
 Yearb. Year Book, English King's Bench, etc. 
 
 Yearb. P. 7, Hen. VI. Year Books, Part 7, Hen- 
 ry VI. 
 
 Yeates. Yeates's Reports, Pennsylvania. 
 
 Yel. or Yelv. Yelverton's English King's Bench 
 Reports. 
 
 Yerg. Yerger's Tennessee Reports. 
 
 Yo. Young (see You.). 
 
 Yool Waste. Yool on Waste, Nuisance and Tres- 
 pass. 
 
 Yorh Ass. Clayton's Reports (York Assizes). 
 
 Yorlc Leg. Rec. York Legal Record. 
 
 You. Younge's English Exchequer Equity Re- 
 ports. 
 
 You. d Coll. Ch. Younge & Collyer's English Chan- 
 cery Reports. 
 
 You. d Coll. Ex. Younge &. Collyer's English Ex- 
 chequer Equity Reports. 
 
 You. d Jerv. Younge & Jervis's English Exchequer 
 Reports. 
 
 Young. Young's Reports, vols. 31-47 Minnesota. 
 
 Young Adm. Young's Nova Scotia Admiralty 
 Cases. 
 
 Young Adm. Dec. Young's Admiralty Decisions. 
 
 Young M. L. Cas. Young's Maritime Law Cases, 
 English. 
 
 Young, Naut. Diet. Young, Nautical Dictionary. 
 
 Younge. Younge's English Exchequer Equity Re- 
 ports. 
 
 Younge d Coll. Younge and Collyer's Reports, 
 English Exchequer Equity. 
 
 Younge d Coll. Ch. Younge's & Collyer's English 
 Chancery Cases. 
 
 Younge d Coll. Ex. Younge & Collyer's English 
 Exchequer Equity Reports. 
 
 Younge d J. or Younge & Jr. Younge & Jervis, 
 English Exchequer. 
 
 Yuh. Yukon Territory. 
 
 Zah. Zabriskie's New Jersey Law Reports. 
 
 Zach. Dr. Civ. Zachariae Droit Civil Frangais. 
 
 Zane. Zane's Reports, vols. 4-9 Utah. 
 
 Zinn Ca. Tr. Zinn's Select Cases in the Law of 
 Trusts. 
 
 Zinn, L. C. Zinn's Leading Cases on Trusts. 
 
 Zoueh Adm. Zouch's Admiralty Jurisdiction. 
 
INDEX 
 
 [THE FIGUEES REFER TO PAGES] 
 
 ABBREVIATIONS 
 
 Mode of citing reports, 49. 
 
 English reports, 57. 
 Table of, App. 551. 
 
 ALABAMA 
 Reports of, App. 422. 
 Digests, App. 488. 
 
 ALASKA 
 
 Reports of, App. 422. 
 
 AMERICAN AND ENGLISH ANNOTAT- 
 ED CASES 
 
 Description of, 43. 
 
 Number of cases reported in, 43 note. 
 
 AMERICAN ANNOTATED CASES 
 
 Description of, 43. 
 
 AMERICAN DIGEST SYSTEM 
 
 Classification, 249-278. 
 Description of, 71 et seq. 
 List of, App. 488. 
 Mechanics of, 107-135. 
 Use of, 107-173. 
 Tables of cases digested, 93. 
 Decennial table of cases, 93. 
 
 AMERICAN LAW 
 Bibliography of, 5 et seq. 
 
 ANNOTATIONS 
 
 Century Annotations, 180. 
 
 Cyc. Annotations, 67, 86. 
 
 General description, 84. 
 
 In L. R. A., 44. 
 
 In Reporter System, 40, 179. 
 
 In Trinity Series, 46. 
 
 Key-Xumber Annotations, 181. 
 
 L. R. A. cases as authorities, 85. 
 
 Notes to American Decisions, 86. 
 
 Rose's Notes on U. S. Reports, 85. 
 
 Use of, for supplementing text-books, 198. 
 
 In connection with Cyc, 209. 
 
 In connection with digests, 182. 
 
 In determining value of authorities, 238. 
 
 APPEAL AND ERROR 
 
 Method of review at law, 370. 
 Method of review in equity, 370. 
 
 ARGUMENT 
 
 Arrangement of points, 373. 
 Brief of, 372. 
 
 Brief Mak. (3d Ed.) 
 
 ARGUMENT (Cont'd) 
 
 Method of incorporating in brief, 372. 
 Statement of errors, 372. 
 
 ARIZONA 
 
 Reports of, App. 422. 
 Digests, App. 488. 
 
 ARKANSAS 
 Reports of, App. 422. 
 Digests, App. 488. 
 
 ASSIGNMENT OF ERRORS 
 
 Errors considered abandoned, 371. 
 Method of incorporating in brief, 370. 
 Necessity of, 370. 
 Only those specified will be considered, 371. 
 
 Laclj of jurisdiction, 371. 
 Statement of, in argument, 372. 
 
 ATLANTIC REPORTER 
 
 Description, 36. 
 Digests, App. 523. 
 
 AUTHORITIES 
 
 Citation of, in brief on appeal, 373. 
 
 In trial brief, 360. 
 
 Mode, 49, 57. 
 
 Abbreviations used in citing, App. 551. 
 Citation of text-books in brief on appeal, 
 
 376, 
 Determining value, 230. 
 
 Finality of decision, 230. 
 
 Past judicial history, 232. 
 
 Subsequent judicial history, 232. 
 Annotations, 238. 
 Citation books, 232. 
 Text-books, 238. 
 
 Use of analogous cases, 239. 
 Exhausting the cases, 162-173. 
 
 Supplementing text-books, 194. 
 How to find, 97-278. 
 Mode of citation, 49, 57. 
 
 Abbreviations used in citing, App. 551. 
 Notes of investigations, 226. 
 Presentation of in brief on appeal, 374. 
 Selecting, valuing, and verifying, 225-239. 
 Selection of, 226, 373. 
 Study of cases, 287-333. 
 Table of cases, 175. 
 Tracing judicial history, 88, 232. 
 Use of in trial brief, 360. 
 Verification of, 228. 
 
 (621) 
 
622 
 
 INDEX 
 
 [The figures refer to pages] 
 
 AUTHORITT 
 
 Defined, 11, 12, 284. 
 
 Distinguished as primary and secondary, 11, 
 12, 2S4. 
 Books of primary authority defined, 11, 
 
 61. 
 Books of secondary authority defined, 
 11, 61. 
 Imperative and persuasive distinguished, 12, 
 61, 284. 
 Imperative authority, 12, 61, 284. 
 Persuasive authority, 12, 61, 284. 
 English decisions, 51. 
 
 B 
 
 BIBLIOGRAPHY 
 
 American reports, 25. 
 
 Federal Reports, 27, App. 420. 
 
 National Reporter System, 35, App. 441, 
 443. 
 
 State Reports, 31, 35, App. 422. 
 
 Selected Cases, App. 441. 
 
 Special reports, App. 441. 
 
 United States Supreme Court Reports, 
 App. 420. 
 Chart of, App. 396. 
 Citation books, App. 486. 
 Constitutions, 15. 
 Digests, App. 488-529. 
 
 American Digest System, 71, App. 488. 
 
 Federal Digests, App. 521. 
 
 General digests, App. 488. 
 
 Key-Number Digests, App. 527. 
 
 National Reporter System digests, App. 
 523. 
 
 Selected case digests, App. 525. 
 
 Special digests, App. 526. 
 
 State digests, App. 488. 
 English reports, 54, App. 450-485. 
 Importance of instruction in, see Introduc- 
 tion, p. 1. 
 Search Books, 13, 83-94. 
 Statutes, 16. 
 
 Table of abbreviations, App. 551. 
 Treaties, 16. 
 
 BLUE BOOKS 
 
 Described, 92, 177. 
 How continued, 176. 
 Use of, 177. 
 
 BLUE LABEL TABLES 
 
 See Blue Books. 
 
 BRIEF ON APPEAL 
 
 Arrangement of points and argument, 373. 
 Contents, 307. 
 
 Argument, 372. 
 
 Arrangement of points, 373. 
 Citation of authorities, 373. 
 
 .Vbbreviations used, .\pp. 55] 
 Presentation of authorities, 374. 
 Direct authorities, 37:!. 
 Opposing authorities 375. 
 
 BRIEF ON APPEAL (Cont'd) 
 
 Contents (Cont'd) 
 
 Selection of authorities, 226, 373. 
 Law of the jurisdiction, 374. 
 Authorities from other jurisdic- 
 tions, 374. 
 Authorities should be traced down 
 to date, 374. 
 Use of decisions and statutes, 373. 
 Use of test-books, 376. 
 Preliminary statement, 368. 
 Scandalous and irrelevant matter, 372. 
 Specification of errors, 370. 
 
 In admission or rejection of evidence, 
 
 371. 
 In instructions, 371. 
 Under United States Supreme Court 
 rule 21, App. 397. 
 Statement of facts, 368. 
 Essentials of, 369. 
 Accuracy, 369. 
 Clearness, 370. 
 Conciseness, 370. 
 Title, 368. 
 
 Under United States Supreme Court rule 
 21, App. 397. 
 Defined, 366. 
 
 How to find the law, 97-278. 
 Nature of, 366. 
 Necessity for, 367. 
 Not in use in England, 366. 
 Purpose of, 366. 
 Preliminary study of case, 99. 
 Theory of case adhered to on appeal, 354. 
 Sample of brief, 376-394, App. 397. 
 Typography, 376. 
 
 BRIEFS 
 
 See Brief on Appeal ; Trial Brief. 
 
 CALIFORNIA 
 
 Reports of, App. 422. 
 Digests, App. 489. 
 
 CANADA 
 
 Reports of, 59. 
 
 CASE LAW^ 
 
 Exhausting authorities, 162-173, 
 How to find, 97-278. 
 
 CENTURY DIGEST 
 
 Annotations to, in Reporters, 180. 
 
 Century references in Decennial and Key- 
 Number Digest, 126. 
 
 Description, 71. 
 
 Method of connecting Century with Key-Num- 
 ber Digests, 128. 
 
 Method of translating Century sections into 
 corresponding Decennial sections, 127. 
 
 Scope-Note, 116. 
 
 Subdivision of topics in, 122. 
 
 Table of Cases Digested, 130. 
 
 CITATIONS 
 
 See Citators. 
 
INDEX 
 [The figures refer to pages] 
 
 623 
 
 CITATORS 
 
 Bibliography of, App. 486. 
 
 Description of, 8S, 232. 
 Federal Citations, 88. 
 List of, App. 486. 
 Shepard's Citations, 88, 233. 
 Use of, 232, 233. 
 
 CLASSIFICATION OF LAW^ 
 
 General theory, 240-278. 
 Standard classification, 109, 250. 
 Basic principle, 268. 
 Categories, 114, 251. 
 Main titles or topic titles, 252. 
 List of titles, App. 533-544. 
 Theorem, 114, 250. 
 Eule of precedence, 253. 
 Application of rule, 255. 
 Exceptions, 256. 
 Distinction between general and specific 
 main heads, 256, 262. 
 Matters relating to contracts, 257. 
 Matters relating to constitutional law, 
 
 260. 
 Matters relating to pleading and prac- 
 tice, 258. 
 Matters relating to statutes, 262. 
 Use of substantive and remedial heads, 
 
 263, 265. 
 Use of substantive and remedial subdivi- 
 sions, 266. 
 Distribution of matter among related 
 topics, 271. 
 Crimes and criminal law, 275. 
 Master and servant, 273. 
 Matters relating to corporations and 
 
 other associations, 275. 
 Matters relating to infants, 274. 
 Matters relating to marriage relation, 
 
 273. 
 Matters relating to political subdivi- 
 sions, 276. 
 Matters relating to public officers, 
 
 274. 
 Miscellaneous topics, 277. 
 Negligence topics, 271. 
 Railroad group, 273. 
 
 CODES 
 
 As a compilation of statutes, 18. 
 Defined, 18. 
 Federal laws, 22. 
 United States laws, 22. 
 
 Judicial Code, 22. 
 
 Penal Code, 22. 
 
 CODIFICATION 
 
 See Codes. 
 
 COLOKADO 
 
 Reports of, App. 423. 
 Digests, App. 489. 
 
 COMMERCE COURT 
 
 Reports of, 31, App. 421. 
 
 COMPILED STATUTES 
 
 See Statutes. 
 
 CONNECTICUT 
 Reports of, App. 423. 
 Digests, App. 4fl0. 
 
 CONSTITUTION 
 Construction, 348. 
 Examination of, 104. 
 Of the United States, bibliography, 15. 
 
 History and commentaries on, biblio- 
 graphy, 15. 
 Of various states, bibliography, 15. 
 Provisions of to he considered in preparing 
 brief, 101, 248. 
 
 CONSTRUCTION 
 
 Of constitution, see Constitution. 
 
 Of statutes and ordinances, see Statutes. 
 
 CONSULAR COURTS 
 
 Existing, 28. 
 Reports of, 31. 
 
 COURT OF CLAIMS 
 
 Reports of, 31, App. 421. 
 
 COURT REPORTERS 
 
 First American, 31. 
 
 In England, 27, 53. 
 
 In general, 27, ,31. 
 
 Table of abbreviations of names, App. 551. 
 
 COURTS 
 Defined, 9. 
 English, 51. 
 
 Function of, in relation to decisions, 300. 
 Authority to pass on hypothetical ques- 
 tions, 300. 
 Authority to answer questions propound- 
 ed by executive or legislative depart- 
 ments, 300. 
 Jurisdiction, as affecting weight of decision, 
 330. 
 Decisions of commission or temporary 
 
 court, 332. 
 Text-books relating to, 23. 
 List of appellate courts, App. 530. 
 Power to overrule prior decisions, 327. 
 Rules of, 23, 24. 
 Weight of decisions of foreign courts, 332. 
 
 CROSS-REFERENCES 
 
 As descriptive words, 155. 
 Century reference, 126. 
 Cross-Reference titles, 115. 
 Described, 117, 123. 
 In Encyclopaedias, 202. 
 Under main titles, 124. 
 Use of, in encyclopedias, 202. 
 Words and Phrases, 125. 
 
 CUSTOM 
 
 As source of law, 7. 
 
 CUSTOMS COURTS 
 
 Reports of, 31, App. 421. 
 
624 
 
 INDEX 
 [The figures refer to pages] 
 
 DAKOTA 
 
 Reports of, App. 423. 
 
 Digests, see North Dakota, South Dakota. 
 
 DAY, THOIOAS 
 
 First American official reporter, 31. 
 
 DECENNIAL DIGEST 
 
 Century references in, 126. 
 
 Description of, 72. 
 
 Descriptive word index, 133. 
 
 Dummy lines explained, 127. 
 
 Method of translating Century sections into 
 
 corresponding Decennial sections, 127. 
 Scope-note, 116. 
 Table of American Cases, 130. 
 Use of, for locating known cases, 168. 
 Table of Reports, 132. 
 
 DECISIONS 
 
 See Judicial Decisions. 
 
 DELAW^ARE 
 
 Reports of, App. 423. 
 Digests, App. 491. 
 
 DESCRIPTIVE WORD INDEX 
 
 Described, 133. 
 For Cyc, 205. 
 "Use of, in general, 136-152. 
 
 With Key-Number digest, 152. 
 
 With Reporter digest, 154. 
 
 With State digest, 154. 
 Use of descriptive word method independent 
 of index, 155. 
 
 DESCRIPTIVE WORDS 
 
 Cross-reference titles as, 155. 
 Defined and analyzed, 139. 
 
 Cause of action or ground of defense, 141. 
 
 Object of action, 141. 
 
 Party or parties concerned, 140. 
 
 Point of controversy, 141. 
 
 Subject-matter, 140. 
 Selection, 142. 
 
 Specific or general words, 150. 
 Use of, in finding the law, 136-161. 
 
 Difficulties presented by specific questions, 
 151. 
 
 Illustrations, 145. 
 
 In exhausting authorities, 242. 
 
 Recapitulation of rules, 156. 
 
 Theory of use, 139. 
 Use with encyclopedias, 205. 
 
 DICTA 
 
 Defined, 302. 
 
 Discordant opinions, 311. 
 
 Embodied in syllabus, 292. 
 
 Hypothetical cases, 300. 
 
 Opposite holdings at same stage of cases, 310. 
 
 Several errors claimed, none found, 311. 
 
 Test of, 306. 
 
 Two or more grounds for decision, 309. 
 
 Use of unnecessarily broad language, 308. 
 
 A'alue of, 307. 
 
 DIGESTS 
 
 As books of secondary authority, 62. 
 BibUography, 68, 78. 
 
 American Digest System, 71, App. 488. 
 Century Digest, 71. 
 Decennial Digest, 72. 
 Historical summary, 70. 
 Key-Number Series, 73. 
 List of, App. 488. 
 Monthly Digest, 73. 
 
 As Key-Number digest, 165 note. 
 English, 78. 
 
 Federal reports, App. 521. 
 General Digest, 76 note. 
 Miscellaneous Digests, 76. 
 National Reporter System, 76, App. 523. 
 Selected Cases, App. 525. 
 Special Reports, App. 526. 
 State reports, 76. 
 
 List of state digests, App. 488. 
 Classification of the law, 249-278. 
 Standard classification scheme, 250. 
 Basic principle, 268. 
 List of main topics, App. 533-544. 
 Rule of precedence, 253. 
 Application of rule, 255. 
 Exceptions, 256. 
 Distinction between general and 
 
 specific main heads, 256, 262. 
 Matters relating to contracts, 257. 
 Matters relating to constitutional 
 
 law, 260. 
 Matters relating to pleading and 
 
 practice, 258. 
 Matters relating to statutes, 262. 
 Use of substantive and remedial heads, 
 
 263, 265. 
 Use of substantive and remedial sub- 
 divisions, 266. 
 Distribution of matter among related 
 topics, 271. 
 Crimes and criminal law, 275. 
 Master and servant, 273. 
 Matters relating to infants, 274. 
 Matters relating to marriage rela- 
 tion, 273. 
 Matters relating to corporations 
 
 and other associations, 275. 
 Matters relating to political subdi- 
 visions, 276. 
 Matters relating to public officers, 
 
 274. 
 Miscellaneous topics, 277. 
 Negligence topics, 271. 
 Railroad group, 273. 
 General description, 68, 78. 
 Mechanics of, 107-135. 
 
 Analysis of topics, 117, 122. 
 Arrangement and contents of topics, IIG. 
 Cross-References, 117, 123. 
 
 Century References, 126. 
 Cross-Reference Titles, 115. 
 Decennial table of American cases, 130. 
 Decennial table of reports, 132. 
 Exhibit of digest features, 110. 
 Main titles or topics, 115. 
 List of, App. 533-544. 
 
INDEX 
 [The figures refer to pages] 
 
 625 
 
 DIGESTS (Cont'd) 
 
 Mechanics of (Cont'd) 
 Scope-note, 116. 
 
 Sections or Black Letter Lines, 119-122. 
 Connecting Century with Key-Number 
 • and other digests, 128. 
 Cumulative table of Key-Number Sec- 
 tions, 129. 
 How to rfead, 134. 
 
 Identity of section numbers in Key- 
 Number Digests, 164. 
 Table of Century sections and corre- 
 sponding Decennial sections, 127. 
 Subdivision of topics, 117. 
 
 Identity of divisions and subdivisions, 
 
 163. 
 Subdivisions in Century Digest, 122. 
 Tables in Key-Number Series, 128. 
 Use of, 107-173. 
 
 Descriptive Word Index, 133. 
 Digests of selected case series, 215. 
 Exhausting authorities, 162-173, 242-245. 
 Identity of divisions and subdivisions, 
 
 163. 
 Identity of section numbers in Key- 
 Number Digest, 164. 
 Use of descriptive word method, 242. 
 Use of Key-Numbers, 164. 
 
 Locating Key-Number for known 
 cases, 167. 
 Use of table of cases, -243. 
 Use of topic analysis, 242. 
 Translating Century section to Key- 
 Number section by Pink Table, 166. 
 Finding cases by descriptive words, 136- 
 161. 
 Analysis of facts, 142. 
 Descriptive words defined, 139. 
 
 Cause of action or ground of de- 
 fense, 141. 
 Object of action, 141. 
 Party or parties concerned, 140. 
 Point of controversy, 141. 
 Subject-matter, 140. 
 Difficulties presented by specific ques- 
 tions, 151. 
 Illustrations of use of descriptive 
 
 word, 145. 
 Recapitulation of rules, 156. 
 Selection of descriptive word, 142. 
 Specific or general words, 150. 
 Theory of descriptive word method, 
 
 139. 
 Use of descriptive word index, 145. 
 
 With Key-Number Digests, 152. 
 Use of descriptive word method inde- 
 pendent of index, 155. 
 Use of words and phrases, 157. 
 Finding facts of case, 170. 
 Importance of analysis of facts, 268. 
 Lists of patents, trade-marks and trade- 
 names, 160. 
 Methods of use, 104, 137. 
 
 Search based on principle of law, 137. 
 Search based upon facts, 138. 
 Bkief Mak.(3d Ed.)— 40 
 
 DIGESTS (Cont'd) 
 
 Use of (Cont'd) 
 
 Standard classification, 109. 
 
 Use of classification in finding law, 
 269. 
 Standard digests, 109. 
 Supplementing by Reporter index, 186. 
 Supplementing encyclopaedias, 210. 
 Supplementing text-books, 194. 
 
 DISTRICT OF COLUMBIA 
 
 Reports of, 31, App. 424. 
 Digests, App. 491. 
 
 E 
 
 ENCYCLOPaiDIAS 
 
 As books of secondary authority, 62. 
 Description and bibliography of, 65, 78. 
 
 Cyclopedia of Law and Procedure, 66. 
 Annotations of, 67, 86. 
 Index and concordance, 205. 
 List of main titles, App. 545. 
 Determination of legal principles, 100. 
 English, 67. 
 
 Finding facts of cases cited, 211. 
 Mechanical features, 200. 
 Supplementing, 209, 247. 
 
 By means of American Digest, 210. 
 Use of, in finding the law, 104, 200-213. 
 
 Exhausting authorities, 246. 
 
 Use of, analysis, 201. 
 
 Use of cross-reference system, 202. 
 
 Use of Cyc. annotations, 209. 
 
 Use of index and concordance, 205. 
 
 ENGLAND 
 
 Courts, 51. 
 
 Terms of the law courts, 56. 
 Encyclopa3dias, 67. 
 Reports of, 51 et seq. 
 
 Abbreviations used in citing, App. 551. 
 As authorities, 332. 
 
 Bibliography of, 51 et seq., App. 450-485. 
 Alphabetical list, App. 450. 
 Chronological list, App. 474. 
 Defects in, 327. 
 Determining date of decisions, 56. 
 
 Regnal years of English sovereigns, 
 56, App. 449. 
 Digests, 78. 
 Mode of citation, 57. 
 Reprints, 58. 
 Selected cases, 58. 
 Statutes, 348. 
 
 ENGLISH REPORTS 
 
 See England. 
 
 ENGLISH STATUTES 
 
 See England. 
 
 EQUITY 
 
 Method of review in, 370. 
 
 EVIDENCE 
 
 Brief of in trial brief, 359. 
 
 Error in admission or rejection of, 371. 
 
626 
 
 INDEX 
 [The figures refer to pages] 
 
 FACTS 
 
 Analysis of, in looking up the law, 99, 142, 
 
 268. 
 Finding facts of the case, 170. 
 Statement in brief on appeal, 368. 
 Statement in trial brief, 358. 
 
 FEDEKAL COURTS 
 
 Reports of, 27, App. 420. 
 
 FEDERAI. REPORTER 
 
 Description, 36. 
 Digests, App. 522, 523. 
 
 FEDERAL REPORTS 
 
 Abbreviations used in citing reports, App. 551. 
 Bibliography of, 27. 
 
 FINDING THE TjAW 
 
 Abbreviations used in citing cases, App. 551. 
 Analysis of facts, 99. 
 Determination of principle, 100. 
 Determining value of authorities, 230. 
 
 Annotated cases, 238. 
 
 Cases cited, 232. 
 
 Citation books, 232. 
 
 Reference to text-books, 238. 
 Examination of statutes, 101. 
 Exhausting authorities, 162-173. 
 
 Tables of cases, 243. 
 Mechanical features of digests, 107-135. 
 Necessity of system, 99. 
 Problem stated, 97. 
 Provisional hypothesis, 100. 
 Search for precedents, 104. 
 
 Search based on principle, 104, 137. 
 
 Search based upon facts, 104, 138. 
 Selection of authorities, 226. 
 Use of descriptive words, 136-161. 
 Use of digests, 107-173. 
 Use of encyclopedias, 104, 200-213. 
 Use of reporters, 174-187. 
 Use of selected cases, 214-224. 
 Use of tables of cases, 175. 
 Use of text-books, 104, 188-199. 
 Use of words and phrases, 157. 
 Verification of authorities, 228. 
 
 FLORIDA 
 
 Reports of, App. 424. 
 Digests, App. 491. 
 
 G 
 
 GEORGIA 
 
 Reports of, App. 424. 
 Digests, App. 492. 
 
 H 
 
 HAWAII 
 
 Reports of, App. 424. 
 
 IDAHO 
 
 Reports of, App. 425. 
 Digests, App. 492. 
 
 ILLINOIS 
 
 Reports of, App. 425. 
 Digests, App. 492. 
 
 INDEX 
 
 As type of search book, 87. 
 
 How to read index lines, 135. 
 
 In text-books, use, 191. 
 
 To Cyc. see Encyclopssdiae. 
 
 To Decennial Digest, see Descriptive Word 
 
 Index. 
 To statutes, 102. 
 
 INDIANA 
 
 Reports of, App. 425. 
 Digests, App. 493. 
 
 INDIAN TERRITORY 
 
 Reports of, App. 425. 
 Digests, see Oklahoma. 
 
 INDUSTRIAL COMMISSION 
 
 Reports of, 31. 
 
 INSTRUCTIONS 
 
 In trial brief, 361. 
 Specification of errors in, 371. 
 
 INTERSTATE COMMERCE COM- 
 MISSION 
 
 Reports of, 31, App. 421. 
 
 IOWA 
 
 Reports of, App. 425. 
 Digests, App. 494. 
 
 JUDICIAL DECISIONS 
 
 American, 25 et seq. 
 
 Bibliography in general, App. 420. 
 Citation of reports, 49. 
 
 Abbreviations used in citing, App. 551. 
 Earliest American case reported, 31. 
 Federal Reports, 27. 
 
 Bibliography in general, App. 420. 
 Circuit Courts of Appeals Reports, 30. 
 Circuit and District Courts, 29. 
 Federal Cases, 29. 
 Federal Reporter, 30, 36. 
 Miscellaneous Reports, 31. 
 United States Supreme Court Re- 
 ports, 28. 
 Lawyers' Edition, 29. 
 Nonofficial edition, 29. 
 Supreme Court Reporter, 29, 36. 
 Nonofficial reports, 35. 
 Miscellaneous, 48. 
 National reporter system, 35. 
 Atlantic Reporter, 36. 
 Bibliography in general, App. 441. 
 Northeastern Reporter, 36. 
 Northwestern Reporter, 36. 
 New York Supplement, 36. 
 Pacific Reporter, 36. 
 Southeastern Reporter, 36. 
 Southern Reporter, 36. 
 
INDEX 
 [The figures refer to pages] 
 
 627 
 
 JUDICIAI, DECISIONS (Cont'd) 
 
 American 
 
 Nonofficial reports 
 
 National reporter system (Cont'd) 
 Southwestern Reporter, 36. 
 Table showing connection between 
 state reports and National Re- 
 porter System, 38, App. 443-447. 
 Selected eases, 42, App. 441. 
 
 American and English Annotated 
 
 Oases, 43. 
 American Annotated Cases, 44. 
 
 Annotations, 46. 
 Lawyers' Reports Annotated, 42. 
 
 Annotations, 44. 
 Trinity Series, 43. 
 Annotations, 46. 
 Special reports, 48, App. 441. 
 Quasi legal reports, 49. 
 State reports, 31. 
 
 Bibliography in general, App. 422. 
 Official and nonofficial reports ex- 
 plained, 33. 
 Table showing connection between 
 state reports and National Reporter 
 System, 38, App. 443-447. 
 As precedents, 26. 
 As repositories of the law, 8, 10. 
 Bibliography, 25 et seq. 
 Canadian, 59. 
 Colonial, 59. 
 DitEerence between decisions and statutes, 282, 
 
 335. 
 English, 54 et seq. 
 
 Bibliography, 54 et seq., App. 450—485. 
 Determining date of decisions, 56. 
 
 Table of Regnal Years, App. 449. 
 Early records, 54. 
 English decisions as authority, 51. 
 Law Reports, 55. 
 Mode of citation, 57. 
 Reports prior to 1865, 54, 55. 
 Reprints, 58. 
 
 American, 58. 
 Selected cases, 58. 
 Year books, 54. 
 How made, 9. 
 
 Method of looking up the law, 97-278.' 
 Methods of reporting, 27. 
 Presentation of authorities, 374. 
 Relative value of, 373. 
 Reports of in general, 25. 
 Sources of law, 7, 8. 
 Study of, 287-333. 
 
 Decision as precedents, 288. 
 
 Theory of common law and civil law 
 
 contrasted, 289. 
 Arguing from analogy, combining cas- 
 es, 320. 
 Decision based on general principle, 289. 
 Dicta, 302, 313. 
 
 Discordant opinions, 311. 
 
 Opposite holding!?, 310. 
 
 Several errors claimed and none found, 
 
 311. 
 Two or more grounds for decision, 309. 
 Unnecessarily broad language, 308. 
 
 JUDICIAL DECISIONS (Cont'd) 
 
 Study of (Cont'd) 
 
 Distinguishing cases, 320. 
 Doctrine of case, 290, 314. 
 Authoritative element, 289. 
 Extracting doctrine of decision, 315- 
 
 319. 
 Point decided, 314. 
 Ratio decidendi, 290. 
 Doctrine of stare decisis, 321. 
 Function of court, 300. 
 
 Hypothetical cases, 300. 
 No oiJinion, 312. 
 Opinion as authority, 297. 
 Opinion ignoring point, 311. 
 Parts of reported cases, 290. 
 Decision, 295. 
 
 Decision and opinion distinguish- 
 ed, 296. 
 Judgment or decree, 295. 
 Opinion, 294. 
 
 Authority of opinion as distin- 
 guished from decision, 297. 
 Statement of facts, 291. 
 Syllabus or headnote, 291. 
 Title, 291. 
 Principles assumed by court, 297. 
 Questions not raised or decided, 298. 
 Ratio decidendi, 314. 
 TJse of, 373. 
 
 Exhausting authorities, 162-173. 
 Selecting, valuing and verifying, 225-239. 
 Selection of authorities, 226. 
 Verification of authorities, 228. 
 Weight of, 230, 281-333. 
 Aids in determining, 238. 
 Annotations, 238. 
 Citation books, 232. 
 Reference to text-books, 238. 
 Caution against hypercriticism, 130. 
 Circumstances affecting, 323. 
 
 Necessity of noticing circumstances, 
 323. 
 Decision by divided court, 326. 
 Decision ignored, 329. 
 Detective reports, 326. 
 Different kinds of authority distinguished, 
 
 284. 
 Effect of dissent, 826. 
 Factors determining, 283. 
 Finality of decision, 230. 
 Isolated or connected decisions, 329. 
 Jurisdiction of court, 329. 
 
 As between courts of different states, 
 
 331. 
 As between federal and state courts, 
 
 331. 
 As between superior and inferior 
 
 courts, 330. 
 Decisions of commission or tempo- 
 rary court, 332. 
 Decisions of English or other foreign 
 
 courts, 332. 
 Decisions of state courts on federal 
 
 questions, 330. 
 Intermediate appellate courts, 330. 
 
628 
 
 INDEX 
 
 [The figures refer to pages] 
 
 JUDICIAL DECISIONS (Cont'd) 
 
 Weight of (Cont'd) 
 
 Later authorities In same jurisdiction, 327. 
 Power of court to overrule its own 
 decisions, 327. 
 Expressly overruled, 328. 
 Impliedly overruled, 329. 
 Decision limited or distinguished, 329. 
 Decision disapproved, 329. 
 Necessity of tracing judicial history of 
 cases, 232. 
 Past judicial history, 232. 
 Subsequent judicial history, 232. 
 Thoroughness of consideration, 324. 
 Cases of first impression, 324. 
 Failure to cite authorities, 325. 
 
 JURISDICTION 
 
 As affecting weight of decisions, 330. 
 Test-books relating to, 23. 
 
 K 
 
 KANSAS 
 
 Reports of, App. 426. 
 Digests, App. 495. 
 
 KENTUCKY 
 
 Reports of, App.- 426. 
 Digests, App. 495. 
 
 KEY-NUMBER 
 
 Annotations in Reporters, 41, 181. 
 Finding Key-Number corresponding to Cen- 
 tury section, 166. 
 Identity of section numbers, 164. 
 Locating a known case, 167. 
 Use of, in digests, 164. 
 
 In Shepard's citations, 235. 
 
 In text-books, 187. 
 
 With Reporters, 185, note. 
 
 KEY-NUMBER DIGESTS 
 
 Connecting Century with Key-Number Di- 
 gest, 128. 
 
 Cumulative table of Key-Number sections, 129. 
 
 Description, 73. 
 
 Descriptive- Word Index, 133. 
 Use of, 152. ■ 
 
 List of, App. 527, 
 
 Table of Cases affirmed, reversed or modified, 
 129. 
 
 Table of Cases Digested, 129. 
 
 Table of Reports, 128. 
 
 KIRBY, EFHRAIM 
 
 Reports of, 31. 
 
 LAW 
 
 Defined, 6. 
 How to find, 97-278. 
 Repositories of, 10. 
 Sources of, 7. 
 
 LAAV DICTIONARIES 
 
 As books of secondary authority, 80. 
 Words and Phrases, 80. 
 
 rEGISEATIVE ENACTMENT 
 As source of law, 8. 
 
 LOUISIANA 
 
 Reports of, App. 426. 
 Digests, App. 496. 
 
 L. R. A. 
 
 Description of, 42, 44. 
 Digests, App. 525. 
 
 Use of, 215. 
 Index of notes, 217. 
 L. R. A. cases as authorities, 85. 
 
 Use of, 222. 
 L. R. A. Red Book, 89. 
 
 Use of, 223. 
 Number of cases reported in, 42, note. 
 Scope of reported cases and notes, 219. 
 Use of, in finding the law, 214-224. 
 
 Subsidiary aids, 222. 
 
 Supplementing, 221. 
 
 L. R. A. CASES AS AUTHORITIES 
 
 Described, 85. 
 Use of, 222. 
 
 L. R. A. RED BOOK 
 
 Description and use, 223. 
 
 M 
 
 MAINE 
 
 Reports of, App. 427. 
 Digests, App. 497. 
 
 MARYLAND 
 
 Reports of, App. 427. 
 Digests, App. 497. 
 
 MASSACHUSETTS 
 
 Reports of, App. 427. 
 Digests, App. 498. 
 
 MICHIGAN 
 
 Reports of, 428. 
 
 Digests, App. 499. 
 
 MINNESOTA 
 
 Reports of, App. 428. 
 Digests, App. 500. 
 
 MISSISSIPPI 
 
 Reports of, App. 428. 
 Digests, App. 500. 
 
 MISSOURI 
 
 Reports of, App. 428. 
 Digests, App. 501. 
 
 MONTANA 
 
 Reports of, App. 429. 
 Digests, App. 501. 
 
 MUNICIPAL CORPORATIONS 
 
 Ordinances, 22. 
 
INDEX 
 
 62L 
 
 [The figures refer to pages] 
 
 N 
 
 NATIONAL KEPORTEB SYSTEM 
 
 Annotations in, 40. 
 
 Century Annotations, 180. 
 
 Key-Number, 41, 181. 
 
 Use of, 179. 
 Bibliography, 35-39, App. 441. 
 Blue Books, 92, 177. 
 Description of, 35. 
 Digests, 76, App. 523. 
 Number of cases reported in, 37. 
 Reporter included, 36. 
 Reverse front tables, 92, 178. 
 Tables of cases on rehearing, 175. 
 Table of cases reported, 175. 
 Table of cases transferred in banc, 176. 
 Table of cases writ of error denied, 176. 
 Table showing state and federal reports cov- 
 ered by, 38, App. 443. 
 Use of, in finding the law, 174-187. 
 
 Cases not annotated, 185. 
 
 Indexes, 179. 
 
 Key-Number, 185, note. 
 
 Parallel Citation Tables, 177. 
 
 Supplementing digest by Reporter index, 
 186. 
 
 Use of tables, 175. 
 
 NEBRASKA 
 
 Reports of, App. 429. 
 Digests, App. 502. 
 
 NEVADA 
 
 Reports of, App. 429. 
 Digests, App. 502. 
 
 NEW HAMPSHIRE 
 
 Reports of, App. 429. 
 Digests, App. 503. 
 
 NEAV JERSEY 
 
 Reports of, App. 429. 
 Digests, App. 503. 
 
 NEW MEXICO 
 
 Reports of, App. 430. 
 Digests, App. 504. 
 
 NEW YORK 
 
 Reports of, App. 431-433. 
 Digests, App. 504. 
 
 NEW^ YORK SUPPLEMENT 
 
 Description, 36. 
 Digests, App. 523. 
 
 NORTH CAROLINA 
 
 Reports of, App. 433. 
 Digests, App. 505. 
 
 NORTH DAKOTA 
 
 Reports of, App. 434. 
 Digests, App. 506. 
 
 NORTHEASTERN REPORTER 
 
 Description, 36. 
 Digests, App. 523. 
 
 NORTHW^ESTERN REPORTER 
 
 Description, 36. 
 Digests, App. 523. 
 
 o 
 
 OBITER DICTA 
 
 See Dicta. 
 
 OHIO 
 
 Reports of, App. 434. 
 Digests, App. 507. 
 
 OKLAHOMA 
 
 Reports of, App. 435. 
 Digests, App. 509. 
 
 OPINION 
 
 Authority of, 297. 
 
 Defined, 294. 
 
 Discordant opinions, 311. 
 
 Distinguished from decision, 296. 
 
 ORDINANCES 
 
 As repositories of law, 22. 
 Construction of, 348. 
 Examination of, 104. 
 
 OREGON 
 
 Reports of, App. 435. 
 Digests, App. 510. 
 
 PACIFIC REPORTER 
 
 Description, 36. 
 Digests, App. 523. 
 
 PATENTS 
 
 List of in Key-Number Digest, 160. 
 
 PENNSYLVANIA 
 
 Reports of, App. 435. 
 Digests, App. 511. 
 
 PERIODICALS 
 
 As books of secondary authority, 81. 
 
 PHILIPPINE ISLANDS 
 
 Reports of, App. 436. 
 
 PINK TABLE 
 
 Described, 127. 
 
 Use of in finding Key-Number corresponding 
 to Century section, 166. 
 
 PORTO RICO 
 
 Reports of, App. 436. 
 
 PRECEDENT 
 
 Decision as precedent, 26, 288, 319. 
 
 Theory of American law and civil law 
 distinguished, 289. 
 Distinguishing cases, 320. 
 How to find, 97-278. 
 
 Exhausting authorities, 162-173. 
 
 Use of words and phrases, 157. 
 Overruled cases, 327. 
 Search for, 241. 
 
G30 
 
 INDEX 
 [The figures refer to pages] 
 
 PRECEDENT (Cont'd) 
 
 Selection of authorities, 226. 
 Stare decisis, 321. 
 
 PREPARATION FOR TRIAIi 
 
 See Trial Brief. 
 
 PROVISIONAL HYPOTHESIS 
 
 Defined, 100. 
 
 Necessity of formulating, 100. 
 
 Use of, 354. 
 
 R 
 
 RATIO DECIDENDI 
 
 Defined, 290, 314. 
 
 Method of determining, 315. 
 
 Corresponding to point decided, 318. 
 
 Not corresponding to point decided, 316. 
 
 REPOSITORIES OF LAW 
 
 Chart of, App. 397. 
 
 RES JUDICATA 
 
 Distinguished from stare decisis, 321. 
 
 REVERSE FRONT TABLES 
 
 Described, 92. 
 Use of, 178. 
 
 REVISED STATUTES 
 
 See Statutes. 
 
 RHODE ISLAND 
 
 Reports of, App. 436. 
 Digests, App. 512. 
 
 ROSE'S NOTES 
 
 Described, 85. 
 
 RULES OF COURT 
 Bibliography of, 23, 24. 
 United States Supreme Court rule 21, speci- 
 men brief under, App. 397. 
 
 SEARCH BOOKS 
 Bibliography, 83-94, App. 486. 
 Defined, 13. 
 Description, 84. 
 Kinds, 84. 
 
 Annotations, 84, 
 Citations, 88. 
 
 List of, App. 486. 
 Shepard's Citations, 88, 233. 
 
 Key-Number in, 235. 
 The Citator, 89. 
 Indexes, ST. 
 
 L. R. A. Red Book, 89. 
 Tables of cases, 89. 
 
 Cases affirmed, reversed, or modified, 94. 
 Cases clti'il, 91. 
 Cases digested, 98. 
 
 Deconiiial table of casos, 98. 
 Cases reported, 90. 
 Parallel citations, 91. 
 Blue Bool5S, 92. 
 For selected cases series, 93. 
 Reverse front-tables, 92. 
 Tables of statutes construed, 94. 
 
 SELECTED CASES 
 
 Bibliography of, 42, App. 441, 
 
 Digests, App. 525. 
 
 English, 58. 
 
 Parallel tables, 93. 
 
 Scope of reported cases and notes, 219. 
 
 Supplementing, 247. 
 
 Use of in finding the law, 214-224. 
 
 By means of digests of the series, 215. 
 
 Exhausting authorities, 247. 
 
 Index to notes, 217. 
 
 Search based on a known case, 220. 
 
 Subsidiary aids, 222. 
 
 Supplementing, 221. 
 
 SESSION LAAVS 
 
 Defined, 17. 
 
 SHEPARD'S CITATIONS 
 
 Described, 88, 233. 
 Key-Number in, 235. 
 
 SOUTH CAROLINA 
 
 Reports of, App. 437. 
 Digests, App. 512. 
 
 SOUTH DAKOTA 
 
 Reports of, App. 437. 
 Digests, App. 513. 
 
 SOUTHERN REPORTER 
 
 Description, 30. 
 Digests, App. 528. 
 
 SOUTHEASTERN REPORTER 
 
 Description, 36. 
 Digests, App. 523. 
 
 SOUTH'WESTERN REPORTER 
 
 Description, 36. 
 Digests, App. 524. 
 
 SPECIAL REPORTS 
 
 Description, 48. 
 Digests, App. .526. 
 List of, App. 441. 
 
 STANDARD CLASSIFICATION 
 SCHEME 
 
 Basic principle, 20.S. 
 Description of, 74, 250-277. 
 
 Categories, 114, 251. 
 
 Theorem, 114, 251. 
 Explained, 249-2 7S. 
 List of main titles, App. 533-544. 
 Rule of precedence, 253. 
 
 Application of rule, 255. 
 
 Exceptions, 256. 
 Distinction between general and specific main 
 heads, 2r,6, 202. 
 
 Matters relating to contracts, 257. 
 
 Matters relating to constitutional law, 
 201 >. 
 
 Matters relating to pleading and prac- 
 tice, 258. 
 
 Matters relating to statutes, 202. 
 Substantive and remedial heads, 268, 265. 
 Substantive and remedial subdivisions, 260. 
 
INDEX 
 
 [The figures refer to pages] 
 
 631 
 
 STANDARD CLASSIFICATION 
 SCHEME (Cont'd) 
 
 Distribution of matter among related topics, 
 
 271. 
 Crimes and criminal law, 275. 
 Matters relating to corporations and other 
 
 associations, 275. 
 Matters relating to infants, 274. 
 Matters relating to marriage relation, 273. 
 Matters relating to political subdivisions, 
 
 276. 
 Matters relating to public officers, 274. 
 Master and servant, 273. 
 Miscellaneous topics, 277. 
 Negligence topics, 271, 
 Railroad group, 273. 
 
 STARE DECISIS 
 
 Defined, 26, 321. 
 
 Distinguished from res judicata, 321. 
 
 Doctrine of, 26, 321. 
 
 Application of doctrine, 322. 
 Power to overrule prior decisions, 327. 
 
 STATEMENT OF FACTS 
 
 Analysis of facts, 99. 
 In brief on appeal, 368. 
 Essentials of, 369. 
 
 Accuracy, 369. 
 
 Clearness, 370. 
 
 Conciseness, 370. 
 
 Must be fair, 369. 
 In trial brief, 358, 359. 
 
 STATE REPORTS 
 
 Annotated reports, 40. 
 
 Bibliography of, 31, App. 422 et seq. 
 
 Digests of, 68 et seq., App. 488. 
 
 Key-Number digests, App. 529. 
 Method of citation, 49. 
 
 Abbreviations used in citing, App. 551. 
 Mode of finding duplicate reports, 92. 
 National Reporter System, 35, App. 441. 
 
 Blue Books, 92. 
 
 Table connection with ofiieial reports, 38, 
 App. 443. 
 Nonofficial report?, 35. 
 Number of volumes, 32. 
 Ofiieial reports, 31. 
 
 Incompleteness of, 32. 
 
 Official and nonofficial reports explained, 
 33. 
 Table showing connection with National Re- 
 porter System, 38, App. 443. 
 Selected cases, 42, App. 441. 
 Special reports, 48, App. 441. 
 
 STATUTES 
 
 Amendment of statute, 346. 
 
 As repositories of law, 10. 
 
 Bibliography of, 17..; 
 
 Codes, 18. 
 
 Compilations, 18. 
 
 Construction, 104, 337-348. 
 
 Construction to avoid retrospective effect, 342. 
 
 Construction to avoid unconstitutionality, 342. 
 
 STATUTES (Cont'd) 
 
 Construed differently from decisions, 335. 
 General rules of construction, 337. 
 Nontechnical rules, 338. 
 Object of, 337. 
 Presumptions, 337. 
 
 Rules applicable to constitutions and ordi- 
 nances, 348. 
 Synonymous with interpretation, 337. 
 Technical rules, 338. 
 
 Rules applicable to all writings, 339. 
 Application of rules of grammar, 
 
 340. 
 Changes in meaning of words, 339. 
 Clerical errors, 341. 
 Context, 339. 
 
 Ordinary and technical words, 339. 
 Punctuation, 340. 
 Resorting to extraneous evidence, 
 
 341. 
 Title and preamble, 341. 
 Rules especially applicable to written 
 law, 342. 
 Ascertaining precise terms of stat- 
 ute, 346. 
 Conditions not within legislative 
 
 intent, 344. 
 Construction already made, 347, 
 Construction in light of existing 
 
 law, 343. 
 Necessity for going beyond rules 
 
 of construction, 345. 
 Judicial construction, 347. 
 
 Statutes common to several 
 
 states, 347. 
 Statute taken from another 
 state,' 347. 
 Legislative construction, 348. 
 Practical construction, 348. 
 Statutes in pari materia, 343. 
 Strict or liberal construction, 343. 
 Penal statutes, 343. ■ 
 Remedial statutes, 344. 
 Subsequent legislation, 846. 
 Validity of statute, 342. 
 Defined, 8, 17. 
 Determining accuracy, 103. 
 
 Condensations and originals, 102. 
 Subsequent legislation, 103. 
 Distinguished from decisions, 282, 335. 
 English statutes, 348. 
 Examination of, 101, 241. 
 Kinds of, 336. 
 
 Ordinances, government orders, and regula- 
 tions, 22. 
 Parts of, 336. 
 Repeal, 346. 
 
 Express, 346. 
 Implied, 346. 
 Revisions, 18. 
 Rules of court, 23, 24. 
 Session laws, 18. 
 
 Table of statutes construed, 94, 176. 
 United States statutes, bibliography of, 20. 
 Compiled Statutes of 1901, 20. 
 Federal Statutes Annotated, 21. 
 
632 
 
 INDEX 
 
 [The figures refer to pages] 
 
 STATUTES (Cont'd) 
 
 United States statutes, bibliography of (Cont'd) 
 
 Revised Statutes of 1878, 20. 
 
 Statutes at Large, 20. 
 Use in trial brief, 360. 
 
 STUDY OF CASE 
 
 Necessity of, 99, 354. 
 Theory of case, 354. 
 
 SUPREME COURT BEPOBTER 
 
 Description, 36. 
 
 SYI.I.ABUS 
 
 As index to case, 293 note. 
 
 Authority of, 291. 
 
 Defined, 291. 
 
 Value of as part of opinion, 291. 
 
 TABLES OF CASES 
 
 Cases affirmed, reversed or modified, 94, 129. 
 Cases cited, 91, 192. 
 Cases digested, 93, 129. 
 
 Decennial table, 93, 130. 
 Cases reported, 90. 
 ■ Described, 89. 
 
 Parallel citations, 91, 177. 
 
 Reporter Blue Books, 92. 
 
 Reverse front tables, 92. 
 
 Selected cases series, 93. 
 Use of in finding the law, 175. 193. 
 
 In locating known cases, 168, 170. 
 
 TENNESSEE 
 
 Reports of, App. 438. 
 Digests, App. 514. 
 
 TEXAS 
 
 Reports of, App. 438. 
 Digests, App. 514. 
 
 TEXT-BOOKS 
 
 As books of secondary authority, 62. 
 Classification and description, 62, 78. 
 Determination of legal principles, 100. 
 Key-Number Annotations in, 187. 
 Mechanical features, 190. 
 Selection of texts, 189. 
 Supplementing, 194, 247. 
 
 By means of American Digest System, 
 194. 
 
 Use of Century and Key-Number annota- 
 tions in Reporters, 198. 
 Use of in finding the law, 104, 188-199. 
 
 Analysis or table of contents, 190. 
 
 Determining value of authorities, 238. 
 
 Indexes, 190, 191. 
 
 In exhausting authorities, 245. 
 
 Tables of cases cited, 192. 
 
 THEORY OF CASE 
 
 Adhered to on appeal, 354. 
 
 Choice of theory, 355. 
 
 Defined, 354. 
 
 Modified by adversary's theory, 357. 
 
 Provisional hypothesis, 354. 
 
 Theory of defendant, 357. 
 
 THIRD LABEI, TABLES 
 
 See Blue Books. 
 
 TRADE-MARKS AND TRADE-NAMES 
 
 List of in Key-Number digests, 160. 
 
 TREATIES 
 
 Bibliography of, 16. 
 Commentaries on, 16. 
 
 TRIAL BRIEF 
 
 Defined, 357. 
 
 Form and contents, 358. 
 
 Abstract of pleadings, 358, 
 Brief of the evidence, 359. 
 Law of the case, 359. 
 
 Briefing the case law, 360. 
 
 Selection of authorities, 226. 
 Briefing statutes, 360. 
 Instructions, 361. 
 Statement of facts to be proved, 358. 
 
 Facts to be proved by adversary, 359. 
 Preparation of in general, 353. 
 Provisional hypothesis, 354. 
 Theory of the case, 354. 
 
 Choice of a theory, 355. 
 
 Theory of case as modified by adversary's 
 
 theory, 357. 
 Theory of defendant, 357. 
 Use of, 361. 
 
 TRINITY SERIES 
 
 Description of, 43. 
 
 Digests, App. 525. 
 
 Notes on American decisions and American 
 
 reports, 223. 
 Use of, in finding the law, 214-224. 
 
 TYPOGRAPHY 
 
 As an important feature of the brief, 376. 
 
 u 
 
 UNITED STATES 
 
 Abbreviations used in citing reports, App. 551. 
 Bibliography of reports, 27, App. 420. 
 
 Circuit and District Courts, App. 421. 
 
 Circuit Court of Appeals, App. 420. 
 
 Commerce Court, App. 421. 
 
 Court of Claims, App. 421. 
 
 Court of Customs Appeals, App. 421. 
 
 Interstate Commerce Commission, App. 
 421. 
 
 Supreme Court reports, App. 420. 
 Digests, App. 521, 522. 
 Statutes, 20. 
 
 Army and navy regulations as statutes, 22. 
 
 Compiled Statutes of 1901, 20. 
 
 Federal Statutes Annotated, 21, 
 
 Revised Statutes of 1878, 20. 
 
 Statutes at Large, 20. 
 
 UTAH 
 
 Reports of, App. 439. 
 Digests, App. 516. 
 
 V 
 
 VERMONT 
 
 Reports of, App. 439. 
 Digests, App. 517. 
 
VIRGINIA 
 
 Reports of, App. 439. 
 Digests, App. 517. 
 
 INDEX 
 [Tbe figures refer to. pages] 
 
 W^RIT OF EBBOB 
 
 As method of review, 370. 
 
 633 
 
 w 
 
 WASHINGTON 
 
 Reports of, App. 440. 
 Digests, App. 518. 
 
 WEST VIBGINIA 
 
 Reports of, App. 440. 
 Digests, App. 519. 
 
 WISCONSIN 
 
 Reports of, App. 440. 
 Digests, App. 520. 
 
 W^OBDS AND PHBASES 
 
 As book of secondary authority, 80. 
 Book of primary authority, 157 note. 
 Cross-reference titles, 125. 
 Use of, in general, 157, 159. 
 Use in preparing or cpnstruing written in- 
 struments, 157. 
 
 W^YOMING 
 
 Reports of, App. 440. 
 Digests, App. 520. 
 
 YEAR BOOKS 
 
 Early English reports, 54. 
 
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