PREFACE.

THIS volume of Reports being printed at a great distance from the residence of the Reporter, he has been obliged to have it pass through the press with more rapidity than would have been desirable under other circumstances. It is not improbable, therefore, that many inaccuracies have escaped his observation, which would have been detected if he had had ample time for a critical examination of the proof sheets. He trusts, however, that no serious errors will be found in the work.

This volume contains all the cases, in which any principle has been decided, and which have not been previously reported, to the end of December term, 1840.

The Roll of Attorneys has been inserted as a part of the legal chronicles of the State; but the price of the book has not been enhanced thereby.

THE REPORTER.

CHICAGO, October, 1841.

(1) By an act passed Feb. 10th, 1841, the Judiciary was reorganized; the Circuit Judges legislated out of office; and the number of Judges of the Supreme Court increased to nine. Acts of 1840-1, 173. Under this act, the five Judges last named were elected, by joint vote of the two houses of the General Assembly, Feb. 15th, 1841.

(2) Mr. Lamborn was elected Attorney General, and commissioned Dec. 23d, 1840, in place of Mr. Kitchell.

Samuel D. Lockwood, (Justice of Sidney Breese, (Justice of Supreme

1821.

1822.

Elias K. Kane, (late U. S. Senator,) Henry Eddy, Shawneetown.(1)

(1) Mr. Eddy was elected and commissioned a judge of the Circuit Court, Jan. 19, 1835. He resigned the office, Feb. 10, 1835.