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BY JOSEPH PHILLIMORE, LL.D.
AND REGIUS PROFESSOR OF CIVIL LAW IN THE UNIVERSITY OF OXFORD.
CONTAINING CASES FROM TRINITY TERM 1818, TO MICHAELMAS TERM
Since the publication of the Second Volume of this Work, the Reports of several cases decided by Lord Stowell in the Consistory Court of London, have been published by Dr. Haggard, and amongst them are five cases which had appeared in the earlier Volumes of these Reports. The Editor, therefore, feels that he owes it to himself to put the public in possession of the exact degree of authenticity to which his (the first-published) Reports of these cases are entitled. The cases are, Pouget v. Tomkins, (Vol. I. p. 499.) Waring v. Waring, (Vol. II. p. 132.) Harris v. Harris, (Vol. II. p. 111.) Wakefield o. Mackay, (Vol. I. p. 134.) Greenstreet o. Cumyns, (Vol. II. p. 110.) Of these
the three first were at the particular request of Lord STOWELL, submitted to his (Lord StowELL’s) revision before they were published, and severally underwent repeated and elaborate correction from his hand, as the manuscript and the proof sheets now in the Editor's possession most abundantly testify. The fourth, that of Wakefield v. Mackay, was read over by Lord Stowell with the Editor after it had appeared in print, and approved of by him. The fifth, that of Greenstreet v. Cumyns, is almost a literal transcript from the judgment as it was printed in the Second Volume of this work.
In the present Volume two cases will be found which have been reported by Dr. Haggard, viz. that of Gilbert v. Buzzard and Boyer, (p. 335.) and that of Briggs v. Morgan, (p. 325.) The judgment in the former case is taken from a copy corrected by Lord STOWELL and circulated in print soon after it was delivered; and the Report has, besides, the advantage of being prefaced by the arguments of the leading counsel on each side ;—the latter, from the personal share the Editor had in the cause, may be relied upon as an accurate statement, as well of the arguments of Counsel as of the decisions of the Judge.