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COPYRIGHT, 1916,

BY

THE STATE OF WISCONSIN.

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MEMORANDA.

Mr. Justice MARSHALL took no part in the decision in Randall v. M., St. P. & S. S. M. R. Co., reported in 162 Wis. on page 507. He took no part in the decision of cases reported in this volume on pages 2024, 151-159, 293-306, 312-321.

Mr. Justice TIMLIN took no part in the decision of cases in this volume except those reported on pages 1-24, 270-273, 275-282, 484507.

Mr. Justice ROSENBERRY took no part in the decision of the cases reported in this volume on pages 1-19, 300-306.

This volume includes all the cases, not previously reported, which have been finally determined by the court. In five cases of the January term, in which opinions were filed in May and June, 1916, motions for rehearing are still pending.

Madison, August 7, 1916.

F. K. C.

TABLE

OF

CASES REPORTED.

Abaly v. State....

Criminal law: Sodomy: Evidence: Competency: Other offenses: Reputation: Corroboration: Instructions to jury: Alibi: Unfair trial: Reversal of conviction.

609

A. Kieckhefer Elevator Co., Mechanical A. Co. v...... 647 Allis, Will of..

....

...

452

Wills: Construction: Interest of grandchildren in estate: Validity: Perpetuities: Executors and trustees: Final discharge: Guardian ad litem of infants: Allowances.

Attorney General, State ex rel., v. Stoughton Club..... 362

Baldwin v. Frisbie..

Fraudulent conveyances: Husband and wife: Estates of decedents: Creditors' action: Receivers: Rights of widow who colluded in fraud: Reimbursement for debts paid by her: Allowances: Parties: Administrator: Appeal: Dismissal.

Bank of Wisconsin, Johnson v.

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Trusts and trustees: "Income" and "corpus" of trust estate: Division of profits: Increase in value: Insurance moneys: Dividends on corporate stock: Purchase and resale of property: Interest accrued at death of cestui que trust: Dividends afterwards declared.

26

369

275

Becker v. Jones...

226

Highways: Laying out: Appeal, when to be taken: "Deter

mination:" Notice of time, etc., for appointment of commis-
sioners: Service: Jurisdiction of justice.

Bentley, State ex rel. La Crosse Public Library v...... 632 Bess, Dilberner v.

Birdsong & Company, Inc., v. Marty..

264

516

Sales: Contract by letters, etc.: Construction: "Minimum car:"
Breach by seller: Measure of damages: "Market price."

Bishop v. State....

Rape: Assault with intent: Evidence: Sufficiency.

Board of Regents, State ex rel., v. Donald. . . .
Brautigam, National Life Insurance Co. v.
Bright v. City of Superior...

Waters: River or arm of lake? Title to river bed: Platting and
conveyance: Requisites of plat: Acknowledgment by agent:
Ratification: Equity: Injunction: Protecting abstract prop-
erty rights as against enterprise of great public benefit:
Vacation of platted streets in Superior Bay: Election of
remedies: Appeal: Direction of judgment, to avoid further
litigation.

Broadbent v. Hutter....

359

145

270 1

380

Mortgages: Deed absolute in form: Assumption of mortgages:
Mistake: Reformation: Laches.

Buchholz v. Rosenberg..

312

Building contracts: Substantial performance: Allowances to owner for defects: Interest on balance due: Garnishment: Costs.

Bugajski v. Milwaukee Western Fuel Co....

.. 116

Master and servant: Injury caused by latent danger: Warning: Duty of master: Delegation to foreman: Evidence: Variance: Harmless error.

Bundy, State ex rel., v. Nygaard..

307

Campbell v. Germania Fire Insurance Co.....

Appeal: Questions of fact: Harmless errors: Evidence: Temporary exclusion: Waiver of right to introduce: Witnesses: Refreshing memory: Conspiracy: Admissions: Weight: Instructions to jury: Fire insurance: Fraud: Removal of property: Destruction in new location.

329

Canning v. Chicago & Milwaukee Electric R. Co...... 448 Street railways: Negligence: Collision with vehicle: Special verdict: Sufficiency: Instructions to jury: Positive and negative testimony: Contributory negligence: Questions for jury: Witnesses: Competency: Physicians and surgeons: Appeal: Harmless error.

Carthew v. City of Platteville..

226

Casualty Company of America, Hoeffler M. Co. v...... 184

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