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Mr. Chief Justice CASSODAY took no part in the decision of those cases in which the opinions were filed June 24, 1897.
This volume contains all cases which were finally determined and in which opinions were filed prior to September, 1897. The delay in its appearance has been caused by the continued ill-health of the official reporter. Volume 97 is now in press, and it is hoped that the succeeding volumes will be issued at short intervals.
ERRORS NOTED IN PREVIOUS VOLUMES.
VOL 95. On page 98 the statements as to the attorneys for the respective par. ties should read as follows:
For the plaintiff there was a brief by Brown & Pradt, and oral argument by Neal Brown.
For the defendant Paff the cause was submitted on the brief of Silverthorn, Hurley, Ryan & Jones.
For the defendant Lemke the cause was submitted on the brief of Mylrea, Marchetti & Bird.
Ætna Life Ins. Co., Rossiter v.......
466 Agen, Hand v.....
493 Alfree Mfg. Co. v. Henry...
327 American Mutual Accident A880., Schmidt v........ 304 Andrews v. Chicago, Milwaukee & St. Paul R. Co.... 348 Railroads: Injury to employee coupling cars: Special verdict:
Proximate cause: Custom: Construction of statute: Improper
remarks of counsel: How error may be cured. Arndt v. Keller and wife......
274 Building contracts: Failure to complete: Condition precedent:
Recovery for work done. Ashland County, St. Joseph's Hospital Asso. v........ 636
Baier v. Schermerhorn....
... 372 (1) Writ of error: Adequate remedy by appeal. (2) Obstruction
of highway: Special injury to individual. Barrett Mfg. Co., Roth v....
615 Bartlett v. Chicago & Northwestern R. Co............ 335 Railroads: Failure to operate spur track: Ownership: Pleading:
206 Bergeron v. Hobbs and others....
641 Corporation de facto: County agricultural society: Filing cer
tificate, etc.: Condition precedent. Bigelow, Gianella v........
Blakely v. Smock and others ..
itation: Misjoinder of causes of action.
Booth v. Dear and others...
enforced: Exhausting assets: Pleading.
railroad: Failure to construct culverts: Negligence: Pleading.
Burhans, Wilson v...
Chicago, St. Paul, M. & 0. R. Co., Conroy v.
Clausen v. Hale
Appeal: Preponderance of evidence.
Cole and another v. Getzinger and others ....
arising from situation of parties: Evidence: Practice: Par-
Cream City Brewing Co., Winterfield v..
Docter and others v. Riedel and another....
deposit on note.
Enos and another v. Sanger and another...
tend time. (3-5) Evidence: Books of account: Proof of con-
tents. (6-13) Insurance against fire: Court and jury: Instruc-
tions: Credibility of witnesses: Fraud avoiding policy: Special
Follansbee and others v. Kellner
Fox v. Masons' Fraternal Accident Asso. of America... 390
Accident insurance: Agreement to arbitrate, when void: Public
policy: Occupation: “Lumberman in woods: " Special verdict:
Instructions: Construction of policy: Particular exposure:
Self-executing change of classification.
Franey v. Warner and others....
profits: Equity: Practice.
of member ipso facto.
Frederick v. Douglas County and others....
Counties: Enjoining payment of money: Action by one tax-
payer on behalf of all: Parties: District attorney: Power of
county board to employ another attorney: Recovery of money
illegally paid: Estoppel: Voluntary payment.
Galvin, Warehouse & Builders Supply Co. v... ... 523
German American Bank v. Devlin..
sign jurat of affidavit of sureties: Garnishment.
German Bank v. Muth......
Mortgages: Setting aside for fraud: Failure to ascertain con-
tents: Husband and wife.