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MEMORANDA.

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 parties 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.

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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:
Consideration.

Becker, Homestead Land Co. v...

206

Bergeron v. Hobbs and others.....

641

Corporation de facto: County agricultural society: Filing cer

tificate, etc.: Condition precedent.

Bigelow, Gianella v....

185

Blakely v. Smock and others...

....

Partnership: Accounting: Estates of decedents: Claims: Lim-
itation: Misjoinder of causes of action.

Board of Education of Eau Claire, The State ex rel.

Smith v

611

Booth v. Dear and others.....

516

Banks and banking: Statutory liability of stockholders, how
enforced: Exhausting assets: Pleading.

Borchsenius v. Chicago, St. Paul, M. & O. R. Co..... 448
Surface waters: Artificial accumulation by construction of
railroad: Failure to construct culverts: Negligence: Pleading.

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Butero v. Travelers' Accident Ins. Co....

536

Accident insurance: "Intentional injuries: " Murder: Evidence.

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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.

Freckmann v. Supreme Council of the Royal Arcanum 133
Mutual benefit societies: Failure to pay assessment: Suspension
of member ipso facto.

Frederick v. Douglas County and others...

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Furlong, Keefe v..

... 219

Galvin, Warehouse & Builders Supply Co. v......... 523

German American Bank v. Devlin.

Voluntary assignment: Bond of assignee: Failure of officer to
sign jurat of affidavit of sureties: Garnishment.

German Bank v. Muth.....

155

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