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. 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: 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: 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- 611 Booth v. Dear and others..... 516 Banks and banking: Statutory liability of stockholders, how Borchsenius v. Chicago, St. Paul, M. & O. R. Co..... 448 Butero v. Travelers' Accident Ins. Co.... 536 Accident insurance: "Intentional injuries: " Murder: Evidence. Cole and another v. Getzinger and others.... Equity: Setting aside conveyance of land: Fraud: Presumption 559 Common Council of Tomahawk, The State ex rel. Mari- Conroy v.. Chicago, St. Paul, M. & O. R. Co.......... 243 Railroads: Injuries to passenger viewing wreck; Explosion of oil tank: Contributory negligence: Inconsistent special ver- dict: Setting aside findings: Judgment: Appeal. Cooper v. Insurance Company of Pennsylvania..... Insurance against fire: Conditional ownership of single article: Docter and others v. Riedel and another... 158 (1) Abuse of process. (2) Banks and banking: Application of Donahue, Miller v. Douglas County, Frederick v.. Enos and another v. Sanger and another........ Agreement to pay debt of third person as part of purchase price 498 411 150 F. Dohmen Company (Limited) v. Niagara Fire Ins. Co. 38 (1, 2) Change of venue: Transmission of papers: Motion to ex- 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 Fox v. Masons' Fraternal Accident Asso. of America... 390 Corporations: Stock subscriptions: False representations of pro- Freckmann v. Supreme Council of the Royal Arcanum 133 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. 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 155 |