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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 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.

TABLE

OF

CASES REPORTED.

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:

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 ..

611
Partnership: Accounting: Estates of decedenís: Claims: Lim-

itation: Misjoinder of causes of action.

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

Smith v

95

Booth v. Dear and others...

516
Banks and banking: Statutory liability of stockholders, how

enforced: Exhausting assets: Pleading.
Borchsenius v. Chicago, St. Paul, M. &0. R. Co..... 448
Surface waters: Artificial accumulation by construction of

railroad: Failure to construct culverts: Negligence: Pleading.

Boyd v. Western Paving & Supply Co....

149

Breese, Guetzkow Brothers Co. v.

591

Brown, J. A. Fay & Egan Co. v..

434

Buckstaff, McCallan v...

316

Burhans, Wilson v...

550
Butero v. Travelers' Accident Ins. Co..

5.36
Accident insurance: “Intentional injuries:" Murder: Evidence.

Carlson, McGeoch v.

138

Chicago, Milwaukee & St. Paul R. Co., Andrews v.... 348

Chicago & Northwestern R. Co., Bartlett v.

335

Chicago & Northwestern R. Co., Schiffler v...

141

Chicago, St. Paul, M. & 0. R. Co., Borchsenius v..... 448

Chicago, St. Paul, M. & 0. R. Co., Conroy v.
Chicago, St. Paul, M. & 0. R. Co., Ililbard v. 143
Chicago, St. Paul, M. & 0. R. Co., McCann v.

664
Clarke v. German Bank of Sheboygan.

552
Debtor and creditor: Husband and wife: Fraudulent convey.

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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

verdict.

Follansbee and others v. Kellner

149

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....

2:22
Corporations: Stock subscriptions: False representations of pro-
moters: Rescission: Restoring consideration: Accounting for

profits: Equity: Practice.
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....

411

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..

... 155
Voluntary assignment: Bond of assignee: Failure of officer to

sign jurat of affidavit of sureties: Garnishment.

German Bank v. Muth......

342

Mortgages: Setting aside for fraud: Failure to ascertain con-

tents: Husband and wife.

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