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MEMORANDUM.

Mr. Justice LYON took no part in the decision of those cases reported in this volume in which the opinions were filed April 29, 1890.

ERRORS NOTED IN PREVIOUS VOLUMES.

VOL. 61.

Page 184, line 6. For 3 Iowa, read 3 Greene (Iowa).

VOL. 68.

Page 354, line 9. For 59 Mich. 107, read 63 Mich, 454.

VOL. 75.

Page 521, line −3; page 526, line −5; and page 720. For Laws of 1856, read P. & L. Laws of 1856.

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Legal holidays: Judicial acts: Approval of bond of assignee for benefit of creditors.

Alexander v. Oneida County....

56

(1) Injunctional order: Modification by stipulation. (2) County orders: Sale: Statute of frauds. (3) Agency: Evidence. (4) Interest. (5) Evidence of demand. (6) Tender.

Anderson v. Stewart and another..

43

Railroads: Fences: "Depot grounds."

Bell, The State ex rel., v. Harshaw and another.

230

Beloit Straw Board Co., Whetstone v...

613

Below v. Robbins....

600

Executions: Judgment for conversion of exempt property is ex

empt: Practice: Reopening order.

Bernhard, A. G. Spalding & Bros. v...

368

Beyer and others v. Soper Lumber Co........

145

(1) Contracts: Logs and lumber: Measurement. (2, 3) Removal of cause to federal court: When and to what court application must be made.

Black, Grignon and others v...

674

Blakeslee v. Hewett and others.

341

Promissory notes: Indorsement by strangers: Agency: Demand

and notice of dishonor: Married women: Setoff.

Boorman v. Juneau County and another...

Taxation: Unequal assessments: Mistake of fact: Valuation without actual view: Objection before board of review: Condition precedent to action: Pleading: Repeal of statute. Bratton v. Town of Johnson and another.............

Taxation: Inequality of assessment: Objection before board of review as condition precedent to action: Repeal of statute. Braunsdorf v. Fellner.

(1) Appeal: Evidence: Immaterial error. (2) Evidence of attachment. (3, 5) Instructions to jury: Mistake in stating fact: Burden of proof. (4) Payment by delivery of property: Conversion. (6) Damages: Loss of profits. (7) Evidence: Court and jury. (8) New trial as to single issue.

550

430

1

Buel v. Buel

413

Unlawful detainer: Landlord and tenant: Parent and child.

Buell and others, Murray v

657

Burke, In re.....

357

Burrows v. Rutledge and others..

Public lands: Annulment of sale for fraud: Action to cancel patent: Who may maintain.

20

33

Carlson and another, John Pritzlaff Hardware Co. v.. Chicago, Burlington & Northern R. Co., Davenport v. 399 Chicago, Milwaukee & St. Paul R. Co., Hooker v..... 543 Chicago, Milwaukee & St. Paul R. Co., Mills v....... 422 Clark v. Clark and others..

Mortgages: Transfer of title: Merger: Estates of decedents. Coleman and another, Hinton v...

306

221

Combs v. Scott.....

662

VENDOR AND PURCHASER OF LAND: EQUITY. (1) Specific performance: Laches. (2) Retention of cause in equity to grant' compensation. (3) Measure of damages. (4) Certainty in description.

Cook and others v. Van Horne.......

520

SALE OF CHATTELS: LOGS AND LUMBER. (1) When title passes. (2, 3) Marked logs: Recording bill of sale. (4) Non-delivery: Presumption of fraud, how rebutted.

Cudworth v. Gaynor

296

Pleading: Bill of particulars: Variance in amount claimed.

Davenport v. Chicago, Burlington & Northern R. Co.. 399 Railroads: Fences: Killing of horses on track: Negligence of

third person.

De Voin v. De Voin

....

(1) Sale of interest in partnership: Mistake: Overpayment: Ac-
tion for money had and received. (2) Consideration for prom-
ise to repay.
(3) Reformation or cancellation. (4) Fraud:

Court and jury.

Dikeman v. Struck...

66

332

Defective service: General appearance: Notice of retainer and of appeal. District Board, etc., The State ex rel. Weiss and others v. 177 Docter and another v. Furch and others....

(1) Demurrer: Res adjudicata. (2) Land contract: Specific performance: Abatement from price for deficiency in quantity. Doyle and another v. Roth Manufacturing Co........ Sale of chattels: Delivery: Bill of lading in vendor's name. Dresen and wife, Marston and another v.

153

48

418

Dudley v. Dudley...

567

...

Antenuptial deed in fraud of marital rights: Dower: Homestead.

Duffies v. Duffies....

374

Married women: Action for loss of husband's society and sup

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(1-3) Debtor and creditor: Chattel mortgage void as to one of

several mortgagees: Attachment: Replevin: Judgment. (4) Special verdict: Undisputed fact not found.

Fellner, Braunsdorf v....

1

First National Bank of Milwaukee, Mc Laren v...... 259 Fischer v. Laack and another..

(1-3) Easements: Alleys: Dedication: Way of necessity. (4) Action: Law and equity: Amendment of complaint.

313

Forest County v. Langlade County....

605

Constitutional law: Division of counties: Apportionment of assets and liabilities: Enforcement of claims.

Frazier v. Turner and another

562

Criminal law: Larceny: Pleading: Void warrant: False imprisonment: Participation in arrest: Advice of counsel.

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Contracts: Application of partial deliveries: Damages: Interest.

Gassner v. Marquardt.

579

Replevin: Stolen property: Transfer to third person.

Gaynor, Cudworth v......

296

Gibbon v. Hughes and another.

409

Sale of chattels: Evidence: Instructions to jury.

Gilbert v. Stockman....

62

Land contract: Parol evidence of additional agreement.

Gill v. Milwaukee & Lake Winnebago R. Co ........ 293

Railroads: Eminent domain: Practice.

Goltz v. Milwaukee, Lake Shore & Western R. Co..... 136

Master and servant: Defective appliances: Contributory negligence: Special finding construed.

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