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MEMORANDUM.

Mr. Justice TIMLIN took no part in the decision of those cases which were argued or submitted prior to January 8, 1907.

OCT 241907

TABLE

OF

CASES REPORTED.

Aid Association for Lutherans, Rohloff v...
Allis-Chalmers Co., Arp v.....

61

454

American Foundry and Furnace Co. v. Settergren..... 338

Sales: Offer to accept return of goods: Failure to return: Remedy of seller: Consideration: Breach of contract: Damages: Appeal and error: Conflict of evidence: Findings: Market value: Witnesses: Competency.

Anderson, State ex rel. Skogstad v.

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227

Arp v. Allis-Chalmers Co......

454

Limitation of actions: Non-residents: Foreign cause of action.

Arpin Lumber Co., Closuit v....

258

Baraboo Land, Mining & Leasing Co. v. Winter....... 457 Vendor and purchaser: Construction of contracts: Purchase or option?

Barta, Blahnik v.....

Bassler v. Rewodlinski....

121

...

26

Joint tenancy: Common-law rights on death of joint tenant: Survivorship: Tenancy in common: Devise by one joint tenant: Effect on right of survivorship: Abolition of joint tenancy by statute: Husband and wife: Tenancy by entireties: Abolition by statute: Rights of wife in realty conveyed jointly to husband and wife.

Beck, Dahlman v.....

Bergenthal, Figge v...

Blahnik v. Barta..........

Fraudulent conveyances: Findings: Evidence.

468

594

121

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Wills: Probate: Appeal to circuit court: Procedure: Estoppel:
Trial de novo: Appearance by attorney: Jurisdiction.

Bower City Mut. Fire Ins. Co., Waukau Milling Co. v...
Boyle, Fogo v.....

47

154

Bradley, Clark & Co., Kohl v.....

301

Breed v. Weed

264

....

Appeals from county courts: Bonds: Liability of surety for costs in supreme court.

Briebach, Farley v...

231

Brunette v. Norber..

632

Husband and wife: Right of wife to acquire property: Tax titles:
Actions to try title: Limitation of actions: "Grantee."

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Appeal and error: Trial after reversal: Law of the case: Religious societies: Rights of members: Diversion of property: Trusts: Exercise of power of appointment by trustee: Evidence: Withdrawal of one unit from religious denomination: Resolutions of supreme body: Bill of exceptions: Certification as to evidence: "All the evidence:" Judgments.

Carlon v. Town of Greenfield....

Highways: Insufficiency: Personal injuries: Frightening horses: Reception of evidence: Appeal and error: Direction of verdict. Carlton, Town of, Pape v.....

Carpenter, Kyle v.....

Catlin & Powell Co. v. Schuppert..

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Trial: Findings, when not necessary: Foreign corporations: Right to transact business and maintain actions: Interstate commerce: Statutes: Construction: "Acquire, hold or dispose of property in this state:" "Affecting the personal liability."

342

123

310

642

Central Manufacturers' Mut. Ins. Co., Waukau Mill. Co. v. 47

Chant v. Clinton Telephone Co.......

Telephones: Construction of lines: Use of highways: Negligence:
Contributory negligence: Statutes: Construction.
Chicago, Milwaukee & St. Paul R. Co., Hardt v..
Chicago & Northwestern R. Co., McKeigue v...
Chicago & Northwestern R. Co., Nelson v.....
Chicago & Northwestern R. Co., Vaundry v..
Chicago, St. Paul, M. & O. R. Co., Johnston v.

533

512

543

214

233

492

Chloupek, Scheuer v.

72

Citizens' Mutual Fire Ins. Co., Waukau Milling Co. v...
Clinton Telephone Co., Chant v......

47

533

Closuit v. John Arpin Lumber Co....

258

Appeal and error: Findings: Conclusiveness: Practice: Ejectment: Adverse possession: Limitation of actions: Privity of, possession: Tacking: Presumptions: Burden of proof.

Clyde, Town of, State ex rel. Limmix v.....
Crawford County Farmers' Mut. Fire Ins. Co., Evans v. 189

159

Curkeet v. Steinhoff .....

146

Trial: Special verdict: Specific finding: Payment: Interest: Costs:
Banks as collecting agents: Authority.

Curtis, State ex rel. McKay v...

357

Custard v. Wigderson...

412

Appeal and error: Direction of verdict: Conflict of evidence: Bankruptcy: Discharge: Collateral attack: Failure to schedule debt: Mistake in spelling name of creditor.

Dahlman v. Beck ....

468

Dahlman v. City of Milwaukee...

Municipal corporations: Public improvements: Special assess.ments: Actions to restrain enforcement: Parties: Pleadings: Cross-complaint: Street improvement tax certificates: Rights of certificate holder: Re-assessment: Judgment against municipality.

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Ne exeat: Functions at common law: Statutory provisions: "Any

468

22

person:" "Sufficient grounds."

Defenders, Supreme Assembly of, Steffen v...

Drake, State ex rel. Sullivan v....

485

152

Dralle v. Town of Reedsburg..

Highways: Defects: Personal injuries: Negligence: Contributory negligence: Evidence: Direction of verdict.

347

Dunham v. Salmon

164

Sales: Warranties: Fraud: Rescission: Principal and agent: Authority to make warranties: Evidence: Witnesses: Cross-examination: Impeachment: Materiality: Appeal and error: New trial on reversal.

1

Elholm, Petersen v... Evans v. Crawford County Farmers' Mut. Fire Ins. Co. 189 Vendor and purchaser: Transfer of title by operation of law, when takes effect: Same, as to third person: Same, as affecting insurance: Husband and wife: Implied agency of wife: Extent and authority: Ratification by husband: Insurance: Proofs of loss by wife: Fraud: False swearing.

Evans, State v.....

381

Fairbanks-Morse Mfg. Co., Parker v....

525

Farley v. Briebach..

231

Assault and battery: Justification.

Farmers' Home Mut. Ins. Co., Roloff v..
Figge v. Bergenthal...

402

Corporations: Officers: Fraud: Borrowing on credit of corporation: Duty of officers to corporation: Sales to corporation by officers: Power of courts to regulate corporate affairs: Actions by stockholders: Injunctions: Limitation of actions: Concurrent remedy at law or in equity: Mutual open accounts current: Accrual of cause of action: Appeal and error: Weight of findings of trial court: Findings, when disturbed: Salaries of corporate officers.

594

F. MacKinnon Mfg. Co., Forster, Waterbury Co. v..... 281 Fogo v. Boyle.....

154

Findings of fact, what constitute: Appeal and error: Review in absence of findings: Evidence: "Timber:" Injunction.

Forster, Waterbury Co. v. F. MacKinnon Mfg. Co...... 281

Sales: Defects: Waiver: Measure of damages: Evidence.

Fricke, Lindsay v......

Fuhrmann, Thompson v....

107

375

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