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MEMORANDUM.

Unless otherwise noted, when the opinion of the court is written by LYON, C. J., CASSODAY, J., WINSLOW, J., or PINNEY, J., the statement of the facts is also prepared by the same justice.

ERRATA.

Page 127. The third headnote should read as on p. 684 under CRIMINAL LAW, 3.

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TABLE

OF

CASES REPORTED.

Abbot and another v. McCadden....

(1) Railroads: Death of employee: Running switch engines at unlawful speed: Custom: Assumption of risk. (2) Damages recoverable for death.

Allen v. News Publishing Co...

Libel: Malice of corporation publishing newspaper.

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Promissory notes: Limitation of actions: Pleading: Negative pregnant.

Arnold v. The State.....

563

120

341

642

581

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Criminal law and practice: Assistance to district attorney: Witnesses: Remarks of judge.

Ashland County, Geraghty v.

36

...

Ashland County, Wisconsin Central R. Co. v....... Attorney General, The State ex rel., v. Cunningham... 440 Aultman & Co. v. Ritter

1

395

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Bannister v. Phelps and another....

Debtor and creditor: Fraudulent conveyance: Knowledge of

256

grantee.

Barnes v. Burns.....

232

Sale of chattels : Warranty: Special verdict: Appeal.

Begole v. Hazzard and others....

274

Evidence: Transactions with person since deceased: Tax titles:

Redemption by minor: Parol trusts.

Blindert v. Kreiser....

174

Revocable mining license: Interest in land: Lien of judgment:
Fraudulent conveyance.

Board of Education of Superior, Lafebre v.

660

Board of School Directors of Eagle River v. School Dis

trict No. 1 of Merrill.

543

School districts: Division: Apportionment of assets.

Board of School Directors of Pelican v. Board of School

Directors of Rock Falls....

428

School districts: Division: Apportionment of debts and assets:
Word "credits" construed: Evidence.

Brinker v. Meyer and others...

33

(1) Evidence to vary written contract: Contemporaneous writings. (2) Bond to pay debts: Notice of action: Costs.

Britton v. Green Bay & Ft. Howard Water Works Co. 48

Water company: Insufficient supply of water: Liability to individuals for losses by fire.

Burbank, The State ex rel., v. Mayor, etc. of Superior 649 Burnham, S. C. Herbst Importing Co. v..

Burns, Barnes v..

Cameron, Harris v....

Casgrain v. Milwaukee County.

(1) Equity Reformation of contract: Pleading. (2-4) Construc

tion of contract: "Extras:" Ambiguity.

408

232

239

113

Eagle River, School Directors of, v. School District No. 1. 543

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Landlord and tenant: Construction of lease: Renewal: Tenancy

by sufferance: Notice to quit.

Eliot v. Eliot....

295

Marriage: Annulment: Nonage: Fraudulent representations:
Estoppel: Pleading.

England and another v. Westchester Fire Insurance Co. 583

Insurance against fire: "Vacant or unoccupied" building: Condition construed: Waiver: Difference between earlier and later policies.

Estate of Gerry, Mulholland v.....

647

Evans, Kempster v....

247

Everman v. City of Menomonie.

624

(1) Practice: Reopening case for new evidence: Discretion. (2, 3) Municipal corporations: Defective sidewalks: Personal

injuries: Evidence.

Farr v. Semple..

230

(1, 2) Gifts: Evidence: Appeal: Immaterial error. (3) Interest on unliquidated claim.

Fehley, Kyle v....

67

Filkins v. Nunnemacher and others....

91

Right of foreign receiver to sue in this state: Judicial comity:

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(1-3) Landlord and tenant: Right to remove building: Evidence: Replevin. (4) Record of action as evidence: Variance in name.

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(1) Justices' courts: Appeal: Sufficiency of notice. (2) Reproof

of counsel by court. (3) Improper remarks of counsel.

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