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OF

CASES ARGUED AND DETERMINED

IN THE

SUPREME COURT

OF THE

STATE OF WISCONSIN,

WITH

TABLES OF THE CASES AND PRINCIPAL MATTERS.

FREDERIC K. CONOVER,

OFFICIAL REPORTER.

VOLUME 72.

MAY 12 - DECEMBER 22, 1888.

CHICAGO:

CALLAGHAN & COMPANY,

LAW BOOK PUBLISHERS.

1889.

Entered according to Act of Congress in the year one thousand eight hundred and eighty-nine,

BY ERNST G. TIMME,

Becretary of State of the State of Wisconsin, in trust for the benefit of the people of the sald state, in the office of the Librarian of Congress, at Washington.

DAVID ATWOOD,
PRINTER AND STEREOTYPER,

MADISON, WIS.

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This volume contains all cases not previously reported which have been finally determined and are not at this date open for motions for rehearing.

The reporter desires to acknowledge the courtesy of several members of the bar who have called his attention to errors which can be corrected in the plates; and to renew his request in that behalf. MADISON, January 2, 1889.

F. K. C.

ERRATA.

Page 141, line 17. For Laws of 1859, read Laws of 1856.
Page 331, headnote 2, lines 5, 6. For witness, read witnesses.
Page 577, line 16. For 6 Wis. 206, read 6 Wis. 209.

TABLE

OF THE

NAMES OF CASES

REPORTED IN THIS VOLUME.

Abbot and another, Trustees, etc., Blodgett v.

Abbot and another, Trustees, etc., Welch, Administrator,

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516

.. 512

416

182

New trial: Discretion: Value of land: Verdict contrary to evidence.

Anderson v. Sloane and others...

TRESPASS TO PERSONALTY: EXECUTION: DAMAGES. (1) Seizure of stock of goods under executions afterwards set aside: Defense. (2) Measure of damages: Interest: Value of business: Depreciation in goods: Expenses of recovery: Costs paid: Attorney's fees: Supposed loss of profits: Loss by voluntary assignment: Injury to feelings.

Ashland Real Estate and Improvement Company, Rice

566

and another v....

103

Attorney General, The State ex rel., v. Madison Street
Railway Company.

612

Baker, In re..

395

Bank of River Falls v. German American Insurance
Company

535

INSURANCE AGAINST FIRE: PLEADING. (1) Consideration: Payment of premium. (2) Cause of fire. (3) Conditions precedent: Receipt of proofs of loss. (4, 5) Assignment of claim: Statute of frauds.

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