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Connolly, Jr., v. Straw and others...

645

ATTORNEYS-AT-LAW: (1, 2) Not to be discredited as witnesses because of their profession.

WAIVER OF EXEMPTION: (3) Need not be shown to have been "deliberate," or with full knowledge of the law.

Conrad and others v. Schwamb and another...

EQUITY: MARRIED WOMAN: HOMESTEAD. (1-3) Deed by husband and wife intended to convey homestead: misdescription: when, how and against whom equitable relief granted. (4) Grounds of defense against specific performance.

PLEADING. (5) Averment held to be of a conclusion of law.
Cook and others v. McCabe.

CONTRACTS. (1) House destroyed while in process of construction:
whose loss? (2) Measure of contractor's damages. (3) Contract
construed as to time when payment was due.
REVERSAL OF JUDGMENT: (4) For improper compulsory reference.
Cornelius v. Kessel.

EVIDENCE: U. S. LAND OFFICE. (1, 2) Orders of general land office:
mode of proof. (3) Legal effect of cash sales, patents, and orders
of cancellation and reinstatement.

Cotton, Administrator, The National Bank of Dela

van v.

County of Fond du Lac, Bell v.

County of Fond du Lac and others, Pier v..
County of Milwaukee, Clarke v.....

372

250

395

31

433

421

65

County of Winnebago, Fernandez and another v.
Cramer and others v. Hanaford and another...

247

85

FINDINGS. (1) Time for filing: Statute directory. (2) Exceptions, when considered. (3) New trial for indefinite or inconsistent findings.

MARRIED WOMAN. (4) Liability at law, on contract.

Cramer and others, Ludwig and another v.

Cutler, Benson, Administratrix, v

193

107

Dalrymple v. The City of Milwaukee and others...... 178

TAX CERTIFICATES. (1) Limitation of actions upon them. (3) Tax

certificates include street improvement certificates.

INJUNCTION: (2) Motions to grant or dissolve; whole record con

sidered.

David v. Birchard..

MORTGAGE: (1) May be fraudulent though given to secure an honest debt.

REVERSAL OF JUDGMENT: (2) For misleading instructions. PARTNERSHIP. (3) Rights of firm creditors as against sales, etc., by individual partners.

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Dewey and others, Horton v.....

Dobbs and another v. Kellogg and another, imp.

492

317

410

.... 448

PLEADING: COUNTERCLAIM. (1) Who may plead counterclaim. (2, 3) When special issue, in legal action, must be by counterclaim, and when not.

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BAILMENT. (1-3) Seizure and sale, by third person, of property in

bailee's hands: Purchase at such sale, by bailee: Bailor's action against such third person.

REVERSAL OF JUDGMENT: (4) For failure to award nominal damages.

Fenelon and another v. Butts...

Change of VENUE. (1) Only one change for prejudice of the judge. FALSE IMPRISONMENT. (2) Who liable. (3-5) Evidence to charge defendant. (6) Aggravation of damages. (7) Evidence of good faith in mitigation of damages.

INSTRUCTIONS TO JURY. (8) Defective instructions may be refused. VERDICT. (9) When party entitled to special verdict. (10) Excessive damages.

344

Fenske and another, Kluender and another v.
Fernandez and another v. Winnebago County

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COUNTIES: how far liable for expense of publishing election notice.

Fisher v. Shelver...

....

498

MARRIED WOMAN. (1) Burden of proof where she claims property by purchase from her husband.

FRAUD: DEED. (2) Valuable consideration not conclusive against fraud.

REVERSAL OF JUDGMENT: (3) For unsatisfactory evidence and misleading instructions.

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Fond du Lac County and others, Pier v..

421

Fould, Garnishee, and another, Singer and another v.. 226

Gammon and another v. Abrams, Administrator ...... .... 323 (1) Court and jury. (2) Waiver of new trial. (3) Reasonable time: when a question of law. (4) When interest allowed.

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Gillmann and another, Executors, v. Henry...

465

(1) Contract construed. (2) Accommodation maker defined. Graham and others v. The Chicago, Milwaukee & St.. Paul Railway Company.

473

RAILROADS: EXCESSIVE FREIGHT CHARGES: REPEAL OF STATUTE:
FORM OF ACTION. (1) Tort or contract? (2, 3) Repeal of statute;
effect on existing rights of action: Excessive freight charges. (4)
Measure of damages.

Gross v. Eiden, imp

543

LIEN ON LUMBER. (1) What "lumber" includes. (2) Privity of contract required between laborer and log-owner. (3) Case stated.. (4) Certain statutes construed.

53

Grover, Tucker v..

Haight, imp., Rosenfield v....

260

Haight, imp., Schuster and another v.....

290

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415

Hei, Administrator, v. Heller..

CONTRACTS: EVIDENCE. (1) Rule as to parol evidence to add to written contracts. (2) Case stated.

JUDGMENT: COSTS. (3) Form of judgment for costs against administrator, etc.

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Henry, Gillmann and another, Executors, v..

Hinman v. The C. H. Hamilton Paper Company

NEW TRIAL: Unintentional absence of a party at time of trial.

Hinze, Shoemaker v..

Hoile, imp., Brill v.

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Hole and wife v. Robbins and others.

514

Who inherits from adopted child?

Home Insurance Company of New York, Cannon v.. 585 Home Insurance Company of New York, Scott v..... 238 Horton v. Dewey and others

410

MARRIED WOMAN. (1) Burden of proof where she claims property by purchase from her husband. (2) How far bill of sale evidence.

In Re Patrick Carroll's Will..

228

APPEAL FROM PROBATE COURT: COSTS. (1) When circuit court loses authority as to costs on appeal from county court. (2) Its unauthorized order appealable. (3) Discretion of the circuit court as to costs in equity.

Kavanagh and another v. O'Neill, imp

MARRIED WOMAN: (1) As accommodation maker of note: liable only in equity. (2) Proof of intent to charge her separate estate. AMENDMENT OF COMPLAINT: (3) Changing legal to equitable action.

101

Kellogg and another, imp., Dobbs and another v....... 448
Kessel, Cornelius v..

395

Kiefer v. Carrier..

404

REPLEVIN. (1) Demand and refusal of property. (2) When action
commenced. (3) What acts constitute a restoration of the prop-
erty. (4) Damages for detention, how recoverable.

.. 118

Kluender and another v. Fenske and another.

DEED: PRESUMPTION: EVIDENCE: BONA FIDES. (1) Presumption
of fraud or mistake in taking deed. (2) Burden of proof that
money furnished to buy land was a loan or gift. (3) Who pro-
tected as a bona fide purchaser.

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