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WISCONSIN REPORTS

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Entered according to Act of Congress in the year one thousand eight Hundred and ninety-five,

BY HENRY CASSON, Secretary of State of the State of Wisconsin, in trust for the benefit of the people of the said

state, in the office of the Librarian of Congress, at Washington.

Ree. Feb. 24, 1896.

STATE JOURNAL PRINTING COMPANY,
PRINTERS AND STEREOTYPERS,

MADISON, WIS.

JUSTICES

OF THE

SUPREME COURT OF WISCONSIN

DURING THE PERIOD COMPRISED IN THIS VOLUME,

Until Fuly 4, 1895.
HARLOW S. ORTON,

Ex officio CHIEF JUSTICE,
JOHN B. CASSODAY,
JOHN B. WINSLOW,
SILAS U. PINNEY,

ALFRED W. NEWMAN.

After Fuly 4, 1895.
JOHN B. CASSODAY,

Ex officio CHIEF JUSTICE.
JOHN B. WINSLOW,
SILAS U. PINNEY,
ALFRED W. NEWMAN,

ROUJET D. MARSHALL.'

Attorney General,

WILLIAM H. MYLREA.

Clerk,

CLARENCE KELLOGG.

1 Appointed August 5, 1895.

MEMORANDUM.

ORTON, C. J., took no part in the decision of any of the cases reported in this volume.

SUPREME COURT RULE XIX.

AS AMENDED APRIL 8, 1895. Unless otherwise directed by the court, the argument of causes is hereby limited to two hours on each side in all cases wherein the amount in controversy (exclusive of costs) is $5,000 or upwards; and one hour on each side in all cases wherein the amount in controversy (exclusive of costs) is less than $5,000 and not less than $500; and to half an hour on each side on all motions and all appeals from orders and in all cases wherein the amount in controversy is less than $500.

In cases of an equitable nature, as well as in actions at law, the appellant shall have the right to open and close the argument.

ERRORS NOTED IN PREVIOUS VOLUMES.

VOL. 68. Page 21, line 19. For alone, read a loan.

VOL. 86.

Page xxii. Read Cartright v. Belmont, 58 W. 370.... 219, 303, 305, 532

VOL. 88.

Page xxv.

Read Richards v. Allis, 82 W. 509..

493, 498

VOL. 89. Page xxii. Read Bowman v. Van Kuren, 29 W. 209.......... 393, 394 “ xxvii. Read Seamans v. Knapp-Stout & Co. Company, 89 W. 171..

308, 545, 549

TABLE

OF

CASES REPORTED.

Albion, Toron of, Jennings v.....

22 American Fire Ins. Co., McFetridge v..

138 American Mutual Accident A880., Murphey v.

206 Anderson, Hanson v

195 Anderson, The State ex rel. Milwaukee Street R. Co. v.. 550 Atlee and another, Hiles v.

72 Augusta, City of, Tebo v..

405

Baraboo, City of, Brown v.

151 Barnes, Bent v....

631 Beach v. Town of Ncenah .

623 Relief and support of the poor: Liability of town: Implied con

tract with physician: Court and jury: Notice. Bent v. Barnes....

631 Equity: Trust fund: Voluntary assignment: Remedy at law:

Waiver of objection: Inconsistent remedies: Replevin. Bent v. Hoxie and others .

625 (1) Sale of standing timber: Reservation of title until payment:

Filing of contract. (2) Mingling of goods: Replevin. Bentley, Reinke v..

457 Berlin Machine Works, Ferriss v..

541 Beuthner v. Ellinger...

439 Malicious prosecution, Bilder and another, The State ex rel. Dunn v. ........ 10

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