PRACTICE: SPECIAL VERDICT: APPEALABLE ORDER. (1) Special verdict inconsistent with general verdict must prevail. (2) Plaint- iff not injured by order arresting judgment on general verdict. COMMON CARRIER. (4) Railway not liable for loss of goods by fire after reasonable time to remove them from depot. (5) Goods pre- sumed ready for delivery at any time after receipt at destination. (6) Reasonable time to remove goods, when question for jury; when for court. (7) Defendant not liable on the case stated. (8) Ab- sence of consignee does not extend time of liability of carrier. Likens v. McCormick and another... PRACTICE: OPENING JUDGMENT: SERVICE BY PUBLICATION. (1) Defect of jurisdiction waived by neglect of defendants to ap- peal from order to answer on vacating judgment. (2) Statute au- thorizing service by publication must be strictly followed. (3) When service by mailing summons and complaint invalid. (4) When personal service on one of two defendants without the state insufficient. (5) Defendants irregularly served may have de- fault opened. Madison Mutual Insurance Company, Joliffe v....... III FORECLOSURE OF LAND CONTRACT: VACATING JUDGMENT. (1) De- 141 Matthews and wife v. The Town of Baraboo... 674 VARIANCE. AMENDMENT. (1) Amendment at trial. When vari- ance waived and when disregarded after verdict. HIGHWAYS. (2) Extent of liability of towns for defective highways. REVERSAL OF JUDGMENT. (1) Error in admitting evidence cured. (3) Inadmissible evidence rejected on erroneous grounds. (5) Error Merriam v. Field.... 578 (1) Sale of goods: implied warranty. (2) Error in instructions not CONTRACT: GOODS MADE TO ORDER. (1) Breach of warranty: REVERSAL OF JUDGMENT. (3) No fatal error where appellant not 247 AGENCY: FRAUD. (1, 3) When one acting as vendor's agent pre- cluded from claiming for services as agent of vendee. PRACTICE. (2) Error in rejecting material evidence not cured by a Milwaukee, City of, Herzer v. 360 Milwaukee, City of, Seehawer v.. 409 Mineral Point, City of, and another, Wilson v........ 160 Moe v. Moe. (Three Appeals.). 308 CHANGE OF VENUE: STAY OF PROCEEDINGS: APPEAL: DIVORCE: TEMPORARY ALIMONY. (1) Right of defendant in divorce to have venue changed to his county, even when it must afterwards be removed thence. (3) Demand of such change does not stay proceedings. (2) Double appeal for same relief. (4) Record on appeal from order for temporary alimony. (5) Power of court to which the cause is removed, over previous allowances for tempo- Murphey, In re.. 286 CRIMINAL CONTEMPT. Judgment or order not reviewable on appeal. PERSONAL PROPERTY: Right OF ACTION. (1) Presumption that dwelling forms part of realty. (2) House being removed becomes personalty while in transitu. (3) One who has no possession not guilty of conversion. (4) When vendor in land contract can not maintain trover or replevin for house. (5) Vendor's remedy by Northwestern Mutual Life Insurance Company, Hull, Adm'r, v...... 397 Northwestern National Insurance Company, Johnson v. 87 Pepper and others v. O'Dowd.. ..... ..... 538 STATUTE OF LIMITATIONS: ADVERSE POSSESSION. Limits of con- BETTERMENT ACT. (1) Applicable to recovery of undivided interest. Pierce and others v. Covert, imp. PARTNERSHIP: DISSOLUTION: REAL ESTATE. How real property to be disposed of on decreeing a dissolution, where title was taken by the partners in their individual names, and the undivided share of one conveyed to a stranger; there being other assets sufficient. 568 SALE: DELIVERY: STATUTE OF FRAUDS. (1) Title to logs does not pass until measured, unless so agreed. (2) Question of delivery. Case stated. (3) Parol contract, not executed by delivery, void un- der statute of frauds, notwithstanding subsequent payments. PRACTICE. (4) Practice on remanding judgment when evidence not Pitzner v. Shinnick... NEGLIGENCE: RAILROAD CROSSINGS. (1) Recovery not allowed for JUDGMENT: PRESUMPTION: COSTS. (1, 4) Presumptions to sustain judgment for costs, on appeal. JUSTICES' COURTS. (2, 3) What actions cognizable therein. DISCRETIONARY COSTS. (5) In circuit court, when case cognizable by J. P. When verification of original complaint sufficient. Pringle v. Dunn and others. (Motion for rehearing.). 435 rehearing after judgment. (2-4) Rehearing in this court, after JUSTICE'S COURT. (1) Jurisdiction of statutory action against railroad company, for work in building road. RAILROAD COMPANY. (2) Liable in statutory action to employees of contractor in the second degree; (3) although nothing then due such contractor. Reeve and another v. The Liverpool, London & Globe Insurance Company and another.. 520 BURDEN OF PROOF. Onus on defendant in action by indorsee of commercial paper taken in regular course of business, to show not only fraud but that plaintiff is chargeable with notice of it. 570 Russell and another v. Lennon,... Exemption from execution against partnership property. Schattschneider v. Johnson and others,.... CHANGE OF VENUE. (1) Appealable order. Res adjudicata. Denial of one motion does not bar a second. (2) Discretion of trial court as to change of venue for prejudice of the people of the county. Scheike v. Johnson and others.... 387 .... 384 Reversal of judgment. Seehawer v. The City of Milwaukee... 409 CHANGE OF VENUE for prejudice of judge. When applicant's affidavit upon belief, conclusive, and when not so. Sellers v. The Union Lumbering Company. 525 HIGHWAYS. (1) What rivers of this state are highways? STATUTES: FRANCHISE. (2) Right to take tolls a franchise. (3) |