Sidor som bilder
PDF
ePub
[blocks in formation]

Madison Mutual Insurance Company, Joliffe v....... III
Madison Mutual Insurance Company, Sherman v.... 104
Magoon v. Callahan...

FORECLOSURE OF LAND CONTRACT: VACATING JUDGMENT. (1) De-
fendant not required to deposit money alleged to have been paid.
(2) Allowed one year for making payment. (3) Required to pay
sum admitted to be due as a condition of opening judgment.

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.

[blocks in formation]
[blocks in formation]

Merriam v. Field....

578

(1) Sale of goods: implied warranty. (2) Error in instructions not
cured. (3) Exceptions filed after trial. Act of 1874.
Merrill and others v. Nightingale and others ... . . . . . . .

CONTRACT: GOODS MADE TO ORDER. (1) Breach of warranty:
Rights of purchaser.
EVIDENCE. (2) When maker, in action for contract price, may prove
actual value. (3) Order of proof under control of trial court.
(4) Rebutting evidence as to breach of warranty.

REVERSAL OF JUDGMENT. (3) No fatal error where appellant not
injured. (5) When verdict will not be disturbed.

247

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:

Pepper and others v. O'Dowd..

.....

.....

538

STATUTE OF LIMITATIONS: ADVERSE POSSESSION. Limits of con-
structive adverse possession defined.

568

Pitzner v. Shinnick...

NEGLIGENCE: RAILROAD CROSSINGS. (1) Recovery not allowed for
injury of which plaintiff's negligence was the proximate cause.
(2) The rule applied to killing of cattle where defendant has left
open gate at railroad farm-crossing. (3) Questions of negligence
for the jury, unless proof conclusive.

Pringle v. Dunn and others. (Motion for rehearing.). 435
PRACTICE: REHEARING AFTER Judgment. (1) General rule as to

rehearing after judgment. (2-4) Rehearing in this court, after

[blocks in formation]

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.

[blocks in formation]

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)
Statute granting franchise must designate a certain grantee.

« FöregåendeFortsätt »