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Entered according to Act of Congress, in the year eighteen hundred and seventy-six,

BY CALLAGHAN & CO.,
In the office of the Librarian of Congress, at Washington, D. C.

ATWOOD & CULVER, STEREOTYPERS AND PRINTERS,

MADISON, WISCONSIN.

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Attorney General, A. Scott SLOAN.
Clerk,

LA FAYETTE KELLOGG.

MEMORANDUM.

This volume contains all the cases, not previously reported, which are ripe for reporting at this date; including all those finally determined here before the sixth of June, ult. Under the statute and rules of court, cases of the latter date are still open to motions for rehearing.

All causes finally argued at the August term, 1875, are reported as of that term; although all except four of those included in the present volume were determined on or after the first of February of the current year.

In accordance with the views of the court, where there was oral argument here, the counsel who appeared here are alone named in the report of the argument. Where a cause was submitted on briefs, the names of counsel are given as found upon the briefs. MADISON, July 1, 1876.

0. M. C.

EXCESSIVE DAMAGES: COMPENSATORY AND EXEMPLARY DAM-

AGES. (1, 2) Setting aside verdict for excessive damages. (3)

Case stated; damages for personal injuries held excessive. (4)

Effect of former verdict for same sum. (5) Exemplary damages,
when allowable. (6) When verdict must be treated as for com-

pensatory damages only.

Berrinkott v. Traphagen and another, imp....

... 219

BOND. (1) Penalty or liquidated damages? (2) Exercise of obligee's

option on breach of bond, and notice thereof to obligor.

Berry and others, Kelly v....

669
Bishop, Greening v.

552
Brewster and another v. Carmichael.
REPLEVIN: Logs: DAMAGES. (1) When court may direct verdict

for plaintiff in replevin. (2) Proof of value of stumpage rejected,
and statutory rule of damages applied. (3) Identification of the

property. (4) When action of replevin treated as action of trover.

Brookins, Mc Williams v....

334

Brown v. Worden...

432

HUSBAND AND WIFE: PLEADING. Liability of husband for neces-

saries furnished wife depends on circumstances, which must be

stated in complaint.

Burrington, Adm'x, Tyler v...

376

450

481

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