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Entered according to Act of Congress in the year one thousand eight hundred and ninety-seven.

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.

Rec. Dec. 10,1897.

STATE JOURNAL PRINTING COMPANY,

PRINTERS AND STEREOTYPERS,

MADISON, WIS.

JUSTICES

OF THE

SUPREME COURT OF WISCONSIN

DURING THE PERIOD COMPRISED IN THIS VOLUME.

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.

SUPREME COURT RULES.

RULE XII, AS AMENDED SEPTEMBER 28, 1897.

Three copies of the printed case shall be served by the plaintiff in error or appellant on the opposite party at least forty days before the day set for the argument of the cause.

RULE XIV, AS AMENDED SEPTEMBER 28, 1897.

The brief of the appellant or plaintiff in error must be served on the opposite party at least fifteen days, and that of the respondent or defendant in error at least five days, before the cause is called for argument. Failure by a party to comply with this rule will entitle the opposite party (if not himself in default) to a continuance for the term, with twenty-five dollars costs; provided, however, the court may, in its discretion, direct that the cause stand for argument in its order. Either party may, without service thereof, submit a supplemental brief on the argument, but the same must be strictly confined to matter in reply to the brief on the other side. (45 Wis. 519; 46 Wis. 703; 50 Wis. and 70 Wis.) No brief will be received or filed after the close of the argument in any case except in cases where permission has been obtained at or before the argument of the case for special cause.

MEMORANDUM.

Owing to the illness of the official reporter this volume (like volumes 29, 69, 79, and a large part of volume 94) has been prepared and conducted through the press by James Simmons, Esquire, of the Walworth county bar.

TABLE

OF

CASES REPORTED.

Adams, The State ex rel., v. Burdge and others.....

A. Fuermann Brewing Co., Bursinger v

390

597

Agnew v. Farmers' Mutual Protective Fire Ins. Co.... 445

Insurance: Evidence in action on policy: Instructions: Waiver.

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Corporations, when competent to contract: Stockholders' liability.

Bailey, Town of Cady v..

Baillie v. Stephenson and others

Garnishment: Equitable assignment.

Bank of Commerce, Bryant v...

Bartz v. Paff and others..

Vendor and purchaser: Specific performance: Lien of judg

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370

500

476

95

389

383

441

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