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MEMORANDUM.

This volume contains all cases finally disposed of prior to June 4, 1878, and not previously reported.

Only thirteen of the decisions herein contained were announced before the beginning of the current year; but all cases heard upon call of the calendar of the August term, 1877, are reported as of that term.

Eleven of the cases in this volume were argued after the enlargement of the court by the addition of two justices. These will be found on pp. 604-692. Mr. Justice TAYLOR took no part in the decision of any of these.

0. M. C. MADISON, July 13, 1878.

Capron v. The Supervisors of Adams County........ 613

INVALID Tax SALES: STATUTE OF LIMITATIONS. (1, 2) Plea of

statute by county favored. (3) Quære as to absolute effect of stat-

ute. (4) Who may sue on invalid tax certificate.

CONSOLIDATION OF ACTIONS. (5) Effect of stipulation.

Carpenter and another v. Shepardson ..

APPEAL TO SUPREME COURT. (1) Record on appeal from order.

(2) Amendment of defective record. (3) Record of court below im-

ports absolute verity.

CHANGE OF VENUE. (3, 4) Affidavit for change on account of pre-

judice of judge. (5, 6) Waiver of defects in such affidavit.
Carrington v. Bayley and another, imp.

507
PLEADING: Complaint on guardian's bond.
Carroll v. Bohan...

218
TRIAL: SPECIAL VERDICT. (1) Order of trial of equitable and

legal issues. (2, 3) Requisites of special verdicts.
Carter v. Wyatt..

570
JUSTICES' COURTS. Jurisdiction as dependent on return of process.

Charboneau v. Orton and another...

ACCORD AND SATISFACTION: EVIDENCE: (1, 3) Whether a receipt

was in full upon its face. Proof of intent.

ATTORNEY AND CLIENT: (4) Duty of attorney as to payment of

moneys collected, and how enforced.

Charter Oak Life Insurance Company v. Smith and

others..

329

PLEDGE OF CHOSE IN ACTION. (1) Obligation of pledgee to collect

when due. (2) Burden of proof as to diligence. (3) Pledge of in-
surance policy; when pledgee entitled to collect loss. (4) Prima
facie evidence of his negligence.

of her agency.

48

TRESPASS. (4) Liability of owner of dog for damage done by it

while trespassing on another's close.

VARIANCE. (5) A variance between pleading and proof held imma-

terial.

City of Fort Howard, imp., Schettler v.
City of Madison, Kelley and wife v..

638
City of Milwaukee, Van Valkenburgh v.

574
City of Mineral Point, Prideaux and wife v..... 513
Clark County, Supervisors of, The Green Bay & Mis-
sissippi Canal Company v.

252
Clark County, Supervisors of, Stevens v.

36
Clegg and others v. Jones and others ..

.. 482
EQUITY: VERDICT: EXCLUSIVE MINING LEASE. (1) Verdict in

equity not conclusive. (2, 3) When evidence of exclusive right to

mine land must be clear. (4) NEW TRIAL.

Colburn, Seymour v.

Cook v. The Berlin Woolen Mill Company and others, 433

EQUITY: PRIVATE CORPORATIONS: SALES. (1-3) Conveyance of

property of private corporation to its directors. (4-6) Sale of such

property to ministerial officer of the corporation. (7) Ratification.

(8) Right of action to avoid such sale.

Cottrill v. Cramer and others......

242

LIBEL: PLEADING. (1) Criticism of political speech, when prima

facie libelous. (2) Question of privileged publication not raised on

demurrer.

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