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. MADISON, July 13, 1878. O. M. C. EVIDENCE. (1) Deposition: Effect of witness's reading interroga- tories before examination. (2) Declarations as parts of res gestæ. TAXATION: INJUNCTION. (1) When collector's fees and interest at 12 per cent. payable on valid taxes. (2) School-district tax; form of clerk's certificate. (3, 4) Road tax; presumption as to validity. DIVORCE: ALIMONY: JURISDICTION. (1) Jurisdiction in divorce statutory. (2) Power to divest husband of realty. (3) Alimony defined. (4) Power to revise judgments after term. (5) Judgment dividing real property in divorce, not revisable after term. STATUTE OF FRAUDS: SALE OF GOODS. (1, 2) Valid sale must be shown in vendee's action for breach. (3-6) Memorandum. (7, 8) Bahl and others, Lackas v. 53 E INSURANCE AGAINST FIRE. (1) Waiver of proofs of loss. (2) Effect REVERSAL OF JUDGMENT: (3) Appellant must show error injurious Bassett and another v. Hughes. CONTRACTS: RIGHT OF ACTION: EVIDENCE. (1, 2) Right of per- son, for whose benefit contract is made, to sue thereon. (3) Proof of payment. (4) Consideration, a conveyance; grantee's possession Bayley and another, imp., Carrington v. Bell, The President and Trustees of the Village of 488 CONTRACTS: CHATTEL MORTGAGE: SHIFTING OF TITLE: COURT RAILROADS: ACTION: company on lands a trespass. (2-4) Measure of damages. Brewers' Insurance Company of America, Bammessel v. 463 Capron v. The Supervisors of Adams County........ 613 INVALID TAX SALES: STATUTE OF LIMITATIONS. (1, 2) Plea of statute by county favored. (3) Quare as to absolute effect of stat- ute. (4) Who may sue on invalid tax certificate. APPEAL TO SUPREME COURT. (1) Record on appeal from order. (2) Amendment of defective record. (3) Record of court below im- CHANGE OF VENUE. (3, 4) Affidavit for change on account of pre- 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 Carter v. Wyatt... 570 JUSTICES' COURTS. Jurisdiction as dependent on return of process. ATTORNEY AND CLIENT: (4) Duty of attorney as to payment of PLEDGE OF CHOSE IN ACTION. (1) Obligation of pledgee to collect Chicago & Northwestern Railway Company, Blesch v. 183 Chicago & Northwestern Railway Company, Curry v. 665 Chicago & Northwestern Railway Company, Dean v.. 305 Chicago & Northwestern Railway Company, Smith v. 686 Chippewa County, Supervisors of, and others, Pound v. 63 ... WITNESS. (1-3) Competency of wife as witness for husband: Proof TRESPASS. (4) Liability of owner of dog for damage done by it VARIANCE. (5) A variance between pleading and proof held imma- City of Fort Howard, imp., Schettler v. City of Milwaukee, Van Valkenburgh v. ... City of Mineral Point, Prideaux and wife v.... Clark County, Supervisors of, The Green Bay & Mis- sissippi Canal Company v. Clark County, Supervisors of, Stevens v. Clegg and others v. Jones and others ... 536 48 638 574 513 252 36 482 EQUITY: VERDICT: EXCLUSIVE MINING LEASE. (1) Verdict in 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... LIBEL: PLEADING. (1) Criticism of political speech, when prima facie libelous. (2) Question of privileged publication not raised on |