OF CASES ARGUED AND DETERMINED IN THE SUPREME COURT OF THE STATE OF WISCONSIN, WITH TABLES OF THE CASES AND PRINCIPAL MATTERS. FREDERIC K. CONOVER, OFFICIAL REPORTER. VOLUME 68. CHICAGO: CALLAGHAN & COMPANY, LAW BOOK PUBLISHERS. 1888. Entered according to Act of Congress in the year one thousand eight hundred and eighty-eight BY ERNST G. TIMME, 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. DAVID ATWOOD, MADISON, WIS. SUPREME COURT RULE. Adopted Dec. 13, 1887, to take effect Jan. 2, 1888. In all criminal cases the plaintiff in error shall prepare and serve upon the Attorney General, at least ten days before the case is called for argument, a printed or written statement of the points of error relied upon. MEMORANDUM. Mr. Justice LYON took no part in the decision of any of the cases reported in this volume in which the opinions were filed subsequent to April 1, 1887. This volume contains all cases finally disposed of prior to June 1, 1887, and not previously reported. Its appearance has been delayed by the ill-health of the reporter. It is expected that volume 69 (containing cases from June to November, 1887) will be issued in a comparatively short time, and will soon be followed by volume 70. The case of Poposkey v. Munkwitz (page 322) was prepared for publication by James Simmons, Esquire, of the Walworth county bar, and the cases decided April 12, 1887, with the exception of Peitz v. The State, were also in large measure prepared by him. A. L. Sanborn and Chas. N. Brown, Esquires, of the Dane county bar, have also each assisted in the preparation of a few of the cases reported herein. ERRORS NOTED IN PREVIOUS VOLUMES. Page xxv, and p. 195, line 4. VOL. 67. Page xxviii. Read Scheiber v. Read Ladd v. Anderson, 58 W. 591. Page xxviii, and p. 627, line-4. Read State v. Farmer, 49 W. 459. Page xxix. Read Steffen v. C. & N. W. R. Co. 46 W. 259, and Stephengon v. Wilson, 50 W. 95. Page 730. Under SESSION LAWS read: 1871, P. & L. ch. 45, and 1871, P. & L. ch. 45, sec. 10. (1) Logs and timber: Cutting by mistake: Confusion: Retaking by owner. (2) Conversion: Interest. (3) Limitation of ac(4) Parties: Assignment of cause of action. tions: Laches. Atkinson v. Harran.... 405 Assault and battery: Pleading: Justification: Special damages. Instructions to jury: Duty of court and of counsel: Contracts: Baker, Garnishee, etc., First National Bank of Dubuque v.. 442 Baum and others v. Bosworth and others, Garnishees, etc. 196 (1) Debtor and creditor: Fraudulent conveyance: Chattel mortgage. (2) Evidence of value: Reversal of judgment. Blake v. Blake.... Divorce: Alimony or partition of estate? Board of Supervisors and Town Clerk of the Town of 303 Leon, The State ex rel. Smith v.... 502 |