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agent alleged amended American Express Co amount answer appeal assessment assignment attorney audit authority bank brief Cassoday cause of action certificate charge circuit court cited City of Milwaukee claim complaint construed contract conveyance conveyed costs Cotzhausen counterclaim court of equity creditors damages Dane county deceased deed defendant delivered demurrer duty entitled equity error evidence ex rel execution fact fendant fund garnishee guardian ad litem held interest issue judgment jurisdiction jury justice land learned counsel levy liable logs lots ment Mills Milwaukee County mortgage motion negligence opinion oral argument Outagamie County owner paid parties payment person plaint plaintiff plaintiff in error premises proceedings proof question Railroad Railway reason record recover respondent Rock county rule sheriff statute suit sustained testimony therein thereof tion town track treasurer trial verdict void witness writ
Page 322 - If any implication is to be indulged from the delivery of the goods under the general notice, it is as strong that the owner intended to insist upon his rights and the duties of the carrier, as it is that he assented to their qualification. The burden of proof lies on the carrier, and nothing short of an express stipulation by parol or in writing should be permitted to discharge him from duties which the law has annexed to his employment.
Page 540 - A person who has been convicted of a crime or misdemeanor is, notwithstanding, a competent witness in a civil or criminal action or special proceeding ; but the conviction may be proved, for the purpose of affecting the weight of his testimony, either by the record, or by his cross-examination, upon which he must answer any question, relevant to that inquiry ; and the party cross-examining him is not concluded, by his answer to such a question.
Page 390 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Page 73 - ... rule of law that no person is bound by any judgment in an action to which he is not a party, unless he claims his right under some one who was a party thereto. This case cannot be governed by the...
Page 174 - A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action; 2.
Page 536 - When by reason of challenge or otherwise a sufficient number of jurors duly drawn and summoned cannot be obtained for the trial of a cause, civil OT criminal, the court shall cause jurors to be returned from the bystanders, or from the county at large...
Page 79 - ... no error or informality in the proceedings of any of the officers connected with the assessment, levying or collecting of the taxes, not affecting the substantial justice of the tax itself, shall vitiate or in any manner affect the tax or the assessment thereof...
Page 31 - The defendants were common carriers, and therefore bound to receive the goods for carriage. They could make no inquiry as to the ownership. They have not voluntarily raised the question ; it was raised by the demand of the real owner before the defendants had parted with the goods.
Page 126 - ... and a motion to set aside the verdict and for a new trial was granted, unless the plaintiff consented to reduce the verdict to $821.21, which he did, and judgment was entered thereon accordingly, and the defendant appealed .to this court.