ACCOUNT BOOKS as evidence. See SALE OF CHATTELS, 4.

ACCOUNTING. See MORTGAGES. PARTNERSHIP, 7-10. PLEADING, 2.

ACTION.

Cause of Action. See BILLS AND NOTES, 1. COMMON SCHOOLS. CON-
TRACTS, 1, 4. CORPORATIONS, 1, 2, 4-8. DEATH, 1. DEBTOR AND
CREDITOR. EASEMENTS, 2. EQUITY. EVIDENCE, 2. FRAUD. HUS-
BAND AND WIFE, 2. INSURANCE. LIBEL. LIMITATION OF ACTIONS,
LOGS AND LUMBER, 2, 5, 6. MARRIAGE. MASTER AND SERVANT,
4, 9. PARTNERSHIP, 7. PHYSICIANS AND SURGEONS. RAILROADS,
2-7, 21, 22, 28. RELIGIOUS SOCIETIES. REPLEVIN. SALE OF CHAT-
SETOFF. SPECIFIC PERFORMANCE. SURETYSHIP.
TELEPHONE COMPANIES. TOWNS, 1-3, 6. VENDOR,

2.

TELS, 2, 7-11.
TAXATION, 1.

ETC. OF LAND. WATERCOURSES. WILLS, 6, 7.

By whom to be brought — Who may maintain. See CONTRACTS, 4.
CORPORATIONS, 4-6, 8. DEBTOR AND CREDITOR. ESTATES OF DE-
CEDENTS, 3. INSURANCE, 5. MARRIAGE, 1, 4. PARTNERSHIP, 3.

Conditions precedent. See HIGHWAYS, 7, 8. INSURANCE, 6.

Limitations. See ESTATES OF DECEDENTS, 1, 2.

TIONS. SURETYSHIP, 1-3. TAX TITLES, 3.

Abatement. See PARTIES.

Consolidation.

LIMITATION OF AC-

1. Two of three heirs having each brought actions to charge the repre-
sentative of the administrator of the estate of their ancestor, and
one who had been the business partner of said administrator, sepa-
rately, with the profits arising from their dealings with the lands of
said ancestor, and it appearing that each cause of action arose out
of the same transactions and that the rights of all parties could be
fully protected in a single action, the court properly ordered that all
four actions be consolidated and, on motion of the third heir, that
he be made a party to the consolidated action. Biron v. Edwards.
Biron v. Scott,
477
2. The power of a court of equity to consolidate actions does not depend
upon any statute for its existence.

Civil or Criminal? See FORFEITURES.

Ibid.

Law or Equity? See DEBTOR AND CREDITOR. INSURANCE, 4, 5. PART-
NERSHIP, 7.

Tort or Contract? See LOGS AND LUMBER, 2.

Various Actions and Proceedings.

Against a County.

For compensation for publishing list of unredeemed lands, 214.
To set aside taxes, cancel tax certificates, etc., 672.

Against a Town.

Upon town orders, 29, 31.

For work and labor, 33, 38.

For death of person caused by defective highway, 152.

For injuries to person from defective highway, 523, 544.

To recover expenses of commission to review equalization, 165.
For amount to be raised for joint free high school, 532.

Against Public Officers.

Commissioner of Insurance. Mandamus to compel issuance of cer-
tificate to insurance company, 284.

County Judge. Quo warranto.

County Clerk. Upon official bond.

Sheriff. To restrain prosecution of action, 210. For conversion, 649.
Town officers. For trespass to land, 356.

School board. On school orders, 27.

Against a Railway Company.

For injuries to person from negligence, 1, 218, 228, 247, 371, 621.
For death of person through negligence, 349, 405.

For killing horse on track, 585.

To quiet title to land, 114.

For compensation for land taken, 159, 653.

Against a Telephone Company.

For injuries caused by obstruction of highway, 589.

Against an Insurance Company.

On fire policy, 4, 87, 336, 611.

On accident policy, 618.

To close up its business, etc., 366.

Against a Bank.

To recover money deposited, 501.

Against other Private Corporations.

For injuries to persons from negligence, defective appliances, etc., 9,
14, 51.

For breach of agreement as to time of doing work, 72.

To charge stockholders with debts for services, 101.
Garnishment, 199.

To have stock adjudged void, and to compel issuance of stock, 453.
For balance of purchase price of logs, 548.

Against Estates of Decedents, Administrators, etc.

On promissory notes, 108, 569.

To recover dower, etc., 557.

Against Guardian.

Accounting, 666.

Mandamus to commissioner of insurance, 284.

Quo warranto to county judge, 601.

To collect forfeitures, 448.

For assault with intent to do great bodily harm, 273.

For murder, 271, 276.

For adultery, 467.

For threatening communications, 460.

For perjury, 630.

For assault with intent to kill, 643.

By the Attorney General.

To close up the business of an insurance company, 366.

By a County.

On official bond of county clerk, 24.

To recover expenses of commission to review equalization, 165.

By a City.

To restrain erection of building in river, 288.

By a School District.

For amount to be raised by town for joint school, 532.

By a Bank.

On promissory notes, 486.

By other Private Corporations.

For compensation for land taken for railroad, 159.

For purchase price of chattels, 430.

By Executors, Administrators, etc.

For damages for death of intestate, 152, 174, 349, 505.
For construction of will, 305.

Replevin, 405.

Ejectment, 573.

For an accounting, etc., 419.

By an Assignee for Benefit of Creditors.

For moneys deposited in bank, 501.

Actions arranged according to their subject matter.

On official bond of county clerk, 24.

On town orders, 29, 31.

On school orders, 27.

On fire insurance policy, 4, 87, 336, 611.

On accident insurance policy, 618.

On promissory notes, 108, 486, 568.

For breach of covenants in warranty deed, 124.

For breach of land contract by vendor, 520.

To recover purchase money paid for land, 584.

For rent of engine under written lease, 343.

For price of chattels under written contract, 55, 430.

On written contract for services, 33, 38, 378.

For statutory compensation for publishing list of unredeemed lands, 214.

For breach of written contract for sale of logs, 55.

For breach of written contract to furnish logs for sawing, 548.

For breach of written contract to do work in such time as not to de

lay other contractors, 72.

For debt due on account stated, 394.

To collect forfeitures, 448.

To recover expenses of commission to review equalization, 165.

For amount to be raised by town for joint school, 532.

For balance due for chattels sold and delivered, 45, 548.

For balance due for services under oral contract, 329, 538.

For commission for finding purchaser for land, 81.

For breach of oral or implied warranty of bull, 470.
To recover money deposited in bank, 501.

To recover money loaned, 515.

For money had and received, 674.

To recover money paid to defendant's use, 121.

For contribution, against partners, 579.

For contribution, against co-surety, 435.

On implied contract to pay for chattels converted, 340.
For trespass upon land, 356, 593.

For obstruction of right of way, 266.

For wrongful conversion of chattels, 509, 649.

For killing of horse on railroad, 585.

For injuries to persons from negligence, 1, 51, 218, 228, 247, 371, 621,

For injuries to persons from defective machinery, etc., 9, 14.

For injuries to person from defective highway, 523, 544.

For injuries to person from obstruction in highway, 589.

For death caused by negligence, 349, 505.

For death caused by defective highway, 152.

For death caused by malpractice of surgeon, 174

For libel, 43, 236.

Ejectment, 270, 414, 573.

To recover dower, etc., 557.

Proceedings for condemnation of land for railroad, 159, 653.

Replevin, 136, 146, 405, 677.

Garnishment, 199, 322, 402.

Quo warranto, 601.

Mandamus, to compel issuance of certificate to insurance company, 284.

To close up business of insurance company, 366.
Application for leave to sue on judgment, 131.

Taxation of costs, 142.

Final accounting of guardian, 666.

Claims against estates of decedents, 108.

For construction of will, 305.

To annul marriage, 634.

For an accounting and to recover value of ore mined, 419.

For an accounting and to have mortgage debt adjudged paid, 258.

To charge stockholders with corporate debts for labor, 101.

To have corporate stock adjudged void, and to compel issuance of stock, 453.

To foreclose mortgage, 263.

To charge land with plaintiff's support, under will, 439.

To charge trustee with profits, 477.

To have taxes and tax certificates declared void, 672.

To set aside chattel mortgages and a sale thereunder, and to restrain prosecution of action, 210.

To restrain erection of building in river, 288.

To quiet title to land, remove clouds, etc., 77, 114, 660.

For specific performance of land contracts, 95, 182.

For murder, 271, 276.

For adultery, 467.

For perjury, 630.

For assault with intent to kill, 643.

For assault with intent to do great bodily harm, 273.

For sending threatening communication, 460.

ADMINISTRATORS AND EXECUTORS. See ESTATES OF DECEDENTS. WILLS

ADULTERATION in foods, etc. See FORFEITURES, 1.

AGENCY. See RELIGIOUS SOCIETIES. TAX TITLES, 4, 5. VENDOR, ETC., OF LAND, 1, 4.

AMENDMENT of pleading. See PLEADING, 1.

ANNULMENT of marriage. See MARRIAGE

ANSWER. See MORTGAGES, 1. PARTIES. PARTNERSHIP, 2. PRACTICE, 1.
RAILROADS, 1. SALE OF CHATTELS, 8.

ANTENUPTIAL AGREEMENT. See HUSBAND AND WIFE, 2-4.

APPEAL

To Supreme Court. See APPEALABLE ORDER. BILLS AND NOTES, 4.
COSTS, 3. CRIMMINAL LAW, 1, 2. INSTRUCTIONS TO JURY, 5. LIBEL,
9. NEW TRIAL.

1. Where there is no bill of exceptions this court will assume that there
was evidence sustaining all the findings of fact by the trial court
and disproving all inconsistent inferences. Morrow v. Lander, 77
2. A certificate to a bill of exceptions regularly signed by the judge,
that "the above and foregoing was and is all the testimony given
on the trial of the above-entitled action," is sufficient. Muetze v.
Tuteur,
236

3. An erroneous statement by plaintiff's counsel, at the commencement
of the trial, as to the nature of the action, which did not mislead
the defendant, is not ground for reversal of the judgment. Lee v.
Campbell,
340
4. Where the bill of exceptions is not certified by the trial judge to con-
tain all the evidence, it will be presumed that every fact pleaded
which is essential to support the judgment was proved on the trial.

Ibid.

5. An exception to the whole of the charge to the jury is too general to
be available on appeal. Smith v. Coleman,

343

6. The right to appeal from an order is waived by a party who accepts
the costs awarded to him as the condition upon which the order
was granted.

'From Justices' Courts.

Ibid.

7. Upon appeal to the circuit court, if there is no trial de novo, the ver-
dict of the jury in a justice's court must stand, unless it is clearly
unsupported by the evidence. Johnson v. Borson,

APPEALABLE ORDER.

See APPEAL, 6.

593

1. An order modifying certain findings of fact and conclusions of law
in a manner different from that asked, and refusing to modify
others, is not appealable. Smith v. Shawano Co.

2. An order taxing or retaxing costs is not appealable.

APPLICATION of payments. See SURETYSHIP, 3.
ARBITRATION. See INSURANCE, 6.

ASSIGNMENT.

For benefit of creditors. See SETOFF. VOLUNTARY ASSIGNMENT.
Of partnership claim. See PARTNERSHIP, 3.

ATTORNEYS AT LAW. See CRIMINAL LAW, 3.

BANKS AND BANKING. See SETOFF.

BILL OF EXCEPTIONS. See APPEAL, 1, 2, 4. CRIMINAL LAW, 1, 2.
BILL OF PARTICULARS.

See SALE OF CHATTELS, 3.

672

Ibid.