Reuter and another vs. St. Louis and others. The following opinion was filed December 6, 1877. RYAN, C. J. This case is indistinguishable in principle from the cases of Aultman v. Jett, 42 Wis., 488, and Aultman v. Hetherington, id., 622, and is ruled by them. By the Court. The judgment of the court below is reversed, and the cause remanded for a new trial. INDEX. ABUSE OF DISCRETION. See NEW TRIAL. ACCEPTANCE OF GOODS. See FRAUDS, STATUTE OF, 7, 8. ACCOMPLICE. See EVIDENCE, 9. ACTION. See LIMITATION OF ACTIONS. (A.) Civil or Criminal? (B.) Cause of Action. municipal ordinances as are not also See ADMINISTRATORS, etc. AGENCY, 3. ARCHITECT, etc., 3-5. (C.) By whom to be brought. See CONTRACTS, 1. CORPORATIONS (B.), 1, 2. MARRIED WOMAN. In Supreme Court, p. 381. Against the State: On contract of architect, etc., of Northern Hospital Against a County. To restrain tax sale, pp. 36, 55, 252, 627. To restrain issue of tax deed, p. 63. To recover moneys paid for void tax certificates, pp. 129, 613. For personal expenses of deputy sheriff, p. 303. For board and services of turnkey, p. 311. Against a City. To restrain tax sale, p. 48. For injuries from defective highway, pp. 513, 638. For damages from proceedings to condemn lands, p. 574. Against a Town. Upon town orders, p. 60. For injuries from defective highway, p. 509. To restrain tax sale, 620. (D.) Various Actions and Proceedings — (continued). Against a Guardian and his Sureties, p. 507. Against Administrators or Executors. For conversion of pledge given to their decedent, p. 332. For lumber sold to their decedent, p. 414. For labor done and materials furnished for their decedent, p. 427. Against Attorneys-at-Law. For moneys collected in suit for plaintiff, p. 96. Against Railroad Company. To recover penalty for taking excessive tolls, pp. 146, 686. For trespass to land, p. 183. For injuries to domestic animal on track, pp. 305, 665. To restrain diversion of road, p. 493. Against Insurance Company: On fire insurance policy, pp. 108, 323, Against other Private Corporations, pp. 93, 255, 267, 433. By the State. To charge defendant as father of a bastard child, p. 392. Prosecution of railroad agent for taking illegal tolls on railroad, p. Criminal information for violation of statute as to taking note for Information for robbery, p. 395. Indictment for assault with intent to murder, p. 604. By President and Trustees of Village: For violation of municipal ordi- By Town: To restrain diversion of railroad, p. 493. By Sheriff: For board and service of jailer, p. 311. For construction of will, p. 45. For rent of land, under lease from decedent, p. 142. For moneys paid for invalid tax certificates, p. 129. By Attorney-at-Law: For professional services, pp. 344, 406. By Private Corporation. To restrain tax sale, p. 252. To collect tolls on Wisconsin river, p. 254. To foreclose mortgage, pp. 320, 420. Appeal from Probate Court. Distribution of personal estate, p. 167. Actions arranged according to their subject matter. On promissory note, pp. 83, 181, 221, 251, 545, 646, 693. On promissory note with warrant of attorney, pp. 531, 633. On town orders, p. 60. On defendant's promise to pay another's debt to plaintiff, p. 319. On bond of constable, p. 78. On guardian's bond, p. 507. (D.) Various Actions and Proceedings · - (continued). Actions arranged according to their subject matter― (continued). On express contract for building houses, for balance of price, p. 597. On express contract, for price of lumber sold, p. 414. On express contract for services of attorney-at-law, p. 344. On express contract, for services of stepson living at home, p. 160. On express contract for sale of goods; for breach, p. 227. On express contract for building; for balance, p. 597. On express contract for sale of interest in standing timber, p. 566. For balance of book account, p. 213. For services of attorneys-at-law, p. 406. For moneys collected by attorneys-at-law, p. 96 For commission on sale of real estate, p. 246. To recover moneys paid for void tax certificates, pp. 129, 613. For trespass to land, in constructing railroad thereon, etc., p. 183. For trespass de bonis asportatis, pp. 116, 218. For a conversion, pp. 267, 316, 332, 373, 471. For injuries from dog trespassing on close, p. 536. For enticing minor unmarried daughter from home, etc., p. 467. For libel, p. 242. To recover possession of personal property, pp. 67, 155. Prosecution of railway agent for taking illegal tolls, p. 481. Criminal information for taking promissory note for patent right Information for robbery, p. 395. Indictment for assault with intent to murder, p. 604. Certiorari to review proceedings in justice's court, pp. 41, 570. For construction of will, p. 45. For divorce and alimony, p. 197. To establish and enforce mechanic's lien, pp. 551, 556. To foreclose mortgage, pp. 107, 297, 329, 420, 653. For appointment of receiver to sell chattels, etc., p. 583. For specific performance, p. 314. To avoid sale and conveyance, p. 433. To restrain tax sale, pp. 36, 48, 55, 620, 627. To restrain issue of tax deed, p. 63. To restrain defendants from mining on certain land, p. 482. To restrain diversion of railroad, p. 493. ADMINISTRATORS AND EXECUTORS. See PLEADING, 3. An executor may always, in a proper case, take the opinion of the court upon "ADVERSE PARTY." See APPEAL (A.), 16. AFFIDAVIT. 1. For Change of Venue. See CHANGE OF VENUE. AGENCY. See CORPORATIONS (B.), 5, 8-10. EVIDENCE, 16-20. FACTORS. INSURANCE 1. One cannot act as agent for both seller and purchaser, unless both know 3. Defendant sold land to one H., taking property in exchange. Plaintiffs, 646 5. Upon the evidence in this case (for which see the opinion), the question ALIMONY. See DIVORCE, etc., 3. "ALLOWANCE." See DIVORCE, etc., 5. |