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?
Penal actions for such violations of
misdemeanors, are civil actions.
Bugbee, 41 Wis., 59, explained.

(B.) Cause of Action.

municipal ordinances as are not also
R. S., ch. 155, sec. 1. Boscobel v.
Village of Platteville v. Bell, 488

See ADMINISTRATORS, etc. AGENCY, 3. ARCHITECT, etc., 3-5.
CITIES, 2. CONDEMNATION OF LAND, 2. CONTRACTS, 1-4, 9, 10. COR-
PORATIONS (B.), 1-4, 7, 9, 10. COUNTIES, 2-5. LIBEL. MECHANIC'S
LIEN. NOVATION OF CONTRACT, 1, 2. PARTNERSHIP, 1. PLEDGE,
2, 6, 8. RAILROADS (B.), 1. RAILROADS (C.), 3, 4. RAILROADS (D.).
REPEAL OF STATUTE. SLANDER. TAXES, etc., 2, 3, 9, 10, 13. TowN
INSURANCE COMPANIES.

(C.) By whom to be brought.

See CONTRACTS, 1. CORPORATIONS (B.), 1, 2. MARRIED WOMAN.
(D.) Various Actions and Proceedings.

In Supreme Court, p. 381.

Against the State: On contract of architect, etc., of Northern Hospital
for the Insane, p. 381.

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 Constable and his Sureties, p. 78.

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,
449, 459, 463.

Against other Private Corporations, pp. 93, 255, 267, 433.

By the State.

To charge defendant as father of a bastard child, p. 392.
Prosecution for selling liquors without license, p. 479.

Prosecution of railroad agent for taking illegal tolls on railroad, p.
481.

Criminal information for violation of statute as to taking note for
patent right, p. 403.

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-
nance, p. 483.

By Town: To restrain diversion of railroad, p. 493.

By Sheriff: For board and service of jailer, p. 311.
By Executor or Administrator.

For construction of will, p. 45.

For rent of land, under lease from decedent, p. 142.
On promissory note given to decedent, p. 221.

For moneys paid for invalid tax certificates, p. 129.
For conversion of note, p. 373.

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.
Probate of will, p. 610.

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 defendant's promise to pay his creditor's debt to plaintiff, p. 103.
On fire insurance policy, pp. 108, 323, 449, 459, 465.

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 plans, specifications and superintendence
for building state hospital, p. 381.

On express contract for building houses, for balance of price, p. 597.
On express contract for labor and materials in building, p. 427.
On express contract, p. 72.

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.
On lease, for rent, p. 142.

For balance of book account, p. 213.

For services of attorneys-at-law, p. 406.

For moneys collected by attorneys-at-law,
For tolls on Wisconsin river, p. 255.

p. 96

For commission on sale of real estate, p. 246.

To recover moneys paid for void tax certificates, pp. 129, 613.
To recover of county for meals etc. furnished deputy sheriff, p. 303.
To recover of county for board and services of turnkey, p. 311.
To recover damages for waste, p. 53.

For trespass to land, in constructing railroad thereon, etc., p. 183.
For damages from abandoned proceedings to condemn land, etc.,
p. 574.

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.
Against railroad company for taking excessive tolls, pp. 146, 686.
Against railroad company for killing domestic animal, pp. 305, 665.
For injuries to the person from defective highway, pp. 509, 513, 638.
For slander, p. 23.

For libel, p. 242.

To recover possession of personal property, pp. 67, 155.
Civil action for violation of municipal ordinance, p. 488.
To charge defendant as father of bastard child, p. 392.
Prosecution for selling liquors without license, p. 479.

Prosecution of railway agent for taking illegal tolls, p. 481.

Criminal information for taking promissory note for patent right
in form forbidden by statute, p. 403.

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
the will, at the expense of the estate; and this case (reported in 40 Wis.,
276) was a proper one, within the rule, for allowance of the executor's
counsel fees from the estate. Heiss, Ex'r, v. Murphey and others, 45

"ADVERSE PARTY." See APPEAL (A.), 16.

AFFIDAVIT.

1. For Change of Venue. See CHANGE OF VENUE.
2. For Entry of Judgment. See JUDGMENT (A.), 1.

AGENCY.

See CORPORATIONS (B.), 5, 8-10. EVIDENCE, 16-20. FACTORS. INSURANCE
AGAINST FIRE, 3, 4. NEGLIGENCE, 2.

1. One cannot act as agent for both seller and purchaser, unless both know
of and assent to his undertaking such agency and receiving commissions
from both. Meyer et al. v. Hanchett,
246
[2. Whether such double agency, even with consent of both principals, is
consistent with public policy, is not here decided.]
Ibid.

3. Defendant sold land to one H., taking property in exchange. Plaintiffs,
having been paid by H. for their services to him in the transaction as
sale agents, sought to recover a commission from defendant for selling
his said land. Defendant answered that he dealt with plaintiffs as
agents of H. only. Upon the evidence (for which see opinion): Held,
that while it clearly appears that plaintiffs were employed by defendant
to sell his land, and not as mere middlemen to bring the parties together,
there was nothing to warrant a finding that defendant ever consented to
their acting as agents for both parties; and there was no error in a com-
pulsory nonsuit.
Ibid.
4. A principal is responsible for the act of his agent when he has either given
the agent authority to do the act, or justified the party dealing with the
agent in believing that the latter had such authority. Kasson et al. v.
Noltner,

646

5. Upon the evidence in this case (for which see the opinion), the question
whether defendant had good reason to believe from his knowledge of the
dealings between plaintiffs and one who was their agent in disposing of
sewing machines, that the latter was authorized to collect at Madison the
amount due on defendant's note to plaintiffs, while such note was in
plaintiffs' hands in Milwaukee, was properly left to the jury. Ibid.

ALIMONY. See DIVORCE, etc., 3.

"ALLOWANCE." See DIVORCE, etc., 5.