INDEX.

ABANDONMENT of highway. See HIGHWAYS, 2, 9.

ACCOUNTING. See VENDOR, ETC. OF LAND, 8.

ACKNOWLEDGMENT of deed: Mistake in date. See TAX TITLES, 4.

ACTION.

(A.) Cause of Action.

See ACTION (F.). BANKS AND BANKING. BILLS AND NOTES. CAR-
RIERS, 1. COUNTIES, 2-4. DEED, 2. DOWER, 3. EQUITY, 1. Fox
AND WIS. IMPROVEMENT. GUARDIAN AND WARD. JOINDER (A.).
LIBEL. LOGS AND TIMBER, 2. MASTER AND SERVANT. MUNICI-
PAL CORPORATIONS, 3. PARTITION, 1. PARTNERSHIP. PLEADING,
1, 2, 4, 11, 12. RAILROADS. SALE OF CHATTELS, 1. TAXATION,
2-5. TOWNS, 1, 2. TRADEMARK. TRESPASS. VENDOR, ETC. OF
LAND, 2-5. WATERCOURSE.

(B.) By whom to be brought.

See BANKS AND BANKING, 1. ESTATES OF DECEDENTS, 6. HUSBAND
AND WIFE. TOWNS, 1..

(C.) Commencement of Action.

See AGENCY, 2. LIMITATION OF ACTIONS.

(D.) Action or Special Proceeding?

See APPEALABLE ORDER, 1.

(E.) Civil or Criminal?

See VILLAGES, 1.

(F.) Tort or Contract?

See PLEADING, 1. TOWNS, 2.

A complaint charged, in two counts, overpayments upon false and
fraudulent accounts for work performed, and, in a third, payment
by mistake of the aggregate of the sums mentioned in the first
two counts. Held, that the action was upon contract, for money
had and received, and that there was no misjoinder of causes of
action. Town of Fifield v. Sweeney,

(G.) Various Actions and Proceedings.

Against the United States.

Proceeding to obtain compensation for flowage of land, 396.
Against a County.

To recover price of goods sold and delivered, 214.

Mandamus to compel aid in erection of bridge, 376.

To recover fees, etc., of justice in criminal cases, 463, 572.
To recover fees and charges of sheriff, 469.

To set aside tax certificates, 532.

VOL. 62-43

204

Against a City.

To recover license fees unlawfully exacted, 32.
For injuries to person from defective street, 137.
For death of person caused by defective bridge, 255.
For injuries to person from defective sidewalk, 267.
Against a Town.

To recover taxes illegally exacted, 230.

For death of person caused by defective highway, 272.
To recover expense of maintaining paupers, 454.

Against a Village.

For injuries to person from defective sidewalk, 207.
To recover license moneys unlawfully retained, 486.
Against Public Officers.

Sheriff. For wrongful conversion of personal property, 167, 552.
Against a Railroad Company.

For expenses and loss of services of minor children injured through
negligence, and for damage to personalty, 178.

For personal injuries caused by negligence and defective ma-
chinery, 338.

For damages on account of failure of conductor to give proper
stop-over check, 367.

For death of person caused by lack of fences, 411.

For destruction of property by fire negligently set, 546.

For value of chattels destroyed by negligence of carrier, 642.

For death of person caused by negligence, 666.

Against a Street Railway Company.

For death of person caused by negligence, 666.

Against an Insurance Company.

To recover penalty for unlawful transaction of business, 174.
On policy of insurance against lightning, 443.

Against a Bank.

To close up its business, etc., 590, 607.

Against other Private Corporations.

For a libel, 403, 660.

For partition, etc., of a water power, 549.

Against an Administrator.

To set aside a fraudulent sale of land, and for waste, 434.
Against a Guardian.

To foreclose mortgages, 21.

For moneys in his hands, 248.

By the State.

Information for obtaining money by false pretenses, 41.
Information for receiving stolen money, 49.

On recognizance given on appeal in criminal case, 129.

To recover penalty for unlawfully doing business of insurance,

174.

To recover penalty for encroachment on highway, 184.

Complaint for unlawfully assuming title of doctor, etc., 289, 300.
Complaint for unlawful spearing of fish, 305.

Mandamus to compel county to aid in construction of bridge, 376.
To recover penalty for obstructing highway, 387.

By a City.

To recover expense of maintaining paupers, 454.

By a Town.

To recover moneys overpaid and paid by mistake, 204.

To recover license moneys unlawfully retained by village, 486.

By a Telephone Company.

To recover license fees unlawfully exacted, 32.

By other Private Corporations.

On a promissory note, 78.

To recover moneys due from agent, 235, 635.

To recover price of chattels sold and delivered, 240.

Ejectment, 316.

On bond for faithful performance of duties by agent, 526.

For value of chattels destroyed by negligence of carrier, 642.

By Executor or Administrator.

To recover possession of personal property, 1.

To obtain release of claim to land and to enjoin sale under fore-
closure judgment, 81.

Appeal from order of county court: Probate of will, 216.

For causing death of intestate, 255, 272, 411, 652, 666.

To set aside fraudulent conveyance and to restore altered deed and
record, 350.

On policy of insurance against lightning, 443.

To foreclose mortgages, 615.

Actions arranged according to their subject matter.

For breach of covenant of seizin in deed, 191.

Against sureties in recognizance on criminal appeal, 129.

On bond for faithful performance of duties by agent, 526.

On policy of insurance against lightning, 443.

On promissory notes or bills of exchange, 78, 162, 480, 580, 635.
For moneys due from agent under written contract, 235, 635.
For services as referee under written stipulation, 459.

For purchase price of chattels, etc., under written contract, 18.
For fees, etc., of justice of the peace in criminal cases, 463, 572.
For fees and charges of sheriff, 469.

For purchase price of chattels sold and delivered, 214, 240, 655.
To recover cost of supporting paupers, 454.

To recover moneys in the hands of a guardian, 248.

To recover wharfage, 620.

To recover taxes or money overpaid or paid by mistake on con-
tract, 204.

To recover money paid for chattels sold under fraudulent war-
ranty, 64.

To recover taxes or license fees unlawfully exacted, 32, 230.

To recover license fees unlawfully retained by village, 486.

For a trespass to land, 8, 100, 104, 542.

For obstructing flow of water, etc., 112.

For conversion of personal property, 167, 542, 552.

For destruction of property by fire negligently set, 546.

For destruction of property by negligence of carrier, 642.

For damage to personalty, and for loss of services of minor chil-
dren injured through negligence, 178.

For negligent failure of railroad conductor to give proper stop-over
check, 367.

For injuries to person from negligence and defective machinery,
108, 338.

For injuries to person from defective street, 137.

For injuries to person from defective sidewalk, 207, 267.
For death caused by defective highway or bridge, 255, 272.

For death caused by failure to fence railroad, 411.

For death caused by negligence, 652, 666.

For assault and battery, 251.

For libel, 403, 660.

Ejectment, 154, 316, 512.

To recover dower and damages for withholding, 499.
For unlawful detainer of land, 26.

Replevin, 1, 198, 244, 493. 584, 627.

Mandamus to compel county to aid in erecting bridge, 376.
Proceeding to obtain compensation for lands flowed, 396.

To recover penalty for obstructing or encroaching on highway, 184,
387.

To recover penalty for unlawfully doing business of insurance, 174.
Attachment, 92, 117, 401.

Garnishment, 69.

Intervention of third person, in replevin, 493.

Motion to set aside service of summons, 174.

Appeal from county court: Probate of will, 216, 474.

Appeal from county court: Appointment of administrator, 130.
Appeal from county court: Petition for new appraisal, 45.

To close up business of insolvent bank, etc., 590, 607.

To establish trust and for an accounting, 418.

To foreclose mortgage, 21, 124, 362, 615.

To enforce lien for labor on logs, 312.

To set aside fraudulent sale by administrator and for waste, 434.
To set aside fraudulent conveyance and restore altered deed and
record, 380.

To set aside tax certificates, 532.

To cancel deeds, quia timet, 223.

To obtain release of claim to land and enjoin sale under foreclosure
judgment, 81.

To rescind contract and enjoin use of trademark, 507.

To enjoin maintenance of obstruction in mill race, 558.

For partition of water power, etc., 549.

Information for obtaining money by false pretenses, 41.
Information for receiving stolen money, 49.

Complaint for assuming title of doctor, etc., 289, 300.
Complaint for spearing fish, 305.

ADJOURNMENTS. See JUSTICES' COURTS, 8, 9.

ADMINISTRATORS AND EXECUTORS. See DEED, 5. ESTATES OF DECED-
ENTS. EVIDENCE, 12. HIGHWAYS, 6. JOINDER (A.). PLEADING,
5. WILLS.

ADMISSIONS. See MORTGAGES, 3. PARENT AND CHILD, 3.

ADVERSE POSSESSION.

1. The character of the possession of one who claims to have held
land adversely under color of title is to be referred to and deter-
mined by the conveyance under which he entered; and one who
entered and obtained possession under one deed cannot be heard
to say that he entered under another and paramount title unless
he has done something tantamount to a re-entry. Watts v. Owens,

512

2. Land was in the possession of the widow (as tenant in dower) and
the infant heir of one who died seized thereof. A brother of the
deceased obtained a quitclaim deed of the land from another

brother and a sister, but took no steps to obtain possession there-
under. Afterwards he obtained from the widow a quitclaim deed
reciting that he and his brother and sister were the heirs of the
deceased (apparently upon the theory of the illegitimacy of the
child), and entered and continued in possession under such latter
deed. After attaining majority the heir brought ejectment and
the defendant answered claiming title by adverse possession under
color of the quitclaim deed from his brother and sister. Held:
(1) Not having entered under such deed the defendant could not
base thereon his claim of title by adverse possession.

(2) By the quitclaim deed from the widow the defendant ob-
tained only her dower right, and became a tenant in common with
the heir.

(3) The recitals in the deed by the mother do not affect the right
of the heir.

(4) Having by his answer set up title in himself to the entire es-
tate, based wholly upon adverse possession, the defendant cannot,
to shield his possession, claim to hold as tenant in common with
the plaintiff.

ADVISORY VERDICT. See WILLS, 2.

AFFIDAVIT.

Ex parte, for injunctional order. See APPEAL (A.), 7.

For adjournment. See JUSTICES' COURTS, 9.

To assessment roll.

To list of creditors.

See TAXATION, 5.

See VOLUNTARY ASSIGNMENT, 7.

Ibid.

AGENCY.

See CONTRACTS, 3-5. EVIDENCE, 2, 9. SURETYSHIP.

1. One who expressly sanctions a payment to another person as his
agent, and who knows that his debtor regards such person as the
person to whom payments should be made, will be bound by sub-
sequent payments to such agent. Phillips v. McGrath,

124

2. A summons may be served (under subd. 9, sec. 2637, R. S.) upon an
insurance corporation not organized under the laws of this state,
by delivery thereof to any person who does for such corporation
any of the acts specified in sec. 5, ch. 240, Laws of 1880, whether
such person receives compensation for his services or not.
v. Northwestern E. & L. Asso.

AMENDMENT.

Of bill of exceptions. See APPEAL (A.), 5.

Of pleading. See PLEADING, 1, 2, 8, 9.

ANSWER.

8, 9.

State
174

See ADVERSE POSSESSION, 2:4. ESTOPPEL. PLEADING, 3,

1. The sureties in a recognizance given on an appeal from the sentence
of a justice of the peace, may appeal from a judgment rendered
against the defendant and such sureties under sec. 4717, R. S.
State v. Brady,

129