INDEX. ACCOUNT STATED. 1. Where parties have mutually stated an account of their dealings with 2. On the evidence in this case (for which see the opinion), this court is of ACTION. See AMENDMENT OF PLEADING, 2, 3. CONSOLIDATION OF ACTIONS. (A.) Cause of Action. See ACCOUNT STATED. CITIES. CONTRACTS, 2-4, 6-8. COSTS, 5. (B.) By whom to be brought. See CONTRACTS, 5. MANDAMUS, 2, 3. (C.) Civil or criminal? See HIGHWAYS, 1. (D.) Various Actions and Proceedings. Against a County. To restrain issue of tax deeds, 37. To recover amount of tax illegally collected, 388. Against a Town. For injuries to the person from defective highway, 354, 657. To recover amount of tax illegally collected, 466. To restrain issue of bonds in aid of railroad, 320. VOL. LII.-45 Against a City. For injuries to the person from defective sidewalk, 146, 196. Mandamus to enforce collection of tax to pay railroad bonds, 423. Against a Village. To restrain authorities from employing and paying attorneys-at-law Against a School District. Upon school-district orders, 502. Against a Public Officer. Against a sheriff, in replevin, 289. Against a sheriff, for injury to real property by a false levy, 256. Against a county treasurer, to compel him to transmit a certain state- Against a circuit judge, certiorari to review proceedings before him, Against a Railroad Company. For injuries to the person of employee, from negligence, 672. For injuries to the person from negligence, 150. To recover damages for obstruction of ditch, 526. To restrain an extension of its road in a certain manner, 138, 414. To restrain issue of bonds to it by town, 320. Against an Insurance Company. In garnishment, 193. Against other Private Corporations. To recover damages for cutting and carrying away timber, 458. To recover damages for boom company's breach of legal obligation, Mandamus to compel corporation to permit certain persons to vote, Proceeding to condemn land for railroad, 537. For reformation of deed, etc., 669. Against a General Assignee for Creditors. In garnishment, 175, 268. By the State. Prosecution for wilful obstruction of highway, 134. Prosecution for selling intoxicating liquors without license, 407, 414. Information for larceny and for concealment of stolen goods, 534. Information for murder in first degree, 211. Mandamus to enforce collection of tax to pay railroad bonds, 423. On relation of a county, to review on certiorari proceedings of circuit Mandamus to compel corporation to permit certain persons to vote, By a City. To restrain a railroad company from extending its road in a certain By a Railroad Company. To condemn land, 537. To restrain the issue of tax deeds, 37. To restrain defendants from interfering with the construction of its road, 140. By other Private Corporations. On promissory notes, 203. To set aside a conveyance as in fraud of creditors, 438. By an Administrator or Executor. For injuries to the person of intestate, causing his death, 150, 354, By a General Assignee for Creditors. Against a sheriff, in replevin, 289. Appeal from Probate Court. Probate of will, 543, 591. Application of widow for allowance of household furniture, etc., out Actions arranged according to their subject matter. For breach of covenant of seizin, 684. On a lease of water-power, for rents, 220. On a promissory note, 169, 203, 272, 456, 593. On school-district orders, 502. On written promise to third person to pay an account for board, 393. On written contract for work, 240. For refusal to receive conveyance of land and pay therefor, 110. On oral contract for services, 208. On oral contract for labor and materials, 374. On oral contract to pay debt of another, 638. On account for goods sold and delivered, 360. To recover moneys paid for land, for failure of title, 513. To recover moneys retained as fees by attorneys-at-law, 621. To recover amount of tax illegally collected, 388, 466. For injury to real property, from obstructing ditch, 526. For an unlawful taking and conversion of personal property, 315, For a breach by a boom company of its legal obligation, 647. For injury to the person from negligence of railway company, 150, For injury to the person from defective highway, 146, 196, 354, 657. For slander, 358. For seduction of daughter, 612. To recover dower and homestead, 298. To recover possession of real property, 384, 402, 607. To recover possession of personal property, 256, 289. For a divorce, 120. Mandamus, to compel county treasurer to transmit statement and Mandamus, to compel corporation to permit certain persons to vote, Mandamus, to compel city to levy and collect a tax, 423. Garnishment, 164, 175, 193, 261, 268, 303. Proceeding to bind joint debtor not served, 456. Certiorari to justice's court, 379, 591. Certiorari to a circuit judge, 628. Habeas Corpus, on petition of alleged fugitive from justice, 699. To falsify and surcharge an account, 280. To enforce a mechanic's lien, 498, 517. To enforce a lien upon logs, 634. To foreclose as a mortgage a deed absolute on its face, 349. To reform a deed by inserting a forfeiture clause, etc., 669. To set aside a conveyance as in fraud of creditors, etc., 438. To remove a cloud upon title by avoiding a tax deed, 607. To restrain the issue of tax deeds, 37. To restrain the issue of a deed on sale by city for unpaid assessment, To restrain the issue of town bonds in aid of a railroad, 320. To restrain village authorities from employing and paying attorneys- To restrain the extension of a railroad in a certain manner, 138, 414. To restrain defendants from mining on certain lands, 557. To restrain defendants from using a certain trade-mark, etc., 572. Information for murder in first degree, 211. Information for larceny on moving cars, 217. Information for larceny and for concealing stolen property, 534. Prosecution for wilful obstruction of highway, 134. Prosecution for selling intoxicating liquors without license, 407, 414. ADMINISTRATORS AND EXECUTORS. See Costs, 5. AFFIDAVIT. See APPEAL (A.), 2. INJUNCTION, 4. JUDGMENT (C.). AMENDMENT OF PLEADING. 1. Where the original complaint, for work and labor, implied but did not 374 2. A complaint setting up a purely legal cause of action (as one in eject- 3. The right to change the action from one purely legal to one purely equi- |