INDEX.

ACCOUNT STATED.

1. Where parties have mutually stated an account of their dealings with
each other, and have adjusted balances on the basis of such statement,
the account will not be surcharged or falsified at the suit of either party,
without clear and satisfactory proof of fraud or mistake. Hoyt et al. v.
McLaughlin,
280

2. On the evidence in this case (for which see the opinion), this court is of
the opinion (contrary to the findings of the court below) that no mistake
or fraud as against the plaintiffs is clearly or satisfactorily shown, and
therefore reverses a judgment rendered in their favor.
Ibid.
ACKNOWLEDGMENT OF DEED. See HUSBAND AND WIFE.

ACTION.

See AMENDMENT OF PLEADING, 2, 3. CONSOLIDATION OF ACTIONS.
EJECTMENT. GARNISHMENT. HIGHWAYS, 1. LIMITATION OF AC-
TIONS. MANDAMUS. REPLEVIN. TOWNS.

(A.) Cause of Action.

See ACCOUNT STATED. CITIES. CONTRACTS, 2-4, 6-8. COSTS, 5.
CRIMINAL LAW, etc., 3. DAMAGES, 5. DEED, 5. DIVORCE, 1.
EJECTMENT, 2, 3. EQUITY, 1, 4. FRAUD, 1. INJUNCTION, 6. LIEN
(A.), 1, 2. LIEN (B.), 1. RAILROADS, 5, 8. SEDUCTION, 1, 3. TRADE
MARKS. VENDOR AND PURCHASER, 2.

(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.
For injuries to real property from negligent construction of streets, 430.
To recover moneys paid for invalid tax certificates, 680.

Mandamus to enforce collection of tax to pay railroad bonds, 423.
To restrain issue of deed on sale of lot for unpaid assessment, 93.

Against a Village.

To restrain authorities from employing and paying attorneys-at-law
in certain cases, 131.

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 sheriff, by habeas corpus, 699.

Against a county treasurer, to compel him to transmit a certain state-
ment and pay moneys to the state treasurer, 483.

Against a circuit judge, certiorari to review proceedings before him,
628.

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,
647.

Mandamus to compel corporation to permit certain persons to vote,
etc.. 469.

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, 533.

Information for larceny and for concealment of stolen goods, 534.
Information for larceny on moving cars, 217.

Information for murder in first degree, 211.

Mandamus to enforce collection of tax to pay railroad bonds, 423.
Mandamus to compel county treasurer to transmit statement, etc.,
688.

On relation of a county, to review on certiorari proceedings of circuit
judge in appointing commissioners to review assessment, 628.
By the Attorney General.

Mandamus to compel corporation to permit certain persons to vote,
etc., 469.

By a City.

To restrain a railroad company from extending its road in a certain
manner, 138, 414.

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,
672.

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
of estate, 295.

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 to purchase, 205.

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.
To recover moneys paid for invalid tax certificates, 680.
For injuries to real property, from negligence, 114, 480.

For injury to real property, from obstructing ditch, 526.
For injuries to real property, by a false levy, 256.
For cutting and carrying away timber, 458, 643.

For an unlawful taking and conversion of personal property, 315,
379, 554.

For a breach by a boom company of its legal obligation, 647.

For injury to the person from negligence of railway company, 150,
672.

For injury to the person from defective highway, 146, 196, 354, 657.
For malpractice of surgeon, 650.

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
pay over moneys to state treasurer, 488.

Mandamus, to compel corporation to permit certain persons to vote,
etc., 469.

Mandamus, to compel city to levy and collect a tax, 423.

Garnishment, 164, 175, 193, 261, 268, 303.
Proceedings supplementary to execution, 103.
Proceeding to condemn land for a railroad, 537.

Proceeding to bind joint debtor not served, 456.
Proceeding for a contempt, 140.

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 foreclose a mortgage, 155, 187, 337.

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,
98.

To restrain the issue of town bonds in aid of a railroad, 320.

To restrain village authorities from employing and paying attorneys-
at-law in certain cases, 131.

To restrain the extension of a railroad in a certain manner, 138, 414.
To restrain defendants from interfering with the construction of a
railroad, 140.

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.
Information for larceny, 533.

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
expressly allege a special contract, and the answer set up a special con-
tract, and alleged non-performance, an amendment of the complaint at
the trial so as to set up such contract was not improperly allowed, though
perhaps immaterial; and where the amendment was made orally, and
not formally filed, but was taken down by the reporter, treated at the
trial as made, and incorporated into the record on appeal by bill of ex-
ceptions, it is treated here as an effectual amendment to support the
verdict and judgment. Kretser v. Cary et al.,

374

2. A complaint setting up a purely legal cause of action (as one in eject-
ment) cannot be amended (either as of course or by leave) so as to set up
a cause of action in equity (as one to remove a cloud upon title). But
the rule does not apply to an amendment made at the trial to conform
the complaint to the proofs, introduced without objection. Carmichael
v. Argard,
607

3. The right to change the action from one purely legal to one purely equi-
table cannot be claimed under section 2832, R. S., on the ground of mis-