[This index refers to the pages in the body of the book in every instance, including
cross-references.]

ABATEMENT. See NUISANCE, 158.

ABSTRACT.

Notice of appeal wanting, and appeal dismissed. (Io.) 605.
See EVIDENCE, 259; PRACTICE, 259.

ABSTRACT OF TITLE. See MILWAUKEE CITY, 805.
ACCEPTANCE. See SALE, 413; STATUTE OF FRAUDS, 413.
ACCOMMODATION NOTE. See PROMISSORY NOTE, 725.
ACCOUNT-BOOK.

Levy upon does not constitute levy upon accounts therein, nor if levy is unlaw-
ful does it constitute conversion of accounts. (Minn.) 309.

ACCOUNTING. See PARTNERSHIP, 140.

ACCOUNTS.

Partial payments, how applied on principal and interest. (Wis.) 390.
See GUARDIAN AND WARD, 126, 262; JURY TRIAL, 672.

ACKNOWLEDGMENT.

Notary public, certificate of, with official seal attached, is sufficient proof of due
execution of deed in another state of real estate in this state. (Neb.) 418.

ACTION.

For injury causing death is created by section 2, c. 77, Gen. St. 1878. (Minn.)

676.

For money had to plaintiff's use cannot be defeated by showing that money had
been paid in garnishment proceedings when defendant knew that it did not
belong to debtor, but to plaintiff. (Mich.) 511.

See PRINCIPAL AND AGENT, 505; SCHOOL-DISTRICT, 490; VENUE, 346.
ACTION AT LAW.

Recovery cannot be had upon fact not counted upon as ground of recovery in
declaration. (Mich.) 512.

ADEQUATE REMEDY AT LAW. See CONVEYANCE, 138; POWER OF ATTOR-
NEY, 138.

ADMINISTRATION.

Notice by publication-sufficient, when. (Mich.) 455.

Residuary legatee, who is executor and gives bond, is entitled to possession of
estate, and this substantially completes administration. (Mich.) 454.
Settlement of estates is ordinarily a proceeding in rem. (Mich.) 455.
ADMINISTRATOR.

Commissions prescribed by Rev. St., § 3922, are not discretionary with court.
(Wis) 794.

Set-off of claim not presented for allowance in an action by, not allowed-Rev.
St. § 4236, 4260, 2655-6, 3844, 3845. (Wis.) 798.

See EVIDENCE, 794.

ADMISSIBILITY. See EVIDENCE, 871.

ADMISSIONS.

Estoppels, when party is induced to act to his prejudice by reason thereof. (Wis.)
764.

See ESTOPPEL, 76; EVIDENCE, 845.

ADVERSE CLAIM.

Complaint framed as one to remove cloud on title, when defective, cannot be
sustained, under Gen. St. 1878, c. 75, §§ 2, 3, to determine. (Minn.) 873.
v.15-58

(913)

ADVERSE POSSESSION.

Title may become perfect if continued for sufficient time, although there was no
right in the beginning. (Mich.) 40.

ADVICE OF COUNSEL.

Unlawful act done under, when defense. (Mich.) 105.

AFFIDAVIT. See BILL OF EXCEPTIONS, 364; CONTINUANCE, 351, 593; RECORD,
352; SIGNATURE OF WRITTEN INSTRUMENT, 767; Tax SALE, 161.

AFTER-ACQUIRED PROPERTY.

Chattel mortgage of, does not create lien, equitable or legal. (Wis.) 808.
AGENCY. See PAYMENT, 308; PRINCIPAL AND AGENT, 214; REAL ESTATE
AGENT, 136.

ALDERMAN. See FOND DU LAC CITY, 783.

ALIBI.

Instruction as to, held misleading. (Mich.) 98.
ALIMONY.

Amount to be granted, considered. (Mich.) 485.

Lien on real estate not sustained, and decree reversed. (Neb.) 347.

ALLOWANCE. See WIDOW, 425.

AMENDMENT.

Pleading may be amended to set up defense, on appeal to circuit court, not set up
before justice. (lo.) 424.

See CONSTITUTIONAL LAW, 609; JUSTICE OF THE PEACE, 498.

ANIMUS. See FALSE IMPRISONMENT, 599.

ANSWER.

Denial of execution of written instrument held not sufficient. (Minn.) 252.
APPEAL.

Argument not filed in civil case regarded as abandonment. (lo.) 663.

Award of $550 in respect to each of two quarter sections of land taken for rail-
road, constituting one tract, is really an award of $1,100 for whole tract.
(Wis.) 481.

Certificate of judge, in appeals involving less than $100, must be as to questions
of law as distinguished from questions of fact. (lo.) 604.

Decree dividing costs affirmed. (Mich.) 497.

Errors and irregularities, not objected to below, not considered. (Mich.) 562
Errors in order appointing receiver in divorce case not considered on, from order
adjudging party in contempt for not conveying property to receiver. (Minn.)
117.

Final order of county court, distributing estate, will be set aside only so far as nec-
essary to adjust the rights of parties to appeal. (Wis.) 425.

Judgment on, being affirmed, successful party cannot have it modified and made
more favorable to him. (Wis.) 160.

Jurisdiction of appellant in appeal from judgment in personal action. (Neb.)

341.

Jurisdiction of court below of subject-matter of suit or parties may be questioned
for the first time on appeal. (Io.) 588.

Notice of, from award of commissioners on taking land for railroad, need not be
served on opposite party. (Mich.) 481.

Order denying motion to reopen judgment held not appealable. (Wis.) 840.
Railroad company, on appeal from condemnation proceedings, cannot disprove
title of owner unless pleaded. (Neb.) 231.

Time of tak ng computed by reckoning from day of month when judgment was
rendered to day of corresponding number of sixth month. (Io.) 853.
Variance between allegations and proof cannot be urged for first time on. (Io.)
858.

See ELECTION, 236; JURISDICTION, 482; JUSTICE OF THE PEACE, 216; RAILROAD,
401; SUPREME COURT, 549; TAXATIONS OF Costs, 383.

APPEARANCE.

Motion for security for costs is an appearance. (Neb.) 350.

See ATTORNEY, 719.

APPLICATION OF PAYMENTS. See PARTIAL PAYMENTS, 803.

!

ARREST. See CUSTODY, 465, 899; FALSE IMPRISONMENT, 899.

ARSON.

Confession and circumstances sufficient to convict defendant of burning jail.
(Io.) 423.

ASSESSMENT OF PROPERTY. See CONSTITUTIONAL LAW, 121; Tax Sale,

514.

ASSIGNEE. See BANKRUPTCY, 901; MORTGAGE, 702.
ASSIGNEE FOR BENEFIT OF CREDITORS.

See TAXES, 264.

ASSIGNMENT. See CREDITORS, 181, 838; SUBSCRIBER TO STOCK, 462.
ASSIGNMENT FOR BENEFIT OF CREDITORS.
Exempt property embraced in. (Mich.) 60.

ATTACHMENT BOND.

Discharging under section 157, c. 66, Gen. St. 1878, does not apply to stranger to
suit. (Minn.) 673.

Equity of redemption of chattel mortgage subject to, or garnishment. (Neb.)
606.

Sale of land under, governed by same rules as sale under execution. (Neb.) 344.
Sheriff levying on property not belonging to defendants in writs, may substitute
obligors of bond, when suit is brought against him. (Minn.) 309.

ATTORNEY AT LAW.

Appearance by, presumed to be by authority of client, but if want of authority
is proved, client not affected by his acts. (Neb.) 719.

Authority of attorney considered. (Neb.) 353.

Authority of attorney, under general retainer, to consent to orders. (Mich.) 455.
Compensation for services as depending on magnitude of interests and charac-
ter of suit. (Io.) 291.

Should not misstate law or facts in interest of client. (Io.) 291.

Statements by, on appeal from justice, as to what verdict before justice was, not
allowed. (Neb.) 716.

See COMPROMISE, 731; CONTINGENT FEE, 818; JUSTICE OF THE PEACE, 544.
ATTORNEY'S FEE. See CONTRACT, 252; MORTGAGE, 501; SCHOOL-FUND MORT-
GAGE, 305.

ATTORNEY GENERAL.

Information to abate mill-dam as nuisance prejudicial to health. (Mich.) 549.
ATTORNMENT.

Tenant, who has attorned to stranger, not entitled to notice to quit. (Mich.)

513.

AUDITOR. See COUNTY BONDS, 365.

AWARD. See APPEAL, 481.

BANK. See TAXATION, 337.

BANKRUPTCY.

Assignee has no authority to make sale of property, the title to which is dis-
puted. (Mich.) 901.

Limitations in, considered. (Mich.) 901.

BILL OF EXCEPTIONS.

Affidavits incorporated in. (Neb.) 364.

Evidence sufficient to submit case to jury shown by. (Neb.) 341.

Length of and manner of preparing criticised. (Mich.) 546.

Signature of judge, and identification of short-hand reporter's note: (Io:) 659.
See EXCEPTIONS; PRACTICE, 329, 863.

BLACKSMITH-SHOP. See NUISANCE, 302.

BOARD OF MOTHER-IN-LAW. See IMPLIED PROMISE, 259.***
BOARD OF PUBLIC WORKS. See MILWAUKEE CITY, 763.
BOARD OF WIFE AND CHILD. See HUSBAND AND WIFE, 144.10 00

BOND.

TIVOMDDS

Sureties on, of treasurer of city of Fond du Lac, responsible, to what extent.
(Wis.) 782.

BOND-Continued.

Writ of attachment granted without, under Code, § 2227. (Io.) 867.

See ATTACHMENT, 673; COUNTY BONDS, 365; CREDITORS. 181 ESTOPPEL, AS;
Official Bond, 783; Partnership, 458; Railroad, 727; Replevin, 315.
BOND OF INDEMNITY.

Penalty in, given to sheriff, under Gen. St. 1878, c. 66, § 154, limits the extent of
liability in suit thereon. (Minn.) 309.

BRIDGES.

Treble damages for injury to, are for injury to bridges and not to public travel.
(Mich.) 879.

See NAVIGABLE STREAMS, 878.

BURDEN OF PROOF.

Instruction as to, not given, immaterial, when there is no conflict of testimony,
(lo.) 303.

BURLINGTON & MISSOURI RIVER RAILROAD COMPANY.

“Claim,” in land grant to, is not restricted to such claims as shall afterwards
ripen into perfect titles, but includes all that are made in due form, whether
perfected, abandoned, or forfeited. (Minn.) 317.

Right of way, by act of congress of July 2, 1864, was a present grant, and pur-
chaser of land, under relocation of road, takes subject to. (Neb.) 371.

CATTLE. See RAILROAD, 303.

CERTIFICATE OF JUDGE. See APPEAL, 604.

CERTIFICATE OF PURCHASE. See PUBLIC LAND, 552.

CERTIORARI.

Review of justice judgment. (Mich.) 504.

Writ to review action of drain commissioners quashed.

(Mich.) 95.

See JUSTICE OF THE PEACE, 544; PRACTICE, 856; TAX-PAYER, 495,
CESTUI QUE TRUST. See PARTIES, 672.

CHANCERY. See RIGHT OF WAY, 880.

CHANGE OF VENUE. See CORPORATION, 398.

CHATTEL MORTGAGE.

Consideration may be shown to repel attack of mortgager's creditors, when a
mortgage, though made in good faith, misrepresents the obligation or lis-
bility intended to be secured. (Minn.) 688.

Deed of trust for benefit of creditors construed, and held not a chattel mortgage.
(Mich.) 558.

Description of property sufficiently definite. (Minn.) 687.

Equity of redemption may be reached by attachment before judgment, and by
garnishment after judgment, in aid of executor. (Neb.) 606.
Possession of goods necessary to validity, when. (Mich.) 525.

Priority, as between contemporaneously filed, may be shown by parol. (Minn.)

658.

Purchase by mortgage at abortive foreclosure sale. (Minn.) 249.

Ratification of mortgage of property belonging to another. (Wis.) 187.

Recording of second mortgage before first, when delivery has not been made,
postpones first mortgage. (Minn.) 243.

See AFTER-ACQUIRED PROPERTY, 808.

CHILD. See WITNESS, 355.

CIRCUIT COURT. See JURISDICTION, 9.

"CLAIM." See BURLINGTON & MISSOURI River Railroad COMPANY, 317.

CLERK OF COURT. See TAXATION OF COSTS, 383.

CODE OF CIVIL PROCEDURE. See CONSTRUCTION, 719.

COGNOVIT.

Complaint, affidavit, answer, and judgment must show if debt is due, and how
much is unpaid. (Wis.) 21.

Judgment on, not sustained, where there are substantial defects, although no in-
justice is done. (Wis.) 21.

COLLATERAL SECURITY.

Promissory note secured by, may be sued upon, in absence of agreement to the
contrary, before converting and applying security. (Neb.) 323.

COLOR OF TITLE.

Improvements made before, acquired, will not entitle to compensation. (Minn.)
665.

Occupying claimants' act applies only to improvements made on land under.
(Minn.) 665.

Tax certificate not sufficient to establish. (Neb.) 711.
COMMISSIONERS. See RAILROAD, 882.

COMMISSIONS.

See ADMINISTRATOR, 794; PRINCIPAL AND AGENT, 385; REAL
ESTATE AGENT, 136.

COMMON CARRIER.

Conversion of corn by delivery to party before payment in full. (Minn.) 237.
Evidence of injury to goods while in transit and after delivery to first carrier.
(Minn.) $72.

Railroad is liable for damage to goods on connecting road, when. (Minn.) 872.
COMPENSATION. See ATTORNEY AND CLIENT, 291; COUNTY TREASURER, 678.
COMPLAINT.

Cause of action stated in. (Minn.) 683.

Ratification may be proved under allegations of authority to do an act. (Io.)
308.

Tender or offer to pay amount due in suit by attaching creditor against stranger,
by whose unauthorized act he has been deprived of privilege of redeeming
attached property. (Minn.) 673.

See ADVERSE CLAIM, 873; JUDGMENT, 873; MASTER AND SERVANT, 807; TAX
SALE, $73; TRESPASS TO REALTY, 432.

COMPROMISE.

Attorney has no authority to, for one-third of the face value of a judgment.
(Neb.) 731.

Mistake as to legal rights of parties to, will not avoid. (Minn.) 115.

CONDEMNATION PROCEEDINGS. See RAILROAD, 73, 239, 695.

CONDITION. See DEED, 133; EMINENT DOMAIN, 871; FEE-SIMPLE, 265.

CONDUCT. See JUROR, 364.

CONFESSION. See ARSON, 423.
CONFESSION OF JUDGMENT.

Entered on statement of facts insufficient under statute is valid between the par-
ties and those claiming under debtor. (Minn.) 869.

(Wis.) 21.

Power of attorney authorizing, printed on note, sufficient.
Power of attorney to confess judgment on note construed. (Wis.) 21.
CONFLICT OF TESTIMONY.

Instruction as to reconciling. (Wis.) 148.

CONSIDERATION. See CHattel MortgaGE, 688; PROMISSORY NOTE, 177.
CONSTITUTIONAL LAW.

Amendments to constitution-when valid. (Io.) 609.

Assessment of property under law requiring personal property to be assessed
May 1st, and real estate between May 1st and June 1st, is valid. (Wis.) 121.
Court-power of, to set aside amendment to constitution not properly adopted.
(lo.) 609.

Curative act held in violation of article 3, § 30, of the constitution. (Io.) 295.
Insolvent law considered, and held valid. (Minn.) 109.

Just compensation for property taken is made when the law makes the town or
municipal corporation so taking it liable for payment of its value. (Wis.)
403.
Legislative journals must contain entry of proposed amendment to constitution
at length. (lo.) 609.

Obligations of contracts not affected by statutes changing the remedy existing
when the contract was made, if they preserve the existing remedies in sub-
stance and with integrity. (Io.) 305.

Patent rights cannot be regulated as required by act of February 18, 1573, and
such act is unconstitutional. (Neb.) 361.