Guardian, see Guardian and Ward, § 130.
Insurance companies, see Insurance, § 643.
State against county and city to recover fines,
see Counties, § 156.

In particular actions or proceedings.
See Trespass, § 40.

By state against county and city to recover
fines, see Counties, § 156.

For appointment of guardian for incompetent,
see Insane Persons, § 33.

For breach of contract in general, see Contracts,
§ 346.

For compensation of broker, see Brokers, § 82.
For dissolution of partnership, see Partnership,
§ 327.

For injuries at railroad crossings, see Railroads,
§§ 344-350.

For injuries, from negligence, see Negligence, §

119.

For injuries from sale of liquor, see Intoxicat-
ing Liquors, § 306.

For injuries to persons on or near street rail-
road tracks, see Street Railroads, §§ 111–118.
For injuries to servants, see Master and Serv-
ant, § 264.

For price or value of goods sold, see Sales, §
355.

On bill or note, see Bills and Notes, § 467.
On insurance policies, see Insurance, § 643.
Pleas in criminal prosecutions, see Criminal
Law, § 278.

To cancel written instrument, see Cancellation
of Instruments, § 37.

To enforce mechanic's lien, see Mechanics'
Liens, $271.

chaser, $280.

To establish boundary, see Boundaries, § 32.
To establish drain, see Drains, § 35.

To recover for repairs of bridges, see Bridges,
§ 10.

Review of decisions and pleading in appellate
courts.

Presumptions on appeal or writ of error, see
Appeal and Error, § 916.

Review of decisions as dependent on prejudicial
nature of error, see Appeal and Error, § 1039.
Review of decisions involving discretion of
court, see Appeal and Error, § 959.

I. FORM AND ALLEGATIONS IN

GENERAL.

$ 34. Pleadings should be liberally construed.
-State v. City of Milwaukee (Wis.) 1101.

§ 35. Allegations of the petition in an action
on a mutual benefit certificate brought by a
guardian as to the sections of the statute under
which the guardian was appointed held sur-
plusage.-Hindorff v. Sovereign Camp of Wood-
men of the World (Iowa) 831.

$35. A complaint held to state a cause of
action for conversion making erroneous its
dismissal as an action for trespass.-Bruheim v.
Stratton (Wis.) 1092.

II. DECLARATION, COMPLAINT, PE-
TITION, OR STATEMENT.

In equity, see Equity, §§ 144, 145.
Joinder of causes of action, see Action, §§ 45-47.
Pleading in anticipation of defense of limita-
tion, see Limitation of Actions, § 177.

In particular actions or proceedings.
See Trespass, § 40.

On bill or note, see Bills and Notes, § 467.
To enforce mechanic's lien, see Mechanics'
Liens, $271.

To recover for repairs of bridge, see Bridges,
§ 10.

Of property as affecting liability for taxes, see
Taxation, § 88.

Of public office, see Officers, § 83.

POST OFFICE.

Of attorney, see Principal and Agent.

Of attorney to confess judgment, see Judgment,
$$ 44-46.

Of officers, see Officers, § 103.

For breach of contract for exchange of proper-
ty, see Exchange of Property, § 8.

For breach of contract of indemnity, see In-
demnity, 15.

For breach of contract of sale, see Sales, §§ 404-
418; Vendor and Purchaser, §§ 342-350.
For compensation of attorney, see Attorney and
For causing death, see Death, § 58.
Client, § 166.

For compensation of broker, see Brokers, §§ 79-

82.

For divorce, see Divorce, §§ 129-187.
For contempt, see Contempt. §§ 54-68.
For extradition, see Extradition, §§ 32-39.
For failure of carrier to deliver or for misde-
livery of goods, see Carriers, § 94.
For fraud, see Fraud, §§ 31-59.

For injuries at railroad crossings, see Railroads,
$$ 344-350.

For injuries by servants, see Master and Serv-
ant, $ 330.

For injuries from defects or obstructions in
streets, see Municipal Corporations, §§ 819-
821.

For injuries from drainage or discharge of sur-
face waters, see Waters and Water Courses,
§ 126.

For injuries from escape or explosion of gas.
see Gas, § 20.

For injuries from fires caused by operation of
railroad, see Railroads, §§ 482-484.

For injuries from negligence in general, see
Negligence, §§ 119-141.

PRACTICE.

Legislative regulations as encroachment on judi-
ciary, see Constitutional Law, § 55.
Regulations depriving of property without due
process of law, see Constitutional Law, §§
307-316.

In particular civil actions or proceedings.
See Bankruptcy; Certiorari, §§ 64-70; Habeas
Corpus, § 92; Injunction, § 135; Mandamus,
$$ 145-190: Quieting Title, §§ 44-51; Quo
Warranto, §§ 29-57: Trespass, §§ 40, 49-58;
Work and Labor, §§ 26-30.

Accounting by executor or administrator, see
Executors and Administrators, § 509.
Accounting by receiver, see Receivers, 8 196.
Accounting by trustee, see Trusts, $$ 298-316.
Appointment of executor or administrator, see
Executors and Administrators, § 20.
Appointment of guardian or committee of in-
sane persons, see Insane Persons, § 33.
Appointment of receiver, see Receivers, § 48.
Assessment of damages, see Damages, §§ 208-

216.

Bastardy proceedings, see Bastards, §§ 36-69.
Between partners, see Partnership, § 121.
By or against associations, see Associations, §
20.

By or against executors or administrators, see
Executors and Administrators, § 427.

By or against firms or partners, see Partner-
ship, § 201.

By or against guardians or wards, see Guardian
and Ward, § 130.

By or against husband or wife, or both, see
Husband and Wife, §§ 208-243.

By or against infants, see Infants, § 78.
By or against parties to gambling contracts, see
Gaming, §§ 49, 50.

Condemnation proceedings, see Eminent Do-
main, §§ 222-264.

Disbarment of attorney, see Attorney and Cli-
ent, § 53.

Election contest, see Elections, § 270.

For alienation of affections of husband or wife,
see Husband and Wife, §§ 322-333.
For assault and battery, see Assault and Bat-
tery, $$ 35-40.

Municipal Corporations, § 706.

For injuries from production or use of elec-
tricity, see Electricity, § 19.

For injuries from sale of intoxicating liquors,
see Intoxicating Liquors, §§ 306–317.
For injuries to easements, see Easements, $$
69, 70.

For injuries to passengers, see Carriers, §§ 318.
347, 348.

For injuries to persons by animals, see Ani-
mals, § 74.
For injuries to persons on or near street rail-
For injuries to servants, see Master and Serv-
road tracks, see Street Railroads, §§ 111-118.
ant, §§ 264-291.

For judgment by default, see Judgment, §§ 138-

153.

For libel or slander, see Libel and Slander, §§

101, 123.

For loss of or injury to goods, see Carriers, §
134.
For loss of or injury to live stock, see Carriers,
§§ 226-230.

For malicious prosecution, see Malicious Pros-
ecution, $$ 42-71.

For new trial, see New Trial, §§ 127-168.

For obstruction or repulsion of flow of surface
waters, see Waters and Water Courses, § 126.
For purchase money on sale of goods, see Sales,
$$ 345-364.

For separate maintenance, see Husband and
Wife, §§ 287–297.

For wrongful discharge of servant, see Master
and Servant, §§ 35-43

On bills or notes, see Bills and Notes, §§ 467-
538.

On judgment, see Judgment. §§ 928-930.
Probate proceedings and actions relating to wills
or probate, see Wills, §§ 359-432.
Relating to good will, see Good Will. § 7.
Settlement, signing, and filing of bill of excep
tions, see Exceptions, Bill of, $$ 40-58.
To abate or enjoin liquor nuisance, see Intoxi-
cating Liquors, § 279.

To annul marriage, see Marriage, §§ 58-60,
To cancel written instrument, see Cancellation
of Instruments, § 37.

To correct or set aside assessment or for re-
assessment, see Taxation, § 500.

To discover assets of decedent's estate, see Ex-
ecutors and Administrators, § 85.
To enforce assessment for public improvement,
see Municipal Corporations, §§ 535-546.
To enforce dissolution and accounting of part-
nership, see Partnership, §§ 325-348.

To enforce lien for price of land sold, see Ven-
dor and Purchaser, §§ 280-291.

To enforce mechanic's lien, see Mechanics'
Liens, § 245-308.

To enforce specific performance, see Specific
Performance, § 121.

To enforce taxes, see Taxation, §§ 612, 687.
To entablish boundaries, see Boundaries, 88 32-

52.

To establish drain, see Drains, § 35.

To establish and enforce trust, see Trusts, §
366.

To foreclose mortgage, see Mortgages, §§ 434-

567.

To foreclose mortgage or lien on railroad prop-
erty, see Railroads, § 200.

To procure liquor license, see Intoxicating Liq-
uors, 66-76.

To recover price paid for goods, see Sales, §
398.

To recover public office, see Officers, § 83.
To redeem from mortgage sale, see Mortgages,
$ 615.

To sell property of infant, see Guardian and
Ward, § 91.

PREFERENCES.

By carrier, see Carriers, § 13.

By debtor prior to bankruptcy proceedings, see
Bankruptcy, § 184.

Of creditors of insolvent bank, see Banks and
Banking, 80.

PREJUDICE.

Ground for reversal in civil actions, see Appeal
and Error, §§ 1026-1074.

Ground for reversal in criminal cases, see Crim-
Of witness, ground for impeachment, see Wit-
inal Law, §§ 1163-1170.
nesses, 372.

PRELIMINARY EVIDENCE.

Proof of execution, and authentication of docu-
ments offered in evidence, see Evidence, § 380.
PRELIMINARY INJUNCTION.

See Injunction, § 135.

PREMATURE ACTION.

Waiver of objections, see Abatement and Re-
vival, 84.

PREMIUMS.

Insurance premiums, see Insurance, § 232.
Insurance premiums, payments as essential ele-
ment of contract, see Insurance, § 137.

PREPONDERANCE.

evidence, see Evidence, § 598.

PREROGATIVE WRITS.

236-268.

Instructions to jury, see Trial, §§ 191-296.
Settlement, signing, and filing of bill of excep-
tions, see Exceptions, Bill of, §§ 40-58.

Verdict, see Trial, §§ 328-362.

Particular remedies in or incident to actions.
See Attachment; Depositions; Injunction; Re-
ceivers.

Procedure in criminal prosecutions.

See Criminal Law; Fines; Grand Jury;

Prohibition; Quo Warranto.

PRESCRIPTION.

See Limitation of Actions.

Acquisition of rights, see Adverse Possession, §
13.

PRESENTATION.

dictment and Information; Jury.
For causing death, see Death, § 99.
Habeas corpus proceedings, see Habeas Corpus.
Search warrant, see Searches and Seizures.
Procedure in exercise of special or limited juris-
diction.

Bankruptcy, see Bankruptcy.
Equity, see Equity.
Insolvency, see Insolvency.

Justices' courts in civil cases, see Justices of
the Peace, §§ 84-132, 141.

Probate and administration, see Executors and
Administrators, §§ 20, 314, 509; Guardian
and Ward, §§ 8-17, 91.

Procedure in or by particular courts or tribunals.
See Courts; Justices of the Peace, §§ 84-132,
141.

Procedure on review.
See Appeal and Error; Certiorari, §§ 64-70;
Criminal Law, $$ 1055-1170; Exceptions,
Bill of; New Trial.

Probate proceedings, see Wills, §§ 359-370.

PRAYER.

Of claims against insolvent bank, see Banks
and Banking, § 80.

PREDICATE.

PRINCIPAL AND AGENT.

See Master and Servant.

Law, § 58.

Declarations by agent as evidence against prin-
cipal, see Evidence, § 241.
Independent contractors, see Master and Serv-
ant, 88 315-318.

Service of process on agent of foreign insurance
company, see Insurance, § 26.

Service of process on agent of foreign railroad
company, see Railroads, § 33.

Agency in particular relations, offices, or oc-
cupations.

See Attorney and Client; Banks and Banking.
$114; Brokers; Insurance, $$ 84, 695, 789;
Railroads, § 33.

Corporate agents, see Corporations, §§ 316, 417-
432.

County agents, see Counties, § 96.
Municipal agents, see Municipal Corporations,
§§ 214-220.

I. THE RELATION.

Brokers, see Brokers, § 8.

(A) Creation and Existence.

§ 23. Evidence, in an action for misrepresent-
ing the quality of land sold, held to sustain a
finding that one of the defendants was agent for
his codefendants as affecting their liability for
money paid by plaintiff.-Wicks v. German Loan
& Investment Co. (lowa) 744.

§ 23. Evidence held to warrant a finding that
plaintiff in purchasing certain notes acted in
his individual capacity, and not as defendants'
agent.-Stark v. Huber Mfg. Co. (Wis.) 666.

II. MUTUAL RIGHTS, DUTIES, AND
LIABILITIES.

Attorneys, see Attorney and Client, §§ 144-166.
Corporate officers and agents, see Corporations,
§ 316.

Insurance agents, see Insurance, § 84.

(A) Execution of Agency.

§ 48. Contract of plaintiff, as elevator agent,
with elevator company, construed.-McBrady v.
Monarch Elevator Co. (Minn.) 163.

(B) Compensation and Lien of Agent.
Brokers, see Brokers, §§ 45-67, 79-82.
Insurance agents, see Insurance, § 84.

III. RIGHTS AND LIABILITIES AS TO
THIRD PERSONS.

Liability of master for injuries to third per-
sons by acts or omissions of servants or inde-
pendent contractors, see Master and Servant,
$$ 315-330.

(A) Powers of Agent.

Authority of agent of corporations in general,
see Corporations, §§ 417-432.

(E) Notice to Agent.
Notice to officers or agents of corporations in
general, see Corporations, § 428.

PRINCIPAL AND SURETY.

See Guaranty; Indemnity.

Sureties on bonds for performance of duties of
trust or office.

157.

See Officers, § 129; Sheriffs and Constables,
County officers, see Counties, § 96.

Sureties on bonds in judicial proceedings.
See Injunction, § 235.

Appeal bond in proceedings to establish drain-
age district, see Drains, § 14.

Appeal or other proceeding for review, see Ap-
peal and Error, § 1229.

Requirements of statute of frauds as to agree-
ment to indemnify surety, see Frauds, Stat-
ute of, § 21.

PRIOR ADJUDICATION.

Operation and effect in general, see Judgment,
$$ 566-622, 701-714.

§ 81.

Declarations by agent as evidence against prin-
cipal, see Evidence, § 241.

22.

PROBATE.

ment, see Judgment, §§ 44-46.

§ 136. Parties contracting in their own name
do not exclude personal responsibility by de-
scribing themselves as agents of another.-Fow-
ler v. McKay (Neb.) 551.

(C) Unauthorized and Wrongful Acts.
Criminal responsibility of agent, see Criminal
Law, § 58.

(D) Ratification.

Of acts of corporate officers and agents, see
Banks and Banking, § 114.

PROCEEDS.

Of exempt property, see Homestead, § 77.
Of sale on foreclosure of mortgage, see Mort-
gages, § 567.