with the opinion of this court, 59 Minn. 332, 61 N. W. 324. The present appeal was from a judgment entered, in pursuance of the order of Jamison, J., in accordance with the mandate and opinion of the supreme court, and adjudging and decreeing that plaintiff was the owner of 352 shares of the capital stock of defendant company, and that defendant issue to plaintiff new, regular and marketable stock certificates for 352 shares of its capital stock and deliver the same to the clerk of said court on or before March 1, 1895, for plaintiff; and in default thereof, that plaintiff have judgment for the value of said stock and such further and other damages as he might show himself entitled to upon application to said court. Affirmed. C. M. Ferguson, George H. Fearons and Rush Taggart, for appellant. Jonas Guilford, for respondent. START, C. J. This is an appeal from the judgment of the district court of Hennepin county. For the reasons stated by this court in its decision upon a former appeal herein, and reported in 59 Minn. 332, 61 N. W. 324, the judgment is affirmed. v. 62 M.-35 INDEX. ABATEMENT. See "Replevin," 256. ACCIDENT AND SURPRISE. See "Practice," 528. ACCORD AND SATISFACTION. See "Payment," 214. ACTION. See "Agricultural Society," 175; "Banks and Banking," 152: "Con- ADMISSION. See "Appeal," 258; "Criminal Law," 474; "Partnership," 193. In an action to determine an adverse claim to vacant land, plaintiff is -Wheeler v. Winnebago Paper Mills... ADVERSE POSSESSION. See "Possession," 229, 310. AGRICULTURAL SOCIETY. 429 In an action against the State Agricultural Society, the complaint did -Lane v. Minnesota S. Agric. Society.... AMENDMENT. See "Judgment," 498; "Pleading," 46, 315, 420. ANIMAL. See "Negligence," 175. 175 ANNUITY, SAFE-DEPOSIT AND TRUST COMPANY. See "Corporation," ANSWER. See "Adverse Claims to Real Property," 429; "Mortgage," 405. Where an order overruling a demurrer was reversed, but the demurrer, -Topping v. Clay........... 3 The finding of the court that a stipulation had been complied with, where -Robinson v. Smith... v.62 M. (547) 62 APPEAL--Continued. On appeal in a capital case, stay of execution should be granted until the -State v. Hayward..... ... 114 Where, on appeal, an order overruling a demurrer was reversed, but, on -Marine Nat. Bank v. Humphreys..... ... 141 Where certain of the findings of fact were not sustained by the evidence, -McKinnon v. Palen...... ... 188 Where the record did not show the contents of a page of a directory -Boosalis v. Stevenson.. ... 193 An appeal from an order denying a motion for a new trial will be dis- -Granite S. B. & T. Co. v. Weinberg.... .... 202 In the absence of the evidence and proceedings on trial, it will be pre- -Yorks v. City of St. Paul...... ... 250 Where, on plaintiff's admissions of fact and law at the trial, judgment -Moquist v. Chapel..... An order appointing a receiver in a foreclosure suit is appealable. 258 ... 280 On such appeal it is the duty of the judge to certify a proper statement -State v. Egan..... 280 Assignments of error not urged in the points and authorities cannot be -Minneapolis, St. P. & S. Ste. M. Ry. Co. v. Firemen's I. Co.... 315 324 Order granting a new trial, because the verdict was not sustained by -Heim v. Chapel.... 338 Where the result of the litigation would not settle the only question of -Nally v. Maley..... ... 372 An order permitting creditors of an insolvent to share in his estate with- -Ekberg v. Schloss.... See "Estates of Decedents," 321. 427 ASSESSMENT. See "Insurance (Fire)," 169. ASSESSMENT FOR LOCAL IMPROVEMENTS. See "Judgment," 271; ASSIGNMENT. See "Judgment," 1. ASSIGNMENT FOR BENEFIT OF CREDITORS. See "Corporation,” 501; ASSIGNMENTS OF ERROR. See "Appeal," 315. ASSOCIATION. See "Building and Loan Association," 122; "Insurance ATTACHMENT. See "Logs," 528. ATTORNEY AT LAW. See "Judgment," 94. AUSTIN (CITY OF). See "Counties and County Officers," 397. BANKS AND BANKING. Under G. S. 1894, § 2501, the liability of a stockholder of a bank who An action to enforce such liability may be brought by a creditor in behalf -Harper v. Carroll.... 152 As to when the six years statute of limitations begins to run. 152 See "Corporation,” 501; “Criminal Law," 7, 540; “Estates of Decedents,” BILL OF LADING. See "Carrier," 288. BILL OF PARTICULARS. See "Criminal Law," 7. BOND. Payment of the price under a building contract sooner than its terms -Reed v. McGregor..... See "Mortgage," 298; "Pleading," 46; "Principal and Surety," 94. BUILDING AND LOAN ASSOCIATION. 94 Where the by-laws of a mutual building and loan association were am- 122 122 |