Mandamus to grant suspensive appeal, see "Mandamus."

Appellate jurisdiction.

Appeal from forfeiture of bail bond under Rev. St. § 1032, is within jurisdiction of supreme court, regardless of amount of bond. (La.) 422.

Where bail bond for appearance at preliminary examination before recorder of parish of Orleans is for only $500, supreme court has no jurisdiction of appeal from forfeiture. (La.) 422.

Mandamus to compel an erasure of tax inscriptions from mortgage record, where the amount of taxes is less than $2,000, is not within the jurisdiction of the supreme court. (La.) 190.

Appeal will lie from a judgment against a husband for separation from bed and board and for $1,700 for paraphernal funds. (La.) 191.

No appeal lies from an interlocutory order carrying into effect a final judgment. (La.) 212.

Defendant may appeal from a judgment, though the court wrongfully set it aside, and reinstated the cause on the docket. (La.) 120. Will not lie from a judgment fixing the right of parties in property, and ordering partition. (La.) 212.

An appeal will not lie from an order vacating the levy of an attachment. (Ala.) 359.

A suspensive appeal from a judgment on a rule, which carries into execution a judgment already rendered, cannot be obtained. (La.) 308.

Where a justice illegally usurps the jurisdiction of a police magistrate, the remedy is by prohibition or certiorari, and not by appeal. (La.) 292.

An appeal does not lie from an order of the chancellor, in vacation, discharging an injunction. (Ala.) 659.

A defendant prejudiced by overruling of motion to dismiss bill may appeal therefrom though he did not make the motion. (Ala.) 552. In an action involving the possession of property, the jurisdiction on appeal of the supreme court is determined by the value of the right of possession, and not by the value of the property itself. (La.) 915.

Requisites.

Retroactive effect of Act May 11, 1893, providing the time for taking appeals in chancery, and time of taking effect of such act. (Fla.) 90. Appeal of an insane person, taken by guardian or next friend, need not be within the time for appeals of sane persons. (Miss.) 465.

If appellant was insane at time of suit, appeal is not barred unless statutory period for taking appeal elapsed after removal of disability. (Miss.) 465.

To stay execution of order of seizure and sale by suspensive appeal, bond must be furnished as required by article 575, Code Pr. (La.) 428.

In a suit under Const. art. 171, to have a sheriff declared ineligible as a defaulter, the state need not give bond on appeal. (La.) 130.

Practice.

The error in overruling a motion for new trial cannot be considered where there is no bill of exceptions. (Ala.) 786.

Motion to set aside order contained in judgment entry, denial thereof, and exception must be embodied in bill of exceptions. (Ala.) 477.

Where bill of exceptions does not state that it contains all the evidence, it will be presumed that it was sufficient to sustain judgment. (Ala.) 205.

Where the evidence on which the court below allows a claim in an executor's accounting is not in the record, the decision will not be reviewed. (La.) 184.

Under Code Pr. art. 898, the supreme court will grant relief in cases of diminution of the record only in case the omission and irregularities arise without the fault of appellant. (La.) 119.

Where the transcript contains neither order of appeal nor appeal bond, the appeal will be dismissed. (La.) 120.

An application for rehearing should not argue points expressly passed on by the court. (Fla.) 841.

Where no sufficient complaint is filed in a justice court, a judgment for plaintiff by default in the circuit court on appeal, without a complaint, is erroneous. (Ala.) 786.

On appeal in attachment for rent in a justice's court, where plaintiff amended by counting on rental notes, it was not a departure from the original suit. (Ala.) 281.

It is proper to add interest in affirming judgment brought from justice's court by certiorari, though the sum exceed justice's jurisdiction. (Ala.) 875.

On an appeal from a justice, defendant cannot set up the pleadings in the justice court, and plead in abatement. (Ala.) 849.

Assignments of error.

Cross assignments of error by appellee cannot be considered where appellant has not joined therein nor consented thereto. (Ala.) 638.

Where exceptions have been taken to a charge, and appear in a bill of exceptions, error may be assigned, though no motion for new trial was made below. (Fla.) 157.

Review.

Where no answer was filed to a bill for an injunction, and the grounds of the order dissolvto the equities shown in the bill. (Ala.) 659. ing it are not stated, an appeal will be confined

An issue tried without objection will be reviewed on appeal, though not raised by the pleadings. (Ála.) 201.

Where exception of no cause of action is sustained, suit dismissed, and appeal prosecuted to circuit court of appeals, latter cannot dispose of case finally on its merits. (La.) 419.

Objection as to the discontinuance of a suit as to a party not served cannot be raised first on appeal. (Ala.) 849.

If correct result is reached, it cannot be ob jected for the first time on appeal that suit was wrongfully brought in name of sheriff to the use of another. (Miss.) 465.

An objection to the sufficiency of the complaint cannot be raised for the first time on appeal. (Ala.) 786.

An objection to joinder of causes cannot be raised for the first time on appeal. (Ala.) 786.

It is too late on appeal to urge as an objection there was no proof of its execution. (Fla.) 692. to the admissibility of a Spanish grant that

It is within the discretion of the court to set aside an order made by the clerk at rules dismissing a bill for want of replication. (Fla.) 796.

It is within the discretion of the court to extend the time allowed for taking testimony. (Fla.) 796..

A demurrer will be presumed to have been waived, if the record does not show the ruling thereon. (Ala.) 650.

Where the record shows "a jury of good and lawful men," proper organization is presumed, no point being made or exceptions reserved below. (Ala.) 115.

amount than the appellate jurisdiction of the court, the appeal will be dismissed. (La.) 302.

APPEARANCE.

defendant does not waive his right to plead in By a general appearance in a personal action, abatement that he is not sued in the county of his residence. (Fla.) 812.

Where there is no bill of exceptions showing the testimony, objections to instructions cannot be considered. (Fla.) 40.

Where there is not enough legal evidence in the record to sustain the bill, a decree granting relief will be reversed. (Ala.) 9.

Harmless error.

Error in sustaining a demurrer is harmless if the question is subsequently passed on by the jury. (Ala.) 667.

ARBITRATION AND AWARD.

An award in an arbitration conducted under the rules of the church to which the parties belong is binding. (Ala.) 854.

An award is set aside by an agreement in writing between the parties after its rendition to submit to different arbitrators. (Ala.) 854.

ARSON.

Error in overruling a demurrer is harmless where all the evidence is admitted which could have been if the demurrer had been sustained. (Ala.) 854.

Where, in action for injuries, the evidence shows that plaintiff was negligent, he cannot complain of error in the exclusion of evidence. (Ala.) 405.

Error against defendant in selecting a struck jury is not rendered harmless by a charge that, if the jury believe the evidence, they shall find for plaintiff. (Ala.) 111.

Effect of appeal-Supersedeas.

Where no judgment for an entire sum of money has been rendered, complainant has not a right to a supersedeas as a matter of course. (Fla.) 41.

Decision.

Where, in an action on a marine policy, plaintiff alleges that defendant, in violation of the policy, did not attempt any salvage of the wreck, and that question is decided against him, on affirmance the right will be reserved to plaintiff to try such issue under claim of a separate contract. (La.) 256.

Where the trial judge fails to pass upon the issue raised, but passes upon one not raised by the pleadings and the evidence, a judgment will be reversed. (La.) 219, 220.

A judgment against defendants must be reversed where record does not show service of summons or appearance. (Miss.) 529.

Where a judge has ruled correctly, though the proceedings were irregular, and no injury has been done, the case will not be reversed and remanded. (La.) 232.

Dismissal.

Where the record discloses that appellant has no interest in the appeal, that the judgment does not aggrieve him, and that it is not, as to him, res judicata, the appeal will be dismissed. (La.) 884.

A motion to dismiss because all the parties have not been cited will be denied, when all the parties interested in maintaining the judgment are parties to the appeal. (La.) 348.

Where the issue is the right to possession of land, and the value of that right is less in

259.

(Miss.)

ASSAULT AND BATTERY. With intent to kill, see "Homicide."

A charge that defendant did willfully make an assault upon another by shooting at him is insufficient, under Rev. St. § 792, denouncing the offense of assaulting another by willfully shooting. (La.) 137.

In civil action for assault, evidence of irritation and provocation is admissible in mitigation of damages. (La.) 317.

Assignment.

See "Assignment for Benefit of Creditors."
Of debt and mortgage, see "Mortgages."
Of life insurance policy, see "Insurance."

ASSIGNMENT FOR BENEFIT OF CREDITORS.

See, also, "Insolvency."

Enforcement of vendor's lien against assignee, see "Vendor and Purchaser."

Where assignment is made to one creditor in trust for others, the assent of the assignee alone is necessary. (Miss.) 528.

That the deed creates a power of attorney in the assignee, to enable him to collect the assets, does not render it void. (Ala.) 283.

Need not include homestead of the assignor. (Ala.) 283.

An assignment is not invalid because a note preferred by its terms had been paid before delivery of assignment. (Miss.) 146.

The possession of an assignor after assignment, by permission of the assignee, is not fraudulent. (Ala.) 283.

Evidence admissible to show the good faith of the assignor in making the trust deed. (Ala.)

283.

An assignee takes no better title than his as signor had. (Ala.) 286.

Where an agent of an express company at S. induced a bank, by fraud, to send money to a fictitious firm at S. by express, and embezzled it, the express company was liable therefor. (Ala.) 546.

A carrier is liable for injury to goods. though they were improperly loaded by the shipper, if the improper loading was apparent to the ordinary observation of the carrier's servants. (Ala.) 370.

A carrier undertaking to transport property gratuitously is liable only for gross negligence. (Ala.) 873.

Though goods are in a damaged condition when delivered by a connecting carrier to the consignee, there is a presumption that the receiving carrier delivered them to the connecting carrier in good condition. (Ala.) 114.

Where a contract for shipment of cattle provided that the value of the cattle "at the time and place of shipment" should govern in action for damages, such value must be shown. (Miss.) 452.

Sufficiency of complaint in action for failure to deliver a shipment. (Ala.) 873.

The question of nondelivery of goods shipped is for the jury. (Ala.) 56.

Sufficiency of evidence to sustain verdict against carrier for goods alleged to have been lost. (Miss.) 457.

Of passengers.

A person who rides on a train without paying his fare, by consent of train crew, cannot recover for injuries on being pushed from the train by such crew in an attempt to rob him. (Miss.) 260.

Where a passenger is injured while stepping from the running board of an open street car to the steps of a closed car, he cannot recover. (Ala.) 201.

Where a passenger on a railroad train is on the steps at the station where he is to get off, and the car moves ahead, and he jumps off, he is not guilty of contributory negligence. (La.) 734, 736.

A complaint alleging that, in the car in which plaintiff was riding, defendant negligently hung a bottle containing a fluid, and that the bottle was broken, and its contents negligently spilled on plaintiff's clothes, avers negligence. (Ala.) 327.

Action for injuries while boarding train-Contributory negligence. (Ala.) 405. Injury to passenger-Contributory negligence. (La.) 61.

CARRYING WEAPONS.

The fact that defendant was employed as a watchman did not justify his carrying weapons when not so engaged. (Ala.) 763.

A parol mortgage of crops by plaintiff to defendant is no defense to an action for conversion of mortgaged property. (Ala.) 790.

A chattel mortgage is not void as to bona fide purchaser where the purchaser's title accrued in the county of record, though the chattel was delivered to him in another, and kept by him in a third. (Miss.) 266.

A description as "25 bails of cotton, to be raised by them, or any hands they may employ, in 1892, on lands belonging to them, or on lands they may cultivate during that year," is insufficient for indefiniteness. (Miss.) 199.

Priority over lien afterwards contracted. (Ala.) 47.

Parol evidence is admissible to show a balance due defendant from the mortgagee on a contract, though the contract was in writing. (Ala.) 362.

The fact that the sale was open, and there was no attempt at concealment, raises no presumption that no intent to defraud the mortgagee existed. (Ala.) 362.

Claim and Delivery.

See "Replevin."

CLERK OF COURT.

The clerk of the criminal court cannot be paid, out of the fine and forfeiture fund, fees for subpoenas for witnesses for defendant in a criminal case, who is acquitted. (Ala.) 771.

Cloud on Title.

CERTIORARI.

Will not issue to restrain district court from hearing case on merits, when it is appealable. (La.) 427.

Certiorari will not lie to review conclusions of the trial court on evidence submitted in proceedings to punish for contempt the publisher of an article interfering with the proper administration of the law. (La.) 310.

Common Carrier.

See "Carriers."

CONFLICT OF LAWS.

Where the domicile of a decedent was in New York, and the succession, at her death, was immediately opened there, whether it was legal or testamentary was a question to be determined by the probate court of the domicile. (La.) 233.