fendant than it does his own, if negligence to follow, but, on the contrary, to exhaust there was, and not accident pure and simple. the possibility of disposing finally of the After all the facts of this case are con- case below before sending it to this court sidered, the mind is left in a condition of un- already burdened with more than its just certainty fatal to plaintiff's case. Such, too, share of work. is the impression which the learned trial judge had of the case, who refused a new trial simply because he thought the case had better be left to come at once to this court. This course we beg our brethren below not

The judgment appealed from is set aside, and the plaintiff's suit is dismissed at her cost.

O'NIELL, J., dissents.

INDEX

ABANDONMENT.

Of appeal, see Appeal, § 8.

ABATEMENT AND REVIVAL.

Judgment as bar to another action, see Judgment, 4.

Pleas in abatement, see Pleading, § 2.

§ 1. Another action pending.

ACADEMIES.

See Schools and School Districts, § 1.

ACCEPTANCE.

Of goods sold in general, see Sales, § 2.
Of paving work, see Municipal Corporations,
§ 3.

ACCESSION.

Where an appeal taken against defendant by
inadvertence or otherwise was never a real
appeal as against him, and no attempt was
made to maintain it against him, his exception
of lis pendens in a suit making him a party de-
fendant before the dismissal of the former ap- See Bills and Notes, §§ 1-3.
peal. was without merit.-Commercial Nat.
Bank v. Sanders, 622.

Annexation of personal to real property, see
Improvements.

§ 2. Waiver of grounds of abatement
and time and manner of pleading
in general.

Exception or plea of prematurity cannot be considered, unless filed before answer to the merits.-Lurie v. Titcomb, 9.

ABETTORS.

Criminal responsibility, see Criminal Law, § 3.

ABSENTEES.

Cure by prescription of error in designation of
attorney for absentee in foreclosure pro-
ceedings, see Prescription, § 4.
Due process of law in actions against, see Con-
stitutional Law, § 7.

The only remedy of defendant in executory proceedings, who complains that there was not sufficient authentic evidence to warrant order of seizure and sale, is appeal.-Richardson v. McDonald, 651.

ACCOMMODATION PAPER.

ACCORD AND SATISFACTION. See Novation; Release.

ACCOUNT.

Accounting by executors and administrators, see Succession, § 6.

Accounting by mortgagee, see Mortgages, § 2. Accounting by tutor of minor, see Tutorship, § 2.

ACKNOWLEDGMENT.

Operation and effect of admissions as evi-
dence, see Evidence, § 3.
Operation and effect of admissions as ground
of estoppel, see Estoppel, § 1.

ACTION.

Abatement, see Abatement and Revival.
Bar by former adjudication, see Judgment, § 4.
Concealment of cause of action, see Prescrip-
tion, § 2.

Code Prac. art. 737, authorizing appointment Malicious actions, see Malicious Prosecution. Jurisdiction of courts, see Courts. of attorney to represent absent mortgagor and have foreclosure proceeding in rem prosecut-Pendency of action, see Abatement and Revived contradictorily against him, held valid.-Id.

ABUTTING OWNERS.

al, § 1.

Prescription by law, see Prescription.
Stay of proceedings, see Appeal, § 6.

Actions between parties in particular relations.
See Master and Servant, § 2.
Cotenants, see Partition, § 2.
(139 LA.)

Assessments for expenses of public improvements, see Municipal Corporations, § 3. 1113

1114

Actions by or against particular classes of

persons.

See Carriers, §§ 1, 2.

ADJUDICATION.

Of courts in general, see Courts, § 2.
Taxpayers, see Municipal Corporations, § 7. Operation and effect of former adjudication, see
Judgment, § 4.

Particular causes or grounds of action.

See Assault and Battery, § 1; Bills and Notes,
§ 3; Malicious Prosecution, § 3; Negligence,
§ 2.

Bond of administrator, see Succession, § 7.
Breach of covenant, see Covenants, § 1.
Discharge from employment, see Master and
Servant, § 1.

Injuries caused by operation of railroad, see
Railroads, § 2.

Injuries to passenger, see Carriers, § 2.
Injuries to servants, see Master and Servant,
§ 2.

Insurance policy, see Insurance, § 4.
Recovery of interest, see Interest, § 1.
Recovery of land sold by vendor, see Sales, § 7.
Recovery of payment, see Payment, § 1.
Recovery of price paid for land, see Sales, § 8.

Particular forms of action.

See Petitory Action.

Particular forms of special relief.

See Divorce and Separation from Bed and
Board; Partition, § 2.

Alimony, see Divorce and Separation from
Bed and Board, § 3.

Cancellation of written instrument, see Can-
cellation of Instruments.

Establishment and enforcement of right of
homestead, see Homestead, § 3.

Foreclosure of mortgage, see Mortgages, § 4. Of receiver's sale, see Receivers, § 1.

Setting aside fraudulent conveyances,
Fraudulent Conveyances, § 2.

Setting aside will, see Wills, § 2.

Particular proceedings in actions.

see

Act No. 66 of 1874 authorizes pledging of marking of animals belonging to third persons. growing crops only for advances and gives fac--State v. Dickerson, 147.

tor making advance no right to appropriate In Acts Extra Sess. 1870, No. 8, § 3, makproceeds of crops for any other debt.-Id. ing it unlawful to feloniously mark any aniOne who purchases agricultural products mal, "feloniously" refers to act done with infrom a farmer does not thereby make himself tent to commit crime.-Id. personally liable for debts of farmer secured by unrecorded lien on crop.-Union Seed & Fertilizer Co. v. J. Supple's Sons Planting Co., 692.

AIDERS AND ABETTORS.

ANNULMENT.

See Cancellation of Instruments.

Of foreclosure sale, see Mortgages, § 4.

Criminal responsibility, see Criminal Law, § 3. Of marriage, see Marriage.

ALIENATION.

Suspension of power of alienation of property, see Perpetuities.

ALIMONY.

See Divorce and Separation from Bed and
Board, § 3.

ALLOWANCE.

Of tax sale, see Taxation, § 3.

Of will, see Wills, § 2.

Costs, see Costs, § 1.

To surviving wife, husband, or children of de- Effect of stipulation, see Stipulations. cedent, see Succession, § 4.

ALLUVION.

See Waters and Water Courses, § 1.

AMENDMENT.

Execution of appeal bond by surety company, see Suretyship, § 1.

Remedy by appeal as ground for denial of prohibition, see Prohibition, § 1.

Review in action against absentee, see Ab

sentees.

Review in criminal prosecutions in general, see
Criminal Law, § 12.

Review in mortgage foreclosure suits, see
Mortgages, § 4.

Of indictment or information, see Indictment Review of primary election contest, see Elecand Information, § 3.

Of pleading, see Pleading, § 4.

Of statute, see Statutes, § 3.

AMOUNT IN CONTROVERSY.

Jurisdictional amount, see Courts, § 3; Criminal Law, § 12.

ANCILLARY JURISDICTION.

See Courts, § 3.

ANIMALS.

Cattle theft, see Larceny, § 1.
Hog stealing, see Jury, § 1; Larceny, § 1.
Subject and title of statute, see Statutes, § 2.

Acts Extra Sess. 1870, No. 8, § 3, making it unlawful to feloniously mark or brand any animal, is not ambiguous, but applies only to

tions, § 3.

Review in proceedings for cost of street pav-
ing, see Municipal Corporations, § 3.
Review of decisions of justices of the peace, see
Justices of the Peace, § 1.

Review of proceedings for assessment of taxes,
see Taxation, § 2.

§ 1. Nature and form of remedy.

Where judgment decrees nullity of title set up by defendant, but also decrees revival of mortgage under which defendant claims and directs resale under mortgage, plaintiff has no right to separate appeal from that part of judgment in accordance with his petition nor to suspend execution of any part of judgment obtained by plaintiff in reconvention, on bond for costs.-State ex rel. John T. Moore Planting Co. v. Howell, 336.

2. Nature and grounds of appellate jurisdiction.

The Supreme Court does not sit for decision of moot questions.-Succession of Lacosst, 837.