ACCRETION. See DONATIONS, VI. (c), 4). ACKNOWLEDGMENT. 1. For acknowledgment of natural children, see PARENT AND CHILD, II. 2. For acknowledgment of deeds, see EVIDENCE, XXIV. XXV. REGISTRY, II. (c); III. (a), 2). 3. For acknowledgment in matters of prescription, see PRESCRIPTION, IV. (d). ACTIONS. 1. For HYPOTHECARY ACTIONS, see MORTGAGE, VI. (c). brought, 1876, p. 106. 2. For REVOCATORY ACTIONS see OBLIGATIONS, VII. (b), 2). VII. Where to be EVIDENCE. 3. For DIRECT ACTIONS, see OBLIGATIONS, VII. (b), 2), A, No. 7, et seq. EXECUTION, V. (a), 3), E. JUDGMENT, I. Nos. 1, 2, 3, 4, 10; XV. (c), 3), No. 3; (e), No. 1. MONITION, No. 2. NULLITY, 1. No. 13. OFFICE AND OFFICER, Nos. 33, 34. PETITORY AND POSSESSORY ACTIONS, I. No. 7; II. (a), No. 8; II. (c), 1), No. 4. PLEADING, I. (c), 6), No. 1; 8), No. 4; VIII. (e). No. 6. SALE, X. Nos. 2, 3, 15. SHERIFE, I. (a), Nos. 2, 3. SUCCESSION, VII. (a), 1), No. 8; (f), No. 2; VIII. (f), 1), No. 4; 4), Nos. 6, 10. TAXES, III. (d), 3), No. 13. 4. For PERSONAL ACTIONS, see OBLIGATIONS, VIII. (a), No. 1. 5. For PROCEEDINGS in rem, see PLEADING, I. (c), 9), No. 13. JUDGMENT, XIV. 6. For RIGHT OF ACTION, see PLEADINGS, I. (a). 7. EX DELICTO AND EX CONTRACTU, see PRESCRIPTION, III. (a), Nos. 7, 8. 9, 10. ACTS. 1. For authentic acts, see EVIDENCE, XXIV. 2. For private acts and sous seings privés, see EVIDENCE, XXV. 3. For recognitive and confirmative acts, see EVIDENCE, XXVIII. OBLIGATIONS, IV. 4. For acts of the General Assembly, see LAWS. 5. For acts of God, see OBLIGATIONS, IX. VIS MAJOR. 6. For acts of acceptance or renunciation of the community or succession. see MARRIAGE, XIII. (e), 3); SUCCESSION, V. ADJOURNMENT Of Parish Courts, see COURTS, II. (f), No. 29. ADJUDICATION. See EXECUTION, V. (d). SUCCESSION, VIII. (e), 7). EVIDENCE, XXII. (c). INSOLVENCY, XI. SALE, VII. (c). MINORS, III. (g), 2); 3); 5). ROADS AND LEVEES. III. TAXES, III. (d). BANKRUPTCY. ADMINISTRATION AND ADMINISTRATORS. 1. See SUCCESSION, VII. VIII. IX. COURTS, II. (d), 5). II. IV. PARTNERSHIP, 2. For personal liability of administrators, see SUCCESSION, VIII. (f), 2), B. 3. For public administrator, see PUBLIC ADMINISTRATOR. ADMIRALTY. See COURTS, I. 9, 10; IV. (a). JUDGMENT, XIV. SHIPPING, VII. ADMIRALTY LIEN. See LIEN; PRIVILEGE, III. (c), 2), A; B. PROVISIONAL SEIZURE, NO. 1. SHIPPING, IV. (a), No. 3. ADOPTION. 1. See PARENT AND CHILD, III. 2. For custody of the adopted minor child, see MINORS, I. (a), Nos. 1, 5. 3. For capacity of adopter to appoint a testamentary tutor, see MINORS, I. 4. How to adopt, 1872, p. 79. ADULTERY. See MARRIAGE, III. ADVANCEMENT AND ADVANCES. See PRIVILEGE, III. (d). SUCCESSION, V. (c), 2). SHIPPING, X. (c), 4). ADVERTISEMENT. 1. See SALE, VII. (b). EXECUTION, V. (c). SUCCESSION, VIII. (e), 3). EVIDENCE, IX. (e). MONITION. 2. In English only, 1874, p. 113; in Orleans, three times in 10 days and once a week in 30 days, 1878, p. 157. Judicial advertisement, except Orleans, 1876, p. 146. AFFIDAVIT. 1. In conservatory process, see ARREST, III. ATTACHMENT, III. INJUNCTION, IV. PROVISIONAL SEIZURE. SEQUESTRATION, II. (b). 2. NEW TRIAL, II. III. JURY, I. (c). CONTINUANCE, II. CRIMINAL LAW, XIII. (c). 3. Loss of written instruments, EVIDENCE, IX. (e). BILLS AND NOTES, XVI. AFFINITY. 1. A cause of recusation, 1877, p. 35. AGENCY AND AGENT. See MANDATE. ALEATORY CONTRACTS. 1. A contract to run a horse race is not prohibited by law, and money lost on such a race may be recovered by action in the courts. But such contracts, although permitted, are regarded with suspicion by the law, and the judge is authorized to reject the entire demand when the same appears to him excessive. 15 A. 525, Grayson v. Whatley. 2. The defendants acting as judges of a race, decided in favor of plaintiff, and paid the money over to the latter, but on the appeal of the owner of the contesting horse, returned the money to the judges and referred the question to the jockey club who decided in favor of the owner of the contesting horse, and the money was paid over to him; Held: That plaintiff cannot maintain any action against the judges. 16 A. 249, Bingamon v. Cocks et als. 3. Proof indicating the pecuniary standing of the parties must be offered so as to enable the court to decide whether the bet on a horse race, sought to be enforced, is excessive. 18 A. 520, St. Ceran v. Sherman. 4. The defendants having entered into a contract to pay to the widow an annuity if she should withdraw her application for the administration and transfer to them her interest in and to the succession, are bound to pay the annuity even if the property of the succession be afterwards lost to them. A. 292, Archinard v. Boyce. 26 5. The purchaser who buys the interest of the seller in the succession, cannot have the sale set aside, because he believed it to be more than it really was. 26 A. 669, Pool v. Alexander. See SALE, I. (d), No. 6. TRANSACTION, No. 6. 6. Aleatory contracts, generally cannot be transferred, see OBLIGATIONS, VIII. (a), No. 2. 7. A contract to run a horse race, is heritable, see ib. No. 3. ALIEN. 1. For the tax on foreign heirs and legatees, see TAXES, II. (a). 2. Alien heirs may transfer the shares of stock, without opening the succession of the owner. 1877, p. 60. ALIENATION AND ALIENABILITY. See DONATIONS, III. (c). THINGS, I. (a), 1); II. (b). A. PRESCRIPTION, II. (a). MINORS, III. (g). ALIMONY. 1. The person requiring alimony need not wait till the succession be settled, to claim it. 22 A. 627, Succession of Lyons. 2. If it be not proven that the person was in need and incurred an indebtedness for her support, alimony will be granted only from the day the petition was filed. Ib. 3. No greater alimony will be granted to a bastard child than is shown to be necessary for its support. Should a larger sum become necessary, it is within the province of the Probate Court to grant it. 19 A. 504, O'Gara v. Riddel. 4. An ex-parte order rendered upon the petition of the wife who claims a divorce, condemning the husband to pay her alimony and giving to her the keeping of the children is contrary to law and equity. 19 A. 505, Madden v. Fielding. 5. An action for alimony by the illegitimate child, cannot be brought against the succession, but only against the heirs. 26 A. 323, Drouet v. Succession Drouet; 27 A. 382, Dalton v. Succession Halpin. 6. A married woman cannot sue merely for alimony. See MARRIAGE, II. (b), No. 2. PLEADING, I. (c), 1), A. Nos. 6, 7. 7. The plea of reconciliation is a peremptory exception. See PLEADING, VI. (c), 1), No. 1. ALTERNATIVE. See PLEADINGS, II. (a). OBLIGATIONS, VIII. (d). ALLUVION. See ACCESSION, II. (b). AMENDMENT. In pleading, see PLEADINGS, IX. Of judgment, see JUDGMENT, VI. XI. APPEAL, VI. IX (i). NEW TRIAL. Of minutes, see COURTS I. No. 6. Of answers to interrogatories of garnishees, see EXECUTION, V. (a), 3), D. § 2. Of verdict, see JURY, IV. (b). Of laws, see LAWS, III. Of certificate of transcript, see APPEAL, VIII. (e), 1); (f). Of the Civil Code and Code of Practice, see CODES. Of the Revised Statutes of 1870, see LAWS, III. (c). AMICABLE. 1. For amicable compounders, see ARBITRATION. 2. For amicable demand, see Costs, III. (b). EXECUTORY PROCESS, III. (b). 3. For amicable demand in hypothecary actions, see MORTGAGE, VI. (c), 6. 3. Failure of amicable demand, see COSTS, III. (b). 5. It must be pleaded in limine, see PLEADING, VI. (a), 1), Nos. 2, 3. AMITE. The acts of 1861 and 1862, incorporating Amite, are valid, see REBELLION. ANIMALS. See CORPORATIONS, X. (gg). SALE, III. (d). ANNUITY. See RENT. ANSWER. In suits, see PLEADINGS, V. (b); c); VIII. (a); (b), 1); (c), 1). JUDGMENT, IX. APPEAL, VI. EXECUTORY PROCESS, IV. EVIDENCE, XII. (j). For answer to amendments in pleadings, see PLEADINGS, IX (a). For answer to interrogatories on facts and articles, see EVIDENCE, XVIII. (d). For answer of garnishee, see ATTACHMENT, X. (b). EXECUTION, V. (a), 3), D. § 2. For answer to rule nisi in application for mandamus, see MANDAMUS, II. ANTECHRISIS. See PLEDGE, II. APPEAL. I. OF THE RIGHT OF APPEAL. (a) As affected by the amount in dis- (c) As affected by the confession or execution of the judgment; and (d) As affected by previous appeal. (b) As affected by the finality of the (f) As affected by lapse of time. judgment, or the irreparable 1) Suspensive appeal. II. OF THE PETITION, MOTION AND ORDER OF APPEAL; ITS WITHDRAWAL; 9 (c) On whom and where to be made; V. OF THE PARTIES. (b) Who must be made parties, and how far those not parties are affected by or can avail themselves of the appeal. 3) Insolvency, marriage, partition, suc cession and tutorship. (c) Change of parties. VI. OF THE APPEARANCE, ANSWER AND MOTION TO DISMISS. (a) In general. (b) Waiver of motion to dismiss. (a) In general. (c) When prayer for amendment or motion to dismiss if not waived, must be filed. (d) Prayer for damages. VII. OF THE EFFECT OF THE APPEAL. (b) Time allowed for suspensive appeal and amount of the bond. (c) Reversal of the judgment. VIII. OF THE DIFFERENT MODES OF BRINGING UP THE APPEAL AND INFOR (a) In general. (b) Assignment of error. (c) Statement of facts. MALITIES IN SO DOING. (e) Certificate of the judge and clerk. 1) In general. 2) Requisites of the certificates. (d) Time within which the transcript (f) Diminution of record and cor 1) In general. 1. Where a slave had been ordered into the custody of the sheriff by a justice of the peace, in a prosecution against a wife for cruel treatment; Held: That an application by the husband, as head and master of the community, to the district judge for a mandamus against the magistrate, the keeper of the parish jail and the sheriff, for the delivery of the slave, was not incidental to the |