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KEY NUMBER SYSTEM
THIS IS A KEY-NUMBER INDEX
It Supplements the Decennial Digests, the Key-Number Series and Prior Re-
porter Volume Index-Digests.'
ABATEMENT AND REVIVAL.
PARTIES AND PROCEEDINGS.
OF See Shipping.
maritime service when injured.-Ex parte
I. NATURE AND REQUISITES.
tion in General.
m13 (Ala.) Claimant must bring possession
within specification of Code.--Earnest v. Fite,
Code requirements held not to apply to claim
(F) Hostile Character of Possession.
Cm7I(1) (La.) Prescription; sale under pri.
vate signature held sufficient basis for claim of
Cm81 (La.) Prescription; unauthorized deed
held sufficient to support prescription acqui-
rendi causa.-Bowers v. Langston, 301.
Ow85(5) (La.) Prescription; proof of con-
tents of lost document evidencing sale of land
held sufficient to support plea of title by pre-
scription.-Kinchen v. Redmond, 607.
z (Fla.) Rules of pleading applicable to
Call (La.) Borrower of money to make crop
ALTERATION OF INSTRUMEN'CS.
2 (Miss.) Alteration which enlarges scope
alteration.-J. R. Watkins Co. v. Fornea, 185.
C9 (Ala.) Detachment of draft pasted to
draft for larger amount held not material "al.
teration.”—Moore v. First Nat. Bank, 319.
C17 (Ala.) Unauthorized alteration in tim-
ber grant held not to authorize cancellation of
conveyance.-Gresham v. Pogue, 636.
50(2) (Ala.) Facts to support establish-, ww216(2) (Ala.) Instruction to verdict
226(1) (Ala.) Failure to render judgment
pellate court.-Richardson y. Stinson, 209.
reviewable.-Thompson v. Menefee, 107.
(D) Motions for New Trial.
be presented by motion for new trial.-South-
ern Ry. Co. v. Dickson, 665.
Om 305 (Ala.App.) Excessiveness of verdict
pot reviewable on appeal from judgment with-
out exception to denial of new trial.-Cheek v.
party below held not necessary party on ap-
pensation.-Theo. Hirsch Co. v. Scott, 157.
m329 (Fla.) Interveners may be brought into
court on appeal, when final decision of their
right or claim made below.-Theo. Hirsch Co.
v. Scott, 157.
VII. REQUISITES AND PROCEEDINGS
FOR TRANSFER OF CAUSE.
339(4) (Ala.) Appeal from preliminary in-
m351 (2) (Ala.) Appeal held taken within
time prescribed.-Luther v. Luther, 497.
(B) Petition or Prayer, Allowance, and
Certificate or Affidavit.
v. Zimmerman, 528.
Om 364 (Fla.) Writ of error made returnable
missed.--East Coast Lumber Co. v. Walter
(C) Payment of Fees or Costs, and Bonds
or Other Securities.
original judgment and not from order denying
X. RECORD AND PROCEEDINGS NOT IN
(A) Matters to be shown by Record.
mw494 (Ala.) Ruling on motion for new trial
Cw508" (Miss.) Dismissal of appeal by circuit
from record of note of testimony.-Conner v.
Decree denying complainants relief will not
be reversed on account of nonexistence of note
(B) Scope and Contents of Record.
of exceptions judicial act and must take place
sented within 90 days ineffectual to review or.
iginal judgment.--Robinson v. Steverson, 910.
(H) Transmission, Filing, Printing, and
Service of Copies.
discontinued.-Luther v. Luther, 497.
For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see game topic and KEY-NUMBER
v. Hudson Const. Co., 451.
mentary Proceedings and Questions.
(C) Parties Entitled to Allege Error,
655(2) (Ala) Failure to set out consecu- from defending judgment on appeal on ground
sumptions not contradicted by record.--McMil-
ww917(1) (La.) Facts alleged deemed true on
Ono 917(3) (Ala.) Grounds of demurrer, not
asserted and argued in brief, presumed waived.
-Conner v. State, 474.
motions.-Green v. NuGrape, Co., 84.
Ow931 (1) (Ala.) Proof taken by deposition
reviewed, without presumption in favor of trial
ants' plea was filed in advance of judgment.-
McMillian Lumber Co. v. First Nat. Bank, 331.
(F) Discretion of Lower Court.
tain v. State, 892.
Par 973 (Fla.) Dismissal without prejudice in
equity not error, in absence of clear showing
979(2) (Ala.) When grant of new trial
disturbed where evidence conflicts and judicial
discretion not abused.--Herrin v. Avon Mfg.
mm 792 (Ala.) Sufficiency of decree to support w 100!(1) (Miss,) Jury's finding on compe-
flicting evidence indisputable appeal.-
Franklin v. Argyro, $11.
so unreasonable as to warrant appellate court
not disturbed.-America Mining Co. v. Taylor,
1005 (3) (Ala.) Court's ruling sustaining
verdict on motion for new trial, conclusive.
May v. Middleton, 640.
Om 1005(3) (Ala.) Weight of conflicting evi-
court.--Dolcito Quarry Co. v. Cruse-Crawford
ings sustain judgment but not whether findings
plainly wrong.–Driver v. Johnson, 116.
Om 1009(1) (Fla.) Where chancellor's decree om 1050(1) (Ala.) Admission of evidence held
-Bankers' Financing Co. v. Lye, 804. Cw1050(!) (Ala.) Asking witness what day
Cum 1050(!) (Ala.) Admission of evidence held
C1052(6) (Ala.) Exclusion of testimony on
Cw1052(8) (Ala.) Admission of testimony in-
Om 1054(1). (Ala.) Admission of evidence of
to lessors' ownership not questioned by lessee
held not prejudicial.-Hogg v. Frazier, 95.
Om 1058(i) (Ala.) Exclusion of evidence cured
by admission of similar evidence.- Nashville
subsequently admitted without objection not
question to witness who had been examined
Sustaining objection to question covered by
fer & Supply Co., 342.
prejudicial.- Nashville Broom & Supply Co. v.
Cm1068(5) Ala.) Denial of charge preclud.
@ 1040 (13) (Ala.) Overruling demurrer to
sisted on in brief, waived. -Atlanta & St. A.
brief vor relied on considered waived. --Moore
v. First Nat. Bank, 349.
not insisted on in brief.--Dolcito Quarry Co. v.
Cruse-Crawford Mfg. Co., 72.
argued in appellant's brief treated as waived. -
(J) Derisions of Intermediate Courts.
amine record to find basis for reviewing Court
(K) Subsequent Appeals.
dviewed.-Succession of Derigny, 251.