4. Requisites and proceedings
transfer of cause.

for

A bond for $4,000, though not good for a
suspensive appeal, where the recovery was for
$2,500, held good for a devolutive appeal, the
bond for which was fixed for $100.-Cahn v.
Baccich & De Montluzin, 4.

Where plaintiff is granted separate appeals
from separate decrees, but files bond only un-
der one order, the other appeal will be dismissed.
-American Trust Co. v. Crescent Ice Co., 139.

Where the failure of an appellee to receive
citation is attributable to the appellant's fault,
the appeal will be dismissed.-Marable v. Bar-
han, 254.

Where appellee filed an answer asking for af-
firmance of the judgment, the court will not con-
sider defects in the appeal bond.-First Nat.
Bank of Jennings v. Garlick, 282.

Where the record does not show the alleged
grounds for dismissal, the competency of the
surety on the appeal bond must be determined
by the court appealed from.-Zavaglia v. Notar-
bartolo, 722.

A judgment in a civil action will not be set
aside for an erroneous ruling on evidence, where
the excluded evidence could not possibly change
the result.-Succession of McDermott, 295.

A judgment will be affirmed when not con-
trary to the preponderance of the evidence.-
Landry v. Duplantis, 839.

That judgment against nonappealing party,
held not to prevent reversal as against a party
ordered paid out of a fund, had become final,
entitled to such fund.-State v. C. S. Jackson
& Co., 931.

That a case was reassigned for the next day,
to require a reversal, even if in disregard of the
instead of for a date two weeks hence, held not
court's rules, where defendant was not harmed
thereby.-Wheeler v. Britton, 975.

§ 8. Determination and disposition of

cause.

In concursus to require contractor's surety,
laborers, materialmen, and subcontractors to
litigate their rights in a fund, judgment as
against the contractor in favor of the laborers,
etc., held to be affirmed, though otherwise re-
versed.-State v. C. S. Jackson & Co., 931.

APPOINTMENT.

Of officers in general, see Officers, § 1.

ARGUMENT OF COUNSEL.

AUTOMOBILES.

ARREST.

See Bail.

ARREST OF JUDGMENT.

BAIL.

§ 1. In criminal prosecutions.

The trial judge should accept bail from a de-
fendant convicted of a misdemeanor in an unap-
pealable case who has given notice of his in-
tention to apply for a review, unless he believes

ASSESSMENT.

Of expenses of public improvements, see High-
ways, § 2; Municipal Corporations, § 5.
Of tax, see Taxation, § 2.

ASSETS.

Of estate of decedent, see Succession, § 3.

ASSIGNMENTS.

Of insurance, see Insurance, § 2.
Of mortgage, see Mortgages, § 2.

ASSOCIATIONS.

See Building and Loan Associations.

ASSUMPSIT, ACTION OF.

See Work and Labor.

ATTACHMENT.

See Sequestration.

Exemptions, see Homestead.

-State v. Hollingsworth, 144; In re Hollings-
worth, Id.

Under Const. art. 12, a defendant, convicted
of a misdemeanor in an unappealable case, is
entitled to release on bail pending his applica-
tion for a review of such conviction.-Id.

BAILMENT.

See Carriers, § 2; Depositaries; Pledges.

BANKRUPTCY.

Conflicting jurisdiction, see Courts, § 3.

§ 1. Petition,

adjudication, warrant,
and custody of property.
Where the rights of the parties, urging claims
that conflict with one another on the same prop-
erty or fund, would be the same whether pre-
sented in the state court or in the bankruptcy
court, the court which first had jurisdiction
of the property or fund may retain it all for the
purpose of a decision.-Pietri v. Wells, 1087;
In re McLoughlin, Id.

Where a lien, in aid of which the process of
a state court issued and was executed, arose
from the nature of the claim and not from the
process of the state court, and was not affected
by the bankruptcy statute, the bankruptcy court
had no right, under Bankr. Act 1898, § 67d, to
take the property out of possession of the state
court, which had jurisdiction of it before the