Francois v. Washington Nat. Ins. Co.

Our attention is called to the fact that' defendant neither appealed from the judgment rendered below nor answered the appeal taken by plaintiff. Our decree, therefore, should not have amended the judgment appealed from in defendant’s favor, for whereas under C. P. art. 888, an appellee who has cause to complain against any part of a judgment may “⅜ * * without appeal on his part, state in his answer the points on which he thinks he has sustained wrong, ⅜ ⅜ *» ke cannot he heard to complain unless he has answered or has hipiself appealed, because, as is provided in C. P. art. 889, “if the…