
    Juan Y. de Egana v. Alden A. M. Jackson.
    Where a party bonded property which had been provisionally seized for rent, he is responsible on his bond only for the amount claimed in the suit at the time the bond was given, although subsequently the plaintiff filed a supplemental petition claiming a larger amount.
    
      APPEAL from the Fourth District Court of New Orleans, Strawbridge, J. The plaintiff took out a provisional seizure for $195 for rent, due by the defendant, and seized a quantity of gunny bags, in the hands of J. W. Zacharie 4‘ Co., which had been previously removed from the store rented to the defendant. Zacharie Sf Co. bonded the property seized, giving a bond for $750. Subsequently to the execution of this bond, the plaintiff filed a supplemental petition, claiming $695, upon the ground that the defendant had abandoned the premises. The judge of the court of the first instance decided, upon suit being brought against Zacharie 8f Co. on the bond, that they were liable only for the sum claimed at the time the bond was given, to wit, $195.
    
      Halsey, for plaintiff. H. H. Strawbridge, for defendant.
   The judgment of the court was pronounced by

Slidell, J.

We concur with the district judge in the opinion, that the only amount for which Zacharie Sf Co. were liable, under their bond, was the amount for which the seizure issued, and that this amount was subsequently paid. We do not consider the evidence as proving a fraudulent combination to defeat the landlord, so as to bring the case within the ruling in Dennistoun v. Malard, 2 Ann. 16.

The judgment of the district court is therefore affirmed, with costs.  