
    No. 983.
    J. B. B. Pecoul, Agent, v. L. C. Perret, Administrator.
    In an injunction suit where judgment for damages is rendered against the plaintiff and his surety, and the plaintiff alone appeals, the appeal will be dismissed, unless the surety is made a party thereto.
    PPEAL from the District Court, Parish of St. Charles, Beauvais, 3.
    
    
      A.&M. Voorhies, for plaintiff and appellant.
    
      A. Lavisson, for defendants and appellees.
   Howell, 3.

This is an action to enjoin and annul a judgment, in which the petition and demand of plaintiff were dismissed, and he and his surety condemned in damages, from which plaintiff alone appealed, without making his surety a party.

It was indispensable to the consideration of the appeal, that the surety on the injunction bond should have been brought before this Court. 3 A. 318. See 12 R. 203; 4 A. 577; 11 A. 409.

It is therefore ordered that this appeal be dismissed, at the costs of appellant.  