
    (41 South. 431.)
    Nos. 16,030, 16,154.
    In re JONES.
    (June 4, 1906.
    Rehearing Denied June 26, 1906.)
    Appeal — Death op Appellant — Dismissal-Costs.
    Where, pending an appeal from a judgment of interdiction, the appellant interdict dies, the suit abat.es, and the appeal must be dismissed. In such a case no judgment can be rendered, and each party must pay his own costs.
    [Ed. Note. — For cases in point, see vol. 2, Cent. Dig. Appeal and Error, §§ 1846, 1847.]
    (Syllabus by the Court.)
    Appeal from Civil District Court, Parish of Orleans; Fred Durieve King, Judge.
    In the matter of the interdiction of H. R. Jones. From a judgment of interdiction, she appeals.
    Dismissed.
    See 41 South. 89, 116 La. 776.
    Johnston Armstrong, William WinansWall, and Charles Sehneidan, for appellant. Carroll & Carroll, Meyer Solomon Dreifus, and Richardson & Soulé, for appellees.
   LAND, J.

Mrs. H. R. Jones was interdicted by judgment of the district court, from which she took a suspensive appeal to the Supreme Court. An appeal was also taken by her from the judgment homologating the account of the curator pro tern.

The death of the appellant pending the argument of the case in this court has been suggested, and a motion filed to dismiss the appeal. The motion must prevail. See In re Lambert, 115 La. 469, 39 South. 447.

The suit having abated, no judgment can be rendered therein, and each party' must pay his own costs.

It is therefore ordered that the appeals herein taken be dismissed.  