
    No. 3926.
    Francis C. Mahan, Liquidator, et al. v. Frederick Michel and Wife.
    When an appellee asks for an amendment of tlie judgment, lie will not be allowed damages for a frivolous’appeal.
    APPEAL from the Fifth District Court, parish of Orleans. Beaumont, J.
    
      Braughn, Bucle and Binlcelsjnel, for plaintiff and appellee. Wench <& Hufft, for defendants and appellants.
   Howell, J.

The defendant, Michel, has appealed from a judgment against him for a portion of the claim of plaintiff. The latter has asked for an amendment of the judgment, allowing him the whole amount claimed, and for damages for a frivolous appeal.

An examination of the record satisfies us that the judge a quo did not err.

When an appellee asks for an amendment of the judgment, he will not be allowed damages. 6 R. 450; 8 An. 73.

Judgment affirmed.  