
    No. 9282.
    George Powell et al. vs. S. & I. Hernsheim et als.
    Where,, upon «the return of tosbimony taken belowfunder our order and the report of the lower judge thereon, it appours that the judgment appealed from lias been voluntarily executed, the appeal will bo dismissed.
    PPEAL from the Civil District Court for the Parish of Orleans. . RigMor, J.
    
      B. R. Forman for Plaintiffs and Appellants.
    
      T. Gilmore & Sons for Defendants and Appellees.
   The opinion of the Court was delivered by

Manning, J.

The testimony taken below under our order and returned here with the judge’s report shews that the cheque of August ' 16, 1884 was in full of Bessy Lutfc’s share of the Powell estate except a small sum left in the Hernsheim’s hands to cover certain contingencies, stated to he $247.16 in one place and in another $275.10.

The motion to dismiss must therefore prevail.

It is ordered that the appeal is dismissed, and that the defendants S. & I. Hernsheim recover of Charles Bauer tutor of Bessy Lutt the costs of taking testimony under our order and all other costs incident thereto.  