
    BRUMFIELD vs. MORTEE.
    Eastern Dist.
    January, 1840.
    APPEAL FROM THE COURT OF THE EIGHTH JUDICIAL DISTRICT, FOR THE PARISH OF ST. TAMMANY, THE JUDGE THEREOF PRESIDING*
    Wheh the dilatory proceedings in the court below, coupled with the absence of any defence, as set up, show the appeal is resorted to for delay, the judgment will be affirmed, with ten per cent, damages.
    In this case the plaintiff obtained a verdict and judgment for the amount of his demand, with five per cent, interest thereon, and the defendant appealed.
    The counsel for the appellee brought up the record, after the return day had expired, and prayed for the affirmance of the judgment, with damages, as for a frivolous appeal.
    
      Hennen, for the appellee.
   Morphy, J.,

delivered the opinion of the court.

In this suit, which is on a note of hand, the defendant propounded interrogatories to plaintiff to obtain the confession that he was not the owner of the note, but held it, and put it in suit for the payee, against whom he averred that he had good and equitable grounds of defence. The plaintiff having failed to answer, the defendant was let into the proof of the facts set up in defence, but be offered no evidence whatever to sustain them. Verdict was given for plaintiff, and defendant, after the ordinary motion for a new trial, appealed, but neglected to bring up the record.

The dilatory proceedings resorted to in the court below, and the absence of any testimony whatever, show, that no serious defence could be intended, and that this appeal is frivolous. The plaintiff must, therefore, have the damages he prays for.

It is ordered, adjudged and decreed, that the judgment of the District Court be affirmed, with costs, and ten per cent, damages.  