
    No. 6642.
    F. P. Martinez vs. L. Leiber et al.
    Whore the sum sued lor is above the appealable sum, and there is alleged to be proof of partial payment after suit brought, which would reduce It below that sum, a motion to dismiss will not be sustained, for non constat but the fact of partial payment will be disputed and disproved on the merits.
    Appeal from the Fourth District Court of New Orleans. Houston, J.,
    
      
      Cotton & Levy for Plaintiff. Louque for Defendants Appellants.
   Egan, J.,

delivered the opinion denying the motion.  