
    No. 7718.
    Susan M. Stinson, Guardian, vs. B. F. O'Neal.
    On a motion by appellee to dismiss, because of appellant’s voluntary execution of the judgment, accompanied by his affidavit of the facts and acts constituting such execution, upon a denial of the same by appellant and counter affidavit, the court will suspend hearing the cause, and will order the lower court to try the question, of acquiescence or execution vel non, and send its finding thereon up.
    Appeal from the District Court for Bassier, Turner, J.
    
      Hargrove for Plaintiff Appellant. Snyder for Defendant.
   De Blanc, J.

The issue raised by the defendant’s motion to dismiss, and the opposition thereto can be tried only by the District Court. 29 An. 576; 23 An. 37.

Ordered accordingly.  