
    (71 South. 735)
    No. 21871.
    MONIOTTE v. BOUANCHAUD, Sheriff, et al.
    (April 24, 1916.)
    
      (Syllabus by Editorial Staff.)
    
    Appeal and Error <&wkey;781(2) — Review—Moot Case.
    Where through failure to perfect plaintiff’s right to appeal from a judgment dismissing the injunction had been lost, an appeal from an order, adjudging the surety on the bond given in perfecting the appeal from dismissal of the injunction, will be dismissed, the matter being moot.
    [Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. § 3122; Dec. Dig. &wkey;>781(2).]
    Appeal from Twenty-First Judicial District Court, Parish' of Pointe Coupee; Joseph E. Le Blanc, Jr., Judge.
    Suit by J. Franklin Moniotte against Lamartine Bouanchaud, Sheriff, and others. From a judgment dissolving an injunction, plaintiff appealed, and thereafter judgment was rendered on a rule declaring the surety on the bond given in the original appeal to be insufficient, and plaintiff appeals.
    Appeal dismissed.
    Claiborne, Claiborne & Claiborne, of New Roads, for appellant. William C. Carruth and Bouanchaud & Kearney, all of New Roads, for appellees Bennett.
   PROVOSTY, J.

An appeal having been taken from a judgment dissolving an injunction, and it having been perfected by the giving of bond, a rule was taken in the trial court to show cause why the surety on the appeal bond should not be declared to be insufficient. Judgment was rendered on this rule declaring the surety to be insufficient, and the matter now to be considered is an appeal from the latter judgment.

Appellee calls attention to the fact that the transcript of the first, or main, appeal has never been filed in this court, and that the time for doing so has long ago expired, so that the appeal has lapsed, and that, this being so, the present appeal, which’ is but in aid of the other, presents but a moot ease, and should therefore be dismissed.

Appeal dismissed.  