
    
      No. 6467.
    NATIONAL SURETY COMPANY vs. CRESCENT CITY MANUFACTURING COMPANY.
    Syllabus.
    On Motion to Dismiss.
    An answer to an appeal which prays for an amendment of the judgment, waives the motion to dismiss.
    
      Opinion and decree, June 30th, 1915.
    Appeal from the Civil District Court for the Parish of Orleans, Division “A,” No. 108,596. Honorable T.. C. W. Ellis, Judge.
    Grant & Grant, for plaintiff and appellee.
    Denechaud & Eossi, for defendant and .appellant.
   His Honor, JOHN ST. PAUL,

rendered tbe opinion and decree of tbe Court, as follows:

Tbe appellee moves, to dismiss this appeal (suspensive) on tbe ground that it was not taken within tbe delays allowed by law and on tbe further ground that tbe same is frivolous.

Appellee further pra.ys that it be allowed damages for frivolous appeal.

Tbe motion must be denied. “An answer to an appeal which prays for an amendment of tbe judgment, waives tbe motion to dismiss. ’ ’

Taggart vs. Noonan, 8 Ct. of Appeal, 159.

Motion denied.  