
    No. 3131.
    Tutorship of the Minor, Mary C. Osborn.
    If the appellee bo cited in bis individual capacity, when be occupies only a representative-capacity in tbe suit, tbe fault is imputable to tbe appellant, and tbe appeal will be dis* missed on motion.
    APPEAL from the Parish Court, parish of Rapides.
    
      Barlow, Parish. Judge. William A. Seay, for appellant.
    
      M. S. Bosee, for appellee.
   Wyly, J.

The motion to dismiss this appeal must prevail, theappellee having been cited in his individual capacity, when the record shows that he occupies a representative capacity only, and the fault being attributable to the appellant, who only asked that he be cited in> his personal capacity in the petition for appeal. 20 An. 35.

It is therefore ordered that the appeal herein be dismissed at the-cost of the appellant.  