
    106 So.2d 285
    SUPERIOR CONSTRUCTION CO., Inc. v. Thomas B. WHEELER.
    No. 44055.
    Nov. 10, 1958.
    Weiss & Weiss, S. Paul Weiss, Jr.; New Orleans, for defendant-appellant.
    Morphy & Freeman, A. D. Freeman, Jr.; New Orleans, for plaintiff-appellee.
   FOURNET, Chief Justice.

Following the submission of appellee’s motion to dismiss the appeal in the. above entitled and numbered cause, insofar as it suspends the execution of the judgment, the appellant filed a motion to dismiss both his suspensive and devolutive appeal, in which latter motion the appellee concurred:

It is therefore ordered, adjudged and decreed that the appeal in the above entitled and numbered cause be and the same is hereby dismissed at appellant’s cost-.  