
    No. 8605.
    J. O. Halphen vs. Zuberbier & Behan.
    The appeal taken by a defendant cast in a suit apparently appeal-able, will not be dismissed for want of jurisdiction by the appellate court. . . .
    Equity demands that he should not suffer from the inference which he was authorized to draw, in that regard, from the nature of the cause of action and prayer.
    A consignor is entitled to recover from his consignee the proceeds of shipments made to him, and which were passed, without his authority, to the credit of a third person.
    Damages will not be allowed such consignor for non-payment of his drafts, where no evidence is adduced in support of such claim.
    APPEAL from the Civil District Court, for the Parish of Orleans. Pissot, J.
    
      M. Voorhves for Plaintiff and Appellee.
    
      A. JB. Philips for Defendants and Appellants.
   The opinion of the Court was delivered by

Bermudez, C. J.  