
    M'PHILIN’S EXECUTORS vs. GILLISE.
    APPJEAL FROM 'HIE TARISH COURT, FOR THE PARISH AND CITY OF NEW-ORLEANS.
    When there is nothing in the record which would authorise the appellant to hope for any relief against a judgment rendered on his confession, it will be affirmed with ten per cent, damages and costs.
    This is an action on a promissory note executed by the defendant payable to Patrick MThilin, for five hundred dollars. The plaintiffs sue in their capacity of executors of Patrick MThilin, deceased, and allege they have amicably demanded the same, and payment has been refused. They pray judgment.
    The defendant admits his signature to the note, which he avers was given on a settlement of accounts, between him and the deceased, and that since he gave the note, MThilin became indebted to him in the sum of eight hundred and eighteen dollars which he pleads in compensation and reconvention.
    . The account for the reconventional demand is made out against the executors of the deceased, and annexed to the answer.
    On the trial the defendant obtained leave to withdraw his reconventional demand, and submitted the case on^ his acknowledgment that he signed the note. From judgment rendered against him, he appealed.
    • Macready, for the plaintiffs.
    
      Preston, contra.
    
   Bullard, J.,

delivered the opinion of the court.

The present suit was brought on a promissory note duly protested for non-payment. The defendant admitted his signature but denied any amicable demand and alleged that the note was given on settlement of accounts, but that the plaintiff’s testator was indebted to him in a larger amount, which he pleaded in compensation. Before the trial he was permitted to withdraw his plea in compensation, and the case Avas tried on his admission that he signed the note. Judgment was rendered in favor of the plaintiff, but Avithout costs, and the defendant appealed. .

When there is ?°oordS ’which the^ppTiiant'to hope for any relief against a judgment rendered on his confession, it '"I1}be affirmed, withtenpercent. damages and costs'

We see nothing in the record which could authorise the appellant to hope for any relief in this court, against a judgment rendered on his own confession, and we feel bound to grant .the prayer of the appellee and award him damages n * . 7 7 for a frivolous appeal.

It is, therefore, ordered, adjudged- and decreed, that the • 1 /. i t. ■ i /-i f „ , judgment of the Parish Court be affirmed, with ten per cent, damages, and' that the appellee pay the costs of this appeal.  