
    No. 660.
    Valery M. Guilbeau, Administrator, v. Zephyrin Cormier and Alexander Roy.
    A third party on appealing from a final judgment on the ground of his liability to contribute, must cite the plaintiff and defendant as appellees, otherwise the appeal will be dismissed for want of proper parties.
    The fact that the name of the defendant is inserted in the appeal bond will not supply the defect.
    Tho omission to ash for citation of the defendant in the petition for appeal, is imputable to the appellant.
    from the District Court, parish of St. Mary. Gates, J.
    
      Felix YoorMes for plaintiff and appellee. Gary & Fournet for defendants and appellants.
   Howe, J.

This suit was instituted upon a promissory note executed in solido by Cormier & Boy. The latter' alone was cited, and judgment was taken against him by default and made final. Cormier, as a third party liable to contribution, appealed.

The plaintiff, appellee, has moved to dismiss the appeal on the ground, among others, that the defendant Boy, against whom the judg-ement was rendered, has not been made a party. The appeal was taken by petition, which docs not ask for the citation of Boy, nor was he cited. The fact that his name was inserted in the bond does not supply the defect; and the fact that the petition did not request that Boy be cited causes the defect to be attributable to the appellant. The motion must prevail. Gibson v. Selby, 3 Ann. 318; Lobelle v. Lobelle, 5 Ann. 174 ; Cotton v. Sterling, 19 Ann. 137; Saux v. Lefevre, 12 Ann. 757.

It is therefore ordered that the appeal herein be dismissed with costs.  