
    NELSON vs. CLAYTON.
    APPEAL FROM THE CITY COURT OE NEW-ORLEANS.
    Frivolous appeal and judgment affirmed, with the maximum of damages.
    This is an action on two promissory notes, against the maker. A general denial was pleaded, but no defence made at the trial. The plaintiff had judgment, and the defendants appealed.
    
      Kennicott, for the plaintiff.
    
      Durant, contra.
   Simon, J.,

delivered the opinion of the court.

This is a suit on two promissory notes. The defence is a general denial. Plaintiff proved his demand, and had judgment. This is, clearly, a frivolous appeal.

It is, therefore, ordered, adjudged and decreed, that the judgment appealed from be affirmed, with costs in both courts, and with the maximum of damages, as for a frivolous appeal.

Eastern Dist.

May, 1840.  