
    The City Bank of New Orleans v. Amos Kent.
    Where an appellant fails to comply with the condition on which an appeal was allowed, by not giving bond within the time during which an appeal may be taken, the judgment will become res judicata.
    
    Appeal from the District Court of East Baton Rouge, Johnson, J.
    
      Avery, for the plaintiffs,
    moved to dismiss this appeal, on the ground that no bond was executed, or citation of appeal issued, within twelve months from the date of the judgment allowing ah order of seizure and 'sale against the defendant, citing Sibley v. Roman Catholic Congregation of Natchitoches, 3 Rob. 77.
    
      Elam, for the appellant.
   Bullard, J.

The appellee moves to dismiss this appeal, on the ground that no bond was given and no citation issued until more than a year after the rendition of the judgment, although the appeal was allowed within the year. '

The question is not an open one. In the cases of Marigny v. Stanley et al., and Marigny v. Ingraham, this court held, that if the appellant do not comply with the condition on which the appeal was granted, by giving bond to prosecute the appeal, and suffer a year to elapse, the judgment becomes res judicata, and he cannot be relieved either in the District or Supreme Court. 2 La. 322, 324. 3 Robinson, 77.

Appeal dismissed.  