
    No. 593.
    James W. Howard v. C. Yale, Jr., & Co. Wimbush & Howell, Intervenors.
    Before the bond of tlie defendant and appellant was filed the plaintiff died. Subsequent to plaintiff’s death the required bond was filed.
    The motion of plaintiff’s representative to dismiss the appeal upon the ground that he is not properly before the court, can not prevail. Plaintiffs death did not interfere with defendant's rights. As soon as the bond was filed, the jurisdiction of this court attached. If the plaintiff has died since the appeal was granted, the proper parties will have to be made here.
    APPEAL from the Tenth Judicial District Court, parish of Caddo. Galliham, judge ad hoe, in lieu of district judge, recused.
    
      Land <& Taylor, for plaintiffs and appellees. O. W. Pegues, for defendants and appellants.
   Morgan, J.

Judgment was rendered against the defendants. Prom this judgment they moved, in open court, for an appeal, which was granted upon their furnishing bond as required by law.

Before the bond was filed, the plaintiff died. Subsequent to plaintiff’s death the required bond was filed.

Plaintiff’s representative no»w moves to dismiss the appeal upon the ground that he is not properly before the court.

We think he is. Defendants complied with the order of court by furnishing the bond required of them. They could not prevent the plaintiff from dying, nor did his death interfere with defendants’ rights. As soon as the bond was filed the jurisdiction of this court attached. If the plaintiff has died since the appeal was granted the proper parties will have to be made here.

The motion to dismiss is denied, and the case is continued to make parties.  