
    The City Bank of New Orleans v. Johnson.
    Where prescription is pleaded in the Supreme Court, the parly against whom il is sal up may require the case to be remanded, for a trial on tho issue thus made.
    APPEAL from tho District Court of Natchitoches, Campbell, J.
    
   The judgment of tho court was pronounced by

Eustis, C. J.

Tho defendant and appellant, drawer of a promissory note, has pleaded in this court the proscription of five years, on an appeal taken from a judgment against him. J3y articlo 3427 of the Civil Codo, prescription may be pleaded on the appeal.

The appellant made an application to filo his pica, on a motion for a new trial in the court below. The appolleo has requested that, in tho event of the plea being received, the case be remanded for a new trial. This he has a right to require.

Sherburne and J. B. Smith, for the plaintiffs. P. A, Morsa and Roysdon, for the appellant.

The judgment is therefore reversed, and the case remanded for a new trial; the appellee paying the costs of this appeal.  