
    Dominique Verges v. T. G. Noel, et al.
    Where the counsel of the appellee does not file an answer to the appeal, he can be allowed no damages as for a frivolous appeal. His brief is not considered an answer.
    from the Second District Court of the Parish of Jefferson,
    
      Bwihe, J. 0. Dufour for plaintiff. John B. Smith for defendant and appellant.
   Howell, J.

Appellant was sued as endorser of a note, on which judgment, confirming a default, was rendered against him, upon evidence in the record, consisting of the note, protest and notices of protest.

He has assigned no error nor furnished a brief.

Plaintiff, in his brief, asks for the affirmance of the judgment, with damages for a frivolous appeal.

Having filed no answer to the appeal, as required by Art. 890 C. P., no damages can be awarded. Counsel’s brief is not considered an answer, 4 A. 150; 5 A. 146; 8 A. 73.

Judgment affirmed, with costs.  