
    Mahoney & Stutz v. Smith, Bullins & Co.
    APPEAL from the Third District Court of New Orleans,
    
      FeUowes, J. W H. Hunt, for plaintiff. F. W. Huhtington, curator ad hoc. Geo. L. Bright, for garnishees.
   Labauve, J.

The plaintiff instituted this suit on the 24th December, 1864, claiming of the defendants, who are non-residents, the sum of $1,760, with interest, and garnisheeing, at the same time, Baur, Garner & Harrison.

This case presents, in all respects, the same pleadings, services, issues, defences and questions as in the suit of C. & T. Schindler against the same defendants and garnishees, No. 745, in this Court, and just decided: both cases were tried together here, and for the same reasons'given in the decision of said case, we must render the following decree :

It is therefore ordered and decreed, that thq judgment appealed from be so modified as not to make the said garnishees liable for more than they have in hand, say $2,869 76, to be proportionably distributed between said two concurrent attaching creditors; and that, as amended, the said judgment be affirmed, the appellees to pay the costs of appeal.  