Supreme Court of Louisiana October 15, 1844 (Smith v. Miller)

Simon, J.

In this case the deféndant and appellant made a motion to be permitted to withdraw his appeal, but as, under art.. 901 of the Code of Practice, we cannot in any case allow him to do so, without the consent of the appellee, we have been constrained to examine the cause upon its merits.

This suit was brought upon a note of hand, secured by special mortgage upon certain property.