Verges v. Noel

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.