Succession of Payne

Appellee moves to dismiss this appeal on several grounds, which we will consider in the order in which they are presented.

First — That there is no testimony in the record showing that the plaintiff was authorized to institute and prosecute this suit.

The husband joins the wife in the petition; this is sufficient authorization.

Second — That the appeal granted from the main action was a devolutive appeal, while the motion was for a suspensive appeal.

The fact is as stated ; but if the appellant submits to this modification of his demand, the appellee, not being injured by it, can not ■complain.

Thi…