Vezich v. MacAlusa

McCALEB, Judge.

This matter came on to be heard at the same time as Lawrence Vallon v. Morris Cleaners & Dyers, Inc. (La.App.) 167 So. 887, decided this day, and the cases were consolidated for argument. The facts with reference to the failure to serve the appel-lee with citation of appeal are identical with those in the Vallon Case, except it is claimed in this case that the appellee has waived his right to move to dismiss the appeal because he voluntarily appeared in this court.

The transcript was filed here on January 4, 1936, and the case was set for trial on March 3, 1936. On the day of…