Boswell v. Linder

In this cause appellee ■appears specially for the sole purpose of making a motion to dismiss this appeal, on the ground of a noneompliance with the statute, which requires that a citation of appeal must not only issue, but must he served upon appellee or his attorney at least 10 days before the day to which the appeal is return-able.

Section 2881 of the Code of 1907 provides:

“Upon an appeal being taken, the * * * clerk of the circuit * * court, * .* * must issue a citation to the adverse party, returnable to tbe day to which the appeal is returnable, notifying -him of the appeal, which must be…