Albany Farm Bureau Strawberry Growers Cooperative Ass'n v. Farris

The plaintiff and appellee moves to dismiss the appeal herein on .the ground that it was taken by motion in open court at a term of court different from that on which the judgment was rendered, and that it has not been cited to appear and answer the appeal.

The minutes of the court show that the appeal was taken at a session of 'the court on April 13, 1929. The judgment • shows that it was read and signed in open court on March 8, 1929. Therefore the appeal could be taken, as was done, under the Code of Practice, art. 573, because it was done at the same term at which the judgment had been…