Spiller v. Spiller

On Motion to Dismiss.

OVERTON, J.

Appellee has moved to dismiss the appeal herein on three grounds. The first two grounds are closely related,, and we shall therefore consider them together.

The first ground urged is that no valid citation of appeal was issued and served upon appellee, and the second ground is that no valid order of appeal was granted, in that the order fixed January 4, 1929, as the return day for the appeal — a day that had passed.

The judgment from which the appeal was taken was signed on November 19, 1929; the motion for a new trial was refused on December 2,1929, and the…