Robinson v. T. D. Neal Mercantile Co.

OPINION OF THE COURT

SIMMS, J.

Appellees move to dismiss this appeal on grounds which they claim are jurisdictional.

First, they say that no notice of appeal was given by appellant, as required by section 2, rule 5, Rules of Appellate Procedure, within five days after taking the appeal. It appears that a certain notice, properly captioned and entitled in the correct cause, was served by mail three days after the appeal was taken, but the body of the notice contained what was evidently a typographical error, in that it stated that a stranger to the record, by name, was taking the appeal. Failure…