Marek v. McHardy

PONDER, Justice.

The appellees have moved to dismiss the appeal in this case alleging that no citation of appeal was served on them due to the fault of the appellant.

Upon examination of the record, we find that the appeal was not taken in open court and that the petition for appeal asks that the defendant (appellees) be duly cited to appear and answer the appeal. The citation of appeal was never served on the appellees.

The order of appeal was granted on February 20, 1956, returnable to this Court on April 16, 1956, conditioned upon the furnishing of a bond in the amount of $150. The appellant…