Home Finance Service v. Walmsley

Plaintiff, in the First city court of New Orleans, sued defendant on a promissory note claiming a balance of more than $100 and from a judgment dismissing the suit has appealed to this court.

Appellee moves to dismiss the appeal on the ground “that no notice of appeal has ever been served on either the defendant or Attorney for defendant, notwithstanding the presence of defendant in the City of New Orleans.”

The amount involved is more than $100, and therefore, since the appeal was taken by motion in open court and at the same term of court at which the judgment was rendered, no citation of…