Funke v. McVay

Plaintiff has moved to dismiss this appeal:

1. Because the district judge having granted a suspensive appeal on the sixteenth of November, 1868, was without authority to grant this devolutive appeal on the ninth day of December, thereafter.

2. Because the order for devolutive appeal does not state when and where the appeal is returnable.

Both orders for appeal were granted in open court within a few days after the judgment was rendered. The order for suspensive appeal was not acted upon by the defendant, no bond having been given in conformity therewith.

The mere existence of this order did not,…