Herring v. Price

DREW, Judge.

On October 5, 1935, appellee recovered judgment against appellant in the lower court, and on March 14, 1936, appellant, by motion in open court, asked for and was granted a devolutive appeal to this court, which he is now prosecuting.

Appellee has filed a motion here to dismiss the appeal for the following reasons:

“That, although said appeal was asked for some several months after the judgment became final in this cause in the District Court, there was neither petition for nor citation of appeal and that no citation of appeal has ever issued and no other legal notice thereof has…