St. Avid v. Pichot

The judgment ' of the court was pronounced by

Slideli., J.

Judgment was rendered by the late District Court of the First District against the defendant, and signed in March, 1845. In March, 1846, an order of appeal was granted, on motion in open court. No citation of appeal was issued. After the transcript was filed, the appellee moved a dismissal.

It is contended by the appellee that the order of appeal was illegal, because it was not made upon a petition in the ordinary form, but on motion; that this was irregular, because the motion was not made at the same term in which the judgment was…