Codifer v. Shell Petroleum Corporation

JANVIER, Judge.

Appellee moves the dismissal of this appeal on the ground that citation of appeal was served less than fifteen days prior to the return day fixed in the order granting the appeal.

Article 583 of the Code of Practice requires that, where citation of appeal is necessary, service thereof must be made at least fifteen days prior to the return day.

The order of appeal was granted on February 8, 1933, and in.it the return day was fixed as March 6, 1933. The appeal was taken at a term of court other than that at which the judgment appealed from was rendered. It was therefore necessary…