Boyd v. Labranche

On Motion to Dismiss.

The opinion of the Court was delivered by

Manning, J.

The motion is for dismissal because the defendants have never been cited.

The appeal was taken by motion in open court., made and granted the day after the judgment was rendered, and therefore citation was' not necessary.

We might stop here, since that is the sole ground stated in the motion, hut that the meaning was stated at bar to be that a suspensive appeal- bond must be perfected and presented during the same term the motion for that kind of appeal is made.

This is a novel proposition. The Code of Practice gives no…