Probst v. Di Giovanni

PONDER, Justice.

Counsel for the appellees has moved to dismiss the appeal in this case on the ground that the citation of appeal was not timely served upon the appellees and the further ground that the suspensive appeal was not timely perfected.

In this case the judgment of the lower court was rendered and signed on June 30, 1954. The plaintiff-appellant petitioned the lower court for a suspensive and devolutive appeal on July 14, 1954, asking for citation of the defendants. Citation was not served on the defendants until August 2, 1954. The return day of the appeal was fixed for August 3,…