Citizens' Bank v. Ruty

On Rehearing.

Morgan, J.

As to Frances J. Jones, wife of Henry Ruty, and Charles Lozano, sheriff, the appeal must be dismissed. The petition^of appeal was filed on the thirty-first January, 1874. They prayed that the appeal be returnable on the next return day for trial of appeals from the parish of Iberville. The next return day was' the ninth February, 1874.

“The appellee must be cited to appear before the court of appeal at *748its next term, if there be sufficient time for doing so after allowing the same delay which is granted to defendants in ordinary suits; and if there be no sufficient time…