Willingham v. Harrell

A. J. "WALKER, C. J.

The appeal in this case was taken on the 28th day of December, 1858, six days before the commencement of the January term, 1859, and was made returnable to the June term, 1859. A motion is made to dismiss it, upon the ground that an appeal must be taken to the next ensuing term, notwithstanding there may be an inteveniug.period of less than ten days.

Section 3018 of the Code makes it the duty of the register, clerk of the circuit court, or judge of probate, upon the taking of an appeal, to issue a citation, returnable to the next term of the supreme court. Section 3022…