James v. City of New Orleans

This matter comes before the court on a motion to dismiss the appeal. The grounds for seeking dismissal are as follows:(1) The record does not show that the motion of appeal was granted in open court; (2) the motion does not ask for citation upon plaintiff and appellee, who was not cited.

The record shows that the judgment was rendered on February 21, 1929, signed on February 28, 1929, and that the motion to appeal was filed and the order signed on March 1, 1929. The civil district court was in session on March 1, 1929, and that the motion and order for suspensive appeal were presented to the…