Vallon v. Morris Cleaners &. Dyers, Inc.

McCALEB, Judge.

Judgment in the First city court in favor of defendant-appellee was rendered and signed on January 22, 1936. On January 31 plaintiff moved and obtained an order for a devolutive appeal returnable to this court on February 10, 1936. The record was lodged in this court on its return day. On February 11, 1936, the appellee appeared and moved to dismiss the appeal upon the ground that it had never been cited to appear and answer the appeal; that no citation of appeal has ever been served upon it or its counsel of record; that the appellant did not pray for such citation in his…