Wheeler v. Peterkin

The opinion of the Court was delivered by

Poché, J.

The motion to dismiss this appeal must prevail.

The judgment appealed from was rendered on the 26th of May, 1885, and the order of appeal was granted on motion of appellants’ counsel in open court on the 18th of January, 1886, and at a different term of the court than that at which the judgment was rendered.

• No citation was asked by appellants and none was served on appellees. Under the circumstances a citation of appeal was as imperatively necessary to perfect the appeal as an ordinary citation is indispensable to support an ordinary action,…