Evans v. First Nat. Life Ins. Co.

This matter comes before us on rehearing. In our original judgment we dismissed the appeal on the ground that the return day of the appeal was fixed by the trial judge and the transcript was lodged here in excess of the time allowed by law. The appellee moved to dismiss the appeal upon two grounds:

First, that the appellant petitioned the court for an appeal, but did not have a citation of appeal served upon the appellee, or his counsel.

Second, that the judge of the lower court, in the order granting the appeal, fixed the return day of the appeal beyond the time allowed by the provisions…