Ludeling v. Frellsen

The judgment of the court was pronounced by

Slidex.l, J.

The defendant has moved to dismiss the appeal on various grounds, which we proceed to notice :

1. That the appellee has not been cited. No citation appeal’s to have been made. The appellee contends that the omission to do so is attributable to the fault of the appellants,* because in their petition of appeal they did not expressly pray that the appellee be cited. Under articles 573 and 581 C. P. we do not think such prayer was indispensable in a case like this, where there was but one antagonist party to be brought before the appellate…