Officer v. American Ins. Co.

O’NIELL, Chief Justice.

The defendant, appellee, has moved to dismiss this appeal because the appellee was not served with a citation to appear in the appellate court. The appeal was taken by motion in open court, but during a term subsequent to the term in which the judgment was rendered and signed. A citation to answer the appeal was not asked for by the ap'pellant, or issued by the clerk of court.

The only instance in which a citation is not essential to the validity of an appeal is when the appeal is taken by motion in open court during the same term in which the judgment is rendered. Code…