Gardiner v. Erskine

On Motion to Dismiss Appeal.

ROGERS, J.. This is an appeal by plaintiff from a judgment sustaining a plea to the jurisdiction of ■the court .ratione personae filed by two of the defendants.. Appellees move to dismiss the appeal alleging that it was not applied for and granted in their presence in open court? that the motion for the appeal does not ask for citation of the appellees, nor were they cited; and that the failure of the appellant to ask that appellees be cited, and to have them served with citations, is fatal to their appeal. -

The allégations of the motion to dismiss aré not borne…