Haydel v. Major

Appellee has moved to dismiss this appeal on the ground that it was applied for by motion in the District Court at a term subsequent to that at which the judgment was rendered and that citation of appeal was neither prayed for, issued nor served.

The record shows that judgment dismissing appellant's suit was rendered in the Civil District Court on January 27, 1943, and that it was signed on February 2, 1943. On January 7, 1944, at the term of court subsequent to that at which the judgment was rendered and signed, appellant filed a motion in open court for a devolutive appeal and was granted an…