Succession of Williams

On Rehearing. On Motion to Dismiss Appeal.

By the WHOLE COURT.

LECHE, J.

The appellee in the above matter has filed a motion to dismiss this appeal on two grounds: (1) That appellant has failed to apply in the trial court, either for a rehearing or for a new trial, and therefore has not exhausted his remedies before appealing; and (2) “that no citation of appeal was issued or served herein.”

1. The first ground presents no reason for the dismissal of the appeal. The case does not come into this court by virtue of a writ of error or a writ of review. There is no rule in law or jurisprudence in…