Schmidt v. Benit

17 La. Ann. 74

Opinion

Ilsley, 3.

The appellee moves to dismiss the appeal in this case on several grounds : one of which is that he has not been cited to answer the appeal.

In the petition for an order of appeal there is no prayer for citation on the appellee, and he was not cited. This is good ground for dismissal. 10 Al. 650. 13 La. 50. 5 A. 115.

It is therefore ordered, adjudged and decreed, that the appeal in this case be dismissed, at the costs of the appellant,

Howell, 3., recused.