
    RODNEY ET AL. vs. DIXON.
    APPEAL FROM THE PARISH COURT, FOR THE PARISH AND CITY OF NEW-ORLEANS.
    The Code of Practice, article 583, requires the appeal to be made returnable to the next term of the Supreme Court, after it is taken.
    So, an appeal granted the 30th March, and citation served the next day, which was made returnable to the first Monday in -May, was dismissed. It should have been taken to the next or April term.
    
      The Code of Practice, article 583, requires the appeal to be made returnable to the next term of the Suprme Court, after it is taken.
    So, an appeal granted the 30th March, and citation served the next day, which was „ made returnable to the %first Monday in May, was dismissed. It should have been taken to the next or April term.
    The facts and dates, in obtaining and taking up this appeal, are fully and correctly stated in the opinion of the court.
    
      Benjamin, for the appellees,
    moved to dismiss the appeal in this case, on the ground, that it was not made returnable to the proper term of the Supreme Court. Code of Practice, 583. Petit et al. vs. Drane, ante 218.
    
      Jackson, contra.
    
   Marlin, J.,

delivered the opinion of the court.

The plaintiff and appellee has prayed the dismissal of the appeal in this case, on the ground of its having been made returnable on the first Monday of May, although granted the 30th of March, preceding. The citation of appeal was actually served on the next day, which was the 31st day of March.

This case cannot be distinguished from that of Petit et al. vs. Drane, ante 218, lately decided by this court.

The Code of Practice, article 5S3, requires the appeal to be made returnable to the next term of the Supreme Court. The present appeal, ought, therefore, to have been made returnable to the next or April term.

It is, therefore, ordered, adjudged and decreed, that the appeal be dismissed, with costs. .  