
    No. 5369.
    Mrs. Mary Hardy v. John A. Stevenson.
    The judgment in this case having been rendered at a different time from that at which the appeal was applied for, the appeal could be taken only by petition and citation. Therefore the motion to dismiss must prevail.
    APPEAL from the Fourth District Court, parish of Orleans. Lynch, J.
    
      Muse & Philips, Barrote é Pope, for plaintiff and appellant. Breaux, Fenner & Hall, for defendant and appellee.
   Howell, J.

The judgment appealed from was signed on the twenty-fourth May, 1873, and on twenty-third May, 1874, an appeal was taken on motion in open court. Appellee now moves to dismiss the appeal on the ground that it was taken on motion at a different time from that at which it was rendered and no citation has been issued or served.

The motion must prevail, the judgment having been rendered at a different time from, that which the appeal was applied for; the appeal could be taken only hy petition and citation. C. P.

It is therefore ordered that the appeal herein be dismissed at appellant’s costs.  