
    No. 1547.
    Francis M. Fisk v. J. M. Moss.
    Whore the appeal is taken in open court, citation of appeal to the appellee is unnecessary. C. P. 573.
    A motion to dismiss the appeal for want of a proper bond will not be noticed by the Supreme Court, if not made within three judicial days from the filing of the record. 12 An. 350.
    from the Fourth District Court of New Orleans. Théard, J.
    
      T. A. Baiilelte, for plaintiff and appellant. A. Ganonge, for
    defendant and appellee.
   Ludeling, C. J.

The appellee has moved to dismiss this appeal on two grounds :

First — Because there is no citation.

Second — Because there is no bond.

The appeal was taken in open court, at the- same term at which the judgment was rendered. This dispensed with citation Art. 573 C. P.

The objection to the bond cannot be noticed, as the motion to dismiss was not made within three judicial days'after the record was filed. 2 An. 138; 3 An. 326 ; 11 An. 613; 12 An. 350.

On the day fixed for the trial of the cause the plaintiff failed to ap pear, after having been called according to law, and the District Judge dismissed the suit, on motion of the defendant. IVe perceive no error in the judgment.

It is therefore ordered, adjudged and decreed that the judgment of the District Court he affirmed, and that appellant pay costs of appeal.

Rehearing refused.  