ELLIS, Judge.
This is an action by plaintiff against the defendant, wherein judgment was rendered in the lower court in favor of the defendant. The plaintiff has devolutively appealed and the defendant has filed a motion to dismiss this appeal.
The judgment upon which the appeal is based was rendered on March 16, 1953 and signed on March 20, 1953. On November 16, 1953 the plaintiff-appellant in open court filed a written motion for a devolutive appeal, procured...
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