MAREK v. McHARDY

No. 42937.

91 So.2d 773 (1956)

231 La. 505

Dr. Frank H. MAREK v. Dr. G. Gordon McHARDY et al.

Supreme Court of Louisiana.

December 10, 1956.


Attorney(s) appearing for the Case

Carmouche & Martin, Lake Charles, for plaintiff-appellant.

Dufour, St. Paul, Levy & Marx, New Orleans, for appellees.


PONDER, Justice.

The appellees have moved to dismiss the appeal in this case alleging that no citation of appeal was served on them due to the fault of the appellant.

Upon examination of the record, we find that the appeal was not taken in open court and that the petition for appeal asks that the defendant (appellees) be duly cited to appear and answer the appeal. The citation of appeal was never served on the appellees.

The order of appeal was granted...

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