Opinion
No. 3475.
November 18, 1929.
Appeal from District Court, Chaves County; Richardson, Judge.
Reid, Hervey Iden, of Albuquerque, for appellant.
O.E. Little, of Roswell, for appellee.
OPINION OF THE COURT
Appellee moves dismissal of this appeal on the sole ground that the five days' notice required
Appeal and Error 3CJ § 1341 p. 1240 n. 62. by App. Proc. Rule V, § 1, was not given. He showed no prejudice, and the notice omitted is not jurisdictional. We have therefore overruled the motion, under App. Proc. Rule XIV, § 3.
It is so ordered.
PARKER and CATRON, JJ., did not participate.