Ducre v. Milner

In our original opinion herein 140 So. 158, the issues decided below were passed upon by this court.

Defendant and appellee filed a motion here to dismiss the appeal for want of jurisdiction ratione materiaa because of the absence in plaintiff’s petition of jurisdictional aver-ments of proof of the value, of the land to which plaintiff asserted his ownership. As neither plaintiff nor defendant referred • in their briefs to that motion and confined their contentions to the questions decided below, we inadvertently failed to pass on the motion and proceeded to dispose of the case.

Counsel for…