Legal Opinion

Vinet v. Bres

Supreme Court of Louisiana

Decided March 23, 1896No. 11,954PublishedCited by 19 opinions

APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. On Motion to Dismiss. Plaintiff alleged that Alexander W. Weems was the owner of a certain body of land in St. Tammany parish; that on the 28th of'August, 1890, he sold the same to William L. Wooten for six thousand dollars, the price evidenced by ten notes of the purchaser to his own order, and by him endorsed in blank, each for six hundred dollars, maturing at different dates, which notes were…

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APPEAL from the Civil District Court for the Parish of Orleans. Monroe, J. On Motion to Dismiss. Plaintiff alleged that Alexander W. Weems was the owner of a certain body of land in St. Tammany parish; that on the 28th of'August, 1890, he sold the same to William L. Wooten for six thousand dollars, the price evidenced by ten notes of the purchaser to his own order, and by him endorsed in blank, each for six hundred dollars, maturing at different dates, which notes were secured by special mortgage and vendor’s privilege on the property sold. That on the 12th of January, 1893, Wooten sold the…

1Opinion of the Court

The opinion of the court was delivered by

Nicholls, C. J.

Defendants prayed that plaintiff’s demand be rejected, and that they be dismissed. They asked no affirmative relief; their prayer was purely defensive. There was no reconventional demand.

Only one judgment was rendered in the case.

It has been sometimes stated that the jurisdiction governing'a plaintiff’s demand is to be tested by that demand, and not by the defendant’s position before the court. Buisson vs. Staats, 9 An. 236; Gustine vs. N. O. Oil Co., 13 An. 510; Flood vs. Shamburgb, 3 N. S. 626; Succession of Hoover vs. York, 30 An. 754.

2Cited by19 opinions

  1. Succession of KillingsworthSupreme Court of Louisiana · 1974
  2. Muntz v. Algiers & G. Ry. Co.Supreme Court of Louisiana · 1905
  3. Moriarty v. WeissSupreme Court of Louisiana · 1939
  4. Mallet v. ThibaultSupreme Court of Louisiana · 1947
  5. Flanagan v. Land Development Co. of Louisiana, Ltd.Supreme Court of Louisiana · 1919

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