Flash, Lewis & Co. v. L. Schwabacker & Co.
Supreme Court of Louisiana
j^PPEAL from the Sixth District Court, parish of Orleans. Rightor, Eirst — Where a third opponent claims to be the owner of a specific thing, the value of that thing is the test of the jurisdiction of this court. 25 A. 651 ; 12 A. 48 ; 11 R. 217 ; 28 A. 432 ; C. P. 398. Second — The intervenor contends that this motion to dismiss comes too late, after a decision and the re-opening of the case.
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j^PPEAL from the Sixth District Court, parish of Orleans. Rightor, Eirst — Where a third opponent claims to be the owner of a specific thing, the value of that thing is the test of the jurisdiction of this court. 25 A. 651 ; 12 A. 48 ; 11 R. 217 ; 28 A. 432 ; C. P. 398. Second — The intervenor contends that this motion to dismiss comes too late, after a decision and the re-opening of the case. This would be correct if the motion were made on any other ground than the lack of jurisdiction ratione material. If -the transcript were deficient, for instance, or if there had been no citation of…
1Opinion
ON REHEARING.
Marr, J.
The rehearing in this case was granted solely upon the-question of jurisdiction.
Under the writ of attachment issued at the suit of plaintiffs against-the property of defendants, a package of gold coin, amounting to $235„„ was seized. Alexander Levy, who was not a party to the suit, intervened by way of third opposition, and claimed to be the owner of the-coin; and he appealed from the judgment rejecting his claim. Obvi— *362-ously, therefore, the matter in dispute is the ownership of this coin ; :and there is no other controversy between plaintiffs and Levy.
On the authority…
2Cases cited2 opinions
- Hart v. LodwickSupreme Court of Louisiana · 1835
- Buckner v. BakerSupreme Court of Louisiana · 1838