Ober v. McGinty

HAMITER, Justice.

In a joint motion to transfer the instant appeal counsel for the parties litigant state:

“That this cause was appealed to this court from a decision of the District Court sustaining an exception of no cause or right of action, which decision was made on the pleadings alone, without the taking .of evidence, so that there is no evidence in the record as to the value of the mineral rights which are in controversy.

“That the petition does not disclose the value o'f the mineral rights.

“That, therefore, the parties hereto suggest that the appeal was improperly lodged in this court,…