Rogers v. Goldthwaite
Supreme Court of Louisiana
Rule to shew cause. The suit was instituted to recover $498.57 with interest from judicial demand, half the cost of a boundary wall, and an amended petition was filed stating that the interest, if claimed for the time it was really due, would have made the sum claimed over $500, but that he remitted all not claimed in the original petition “on account of the delay Consequent to appeals in ordinary suits to the Supreme Court.”
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Rule to shew cause. The suit was instituted to recover $498.57 with interest from judicial demand, half the cost of a boundary wall, and an amended petition was filed stating that the interest, if claimed for the time it was really due, would have made the sum claimed over $500, but that he remitted all not claimed in the original petition “on account of the delay Consequent to appeals in ordinary suits to the Supreme Court.” The judgment was for the defendant, and the plaintiff obtained an order of appeal on the affidavit of his attorney that the property, to which the boundary wall…
1Opinion of the CourtMarr, J.
This whole proceeding is anomalous; but we are arrested at the threshold by the want of jurisdiction, which was not disclosed in the motion, but which is apparent from the original record, and which we are compelled to notice ex propria motu.
The value of the property to which the wall belongs is not in controversy ; nor is the title to that property in any way disputed.
The plaintiff seeks to recover $498.57 with interest from judicial demand; and the three cases relied upon to support the right of appeal have no application in this case.
*125In the Succession of Renneburg, 15 A. 661, the title to…
2Cases cited1 opinion
- Pujol v. CorrejollesSupreme Court of Louisiana · 1843