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 of the Court
The opinion of the court was delivered by
Manning, C. J.
The plaintiffs sued for the recovery of $2,473.80 and took out process of attachment, under which a package of gold coin, in amount $235, was seized. A curator was appointed to the defendants who excepted to the jurisdiction, which was overruled, and the general issue was then pleaded. Levy intervened claiming the owner-ship of the gold ; the plaintiffs had judgment against all parties. The Intervenor appealed. The defendants did not appeal.
The defendants’ curator has not filed an answer to the appeal, nor prayed the amendment of the…
2Cases cited1 opinion
- Hepp v. GloverSupreme Court of Louisiana · 1840
3Cited by1 opinion
- Harmon v. MooreLouisiana Court of Appeal · 1937