McDonogh v. Doyle
Supreme Court of Louisiana
Appeal from the District Court of the First District, Buchanan, J. contended that the Parish Court of Jefferson is limited in its jurisdiction to personal actions, when the amount in dispute does not exceed a thousand dollars.
Read the full summary
Appeal from the District Court of the First District, Buchanan, J. contended that the Parish Court of Jefferson is limited in its jurisdiction to personal actions, when the amount in dispute does not exceed a thousand dollars. Act of 1813, B. & C.’s Dig. 209. Act of 1835, B. & C.’s Dig. 211. That the amount in dispute greatly exceeded that sum; and that the case was a necessary exception to the rules of the Code of Practice; Citing Terry v. Terry et al., 10 La. 68. The District Court is without jurisdiction. Code of Practice, arts. 395, 396, 397, 617.’ Oger v. Daunoy, 7 Mart. N. S. 656.
1Opinion of the CourtMorphy, J.
The petitioner sued out an injunction to prevent the sale of a frame building, erected on a square of ground belonging to him. He alleges that the defendants have seized and advertised the property for sale, under a fi.fa. issued from the Parish Court of the parish of Jefferson, to satisfy a judgment alleged to have been obtained by James Doyle, in that court, against one Edward Gathiel. He avers that he, being the owner of the square of ground, upon which the frame building is constructed, the same is his property, and that the defendants have acted illegally in seizing and offering it for…
2Cases cited1 opinion
- Terry v. TerrySupreme Court of Louisiana · 1836
3Cited by3 opinions
- San-I-Baker Corporation v. MagendieSupreme Court of Louisiana · 1925
- Chapelle v. LemaneSupreme Court of Louisiana · 1846
- Phillip Werlein, Limited v. PhillipsLouisiana Court of Appeal · 1934