Brierre v. Creditors
Supreme Court of Louisiana
APPEAL from the Civil District Court, Parish of Orleans. Voorhies, J. A travelling salesman paid by a certain portion of the profits realized on his sales is a salaried clerk.
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APPEAL from the Civil District Court, Parish of Orleans. Voorhies, J. A travelling salesman paid by a certain portion of the profits realized on his sales is a salaried clerk. And as such is entitled to the privilege on tlie bankrupt estate as “ clerks, secretaries and other agents of that sort.” under R. C. 0., Arts. 3214, 3252, 3254. Codes Franeais Annotes, Teulet, D’Auvilliers et Sulpiey, page 669, Art. 2102, Nos. 33,34, 35, 36, 37, 38,46, 47, 48; Journal du Palais, Tom. 33, p. 256; lb. Tom. 47, p. 563; 11R. 139; 5D. p. 14; 3 An. 428 ; 7 An. 222; 8 An. 43; 35 An. 75; f Barnes & Aid. 663,…
1Opinion of the Court
The opinion of the court was delivered by
Fenner, J.
The appellee raises an objection to our jurisdiction *424ratione materise, on the ground that the appeal is taken from a judgment rendered on a provisional account filed by the syndic which involved only the distribution of a fund of $1021.23.
It is obvious that appellee mistakes the test of our jurisdiction in such matters. The test is not the amount actually distributed under a provisional account, but the amount of the fund to-be distributed in the case. The language of the constitution extends our jurisdiction “to all cases when the * * * fund…
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