Gayden v. Louisville, Nashville, New Orleans & Texas Railroad
Supreme Court of Louisiana
APPEAL from Hie Sixteenth District Court, Parish of East Feliciana. Brame, judge ad hoe. 1 After a remittitur has been properly entered before judgment reducing the demand below the jurisdiction of the Supreme Court, the lower court cannot by any explanatory remarks oust the Court of Appeals of appellate jurisdiction and confer it on the Supreme Court. 2. Where a grant of right of way to a railroad company was made on condition that the grant should be null aud void if the…
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APPEAL from Hie Sixteenth District Court, Parish of East Feliciana. Brame, judge ad hoe. 1 After a remittitur has been properly entered before judgment reducing the demand below the jurisdiction of the Supreme Court, the lower court cannot by any explanatory remarks oust the Court of Appeals of appellate jurisdiction and confer it on the Supreme Court. 2. Where a grant of right of way to a railroad company was made on condition that the grant should be null aud void if the company did not complete the road in eighteen months, the lapse of time without the completion of the road leaves the…
1Opinion of the Court
On Motion to Dismiss.
The opinion of the Court was delivered by
Bermudez, C. J.
The plaintiff claims that this Court has no juris • diction over this controversy, the matter in dispute not exceeding $2,000.'
The suit is for $4,000 for the value of certain lands and for damages done to others.
After issue joined and evidence adduced, the case was submitted to a jury, who returned a verdict for $500 for the plaintiff.
An offer was then made by plaintiff to enter a remittitur for all demands exceeding $2,000. To this the defendants objected as concerned their right of appeal. The court sustained the…
2Cited by12 opinions
- Jennings-Heywood Oil Syndicate v. Houssiere-Latreille Oil Co.Supreme Court of Louisiana · 1907
- Trenchard v. New Orleans Ry. & Light Co.Supreme Court of Louisiana · 1908
- Zemurray v. BoeSupreme Court of Louisiana · 1958
- De La Vergne Refrigerating Machine Co. v. New Orleans & Western RailroadSupreme Court of Louisiana · 1899
- McClendon v. Busch-Everett Co.Supreme Court of Louisiana · 1916
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