Rogers v. Goldthwaite
Supreme Court of Louisiana
QN Rule to Show Cause. W. W. Handlin, for plaintiff in rule, contended : The decision was rendered in this case January 5,1880, five days after the new constitution went into force: An extension had been granted of thirty days to bring up the appeal, and the original papers defacto were filed with the rule, which was somewhat similar to a motion to dismiss, or to see if the appeal could be brought up on the following grounds : Eirst — That though the money demand was only…
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QN Rule to Show Cause. W. W. Handlin, for plaintiff in rule, contended : The decision was rendered in this case January 5,1880, five days after the new constitution went into force: An extension had been granted of thirty days to bring up the appeal, and the original papers defacto were filed with the rule, which was somewhat similar to a motion to dismiss, or to see if the appeal could be brought up on the following grounds : Eirst — That though the money demand was only $498, the real question was as to the title to the whole of the party wall belonging to the house of plaintiff and…
1Opinion of the Court
The opinion of the court was delivered by
Marr, J.
On the 2d January, 1879, plaintiff brought suit in the Fourth District Court, to recover of defendant $498 57, with interest from judicial demand, for half the cost of a boundary wall, $240 35, ■and legal interest from the 23d July, 1856. On the 14th January plaintiff filed an amended petition in which he stated that the interest would be something more than the sum demanded,' but “the overplus of which interest petitioner remits on account of the delays consequent to appeals in ordinary suits to the Supreme Court.”
The ease was tried ; and…
2Cases cited1 opinion
- Pujol v. CorrejollesSupreme Court of Louisiana · 1843
3Cited by6 opinions
- Reeves v. BarbeSupreme Court of Louisiana · 1942
- Ingham v. Harper & SonWashington Supreme Court · 1912
- Gaillardanne v. LocascioSupreme Court of Louisiana · 1935
- Brooks-Scanlon Co. v. BootySupreme Court of Louisiana · 1909
- Vandermost v. WithrowOregon Supreme Court · 1926
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