Durward v. Jewett
Supreme Court of Louisiana
PPEAL from the Civil District Court for the Parish of Orleans. King, J. This court is without jurisdiction ratione materise; the interest of all the appellants united amounts only to thirty-two dollars, as formally admitted by them. It is true there are two thousand three hundred dollars deposited in the registry of the court; but there are one hundred and eighty members of the Branch Lodge, so that the appellants’ respective interests are infinitesimal.
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PPEAL from the Civil District Court for the Parish of Orleans. King, J. This court is without jurisdiction ratione materise; the interest of all the appellants united amounts only to thirty-two dollars, as formally admitted by them. It is true there are two thousand three hundred dollars deposited in the registry of the court; but there are one hundred and eighty members of the Branch Lodge, so that the appellants’ respective interests are infinitesimal. They presume to champion the rights and interests of their co-members — all of them appellees; but the latter have never conferred on them…
1Opinion of the Court
The opinion of the court was delivered by
McEnery, J.
The plaintiffs are members of the Branch No. 1148 of the order of the Iron Hall. This branch is located in New Orleans. Fearing that defendants would dispose of the property which they held in trust for said branch for the benefit of plaintiffs and other members-of said branch, and that there was no one to whom they could turn over-the property, and fearing the same would be removed beyond the limits of Louisiana, the plaintiffs sued out an injunction commanding defendants to retain possession of all of said property, money, mort*708gage notes,…
2Cited by2 opinions
- Smith v. LandisDistrict Court, W.D. Louisiana · 1952
- Succession of MooreLouisiana Court of Appeal · 1949