Burt v. Smisson

Louisiana Court of Appeal

Burt v. Smisson

2 La. App. 758, 1925 La. App. LEXIS 257

CourtLouisiana Court of Appeal

DecidedMarch 17, 1925

DocketNo. 2059

StatusPublished

Cited by2 cases

This text of 2 La. App. 758 (Burt v. Smisson) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burt v. Smisson, 2 La. App. 758, 1925 La. App. LEXIS 257 (La. Ct. App. 1925).

Pincite

Opinion

ON RULE BY DEFENDANTS TO TAX COSTS.

CARVER, J.

Defendants in the above entitled and numbered cause took a rule on plaintiff to tax as costs the suit the fees of one W. E. Martin amounting to $50.00.

From a judgment rendered in their favor against plaintiff, taxing said amount as costs, plaintiff appeals.

Defendants (plaintiff-in-rule) moved to dismiss the appeal on the ground that the •amount in dispute is less than the lower -limit of this court’s jurisdiction, and also because the record contains no evidence or statement of facts; and they also ask for 20% on the amount of the judgment as damages for frivolous appeal.

No appeal was taken in the main suit.

[759]*759The motion to dismiss is well founded on hoth grounds. .

See State, ex rel. Mut. Bldg. & H. Assn. vs. Judges, 106 La. 241, 30 South. 697.

As to the claim for damages for frivolous appeal, it was held in the cases of Allen vs. Arnouil, 18 La. 437, and New Orleans Imp., etc., Co., vs. Walker, 1 La. Ann. 180, that damages could not be allowed where dismissal is claimed.

The appeal is therefore dismissed, but without damages.

Free access — add to your briefcase to read the full text and ask questions with AI