City of New Orleans, by Public Belt Railroad Commission, v. New Orleans Coal & Bisso Towboat Co.

Supreme Court of Louisiana

City of New Orleans, by Public Belt Railroad Commission, v. New Orleans Coal & Bisso Towboat Co.

123 So. 724, 168 La. 1093, 1929 La. LEXIS 1923

CourtSupreme Court of Louisiana

DecidedJuly 8, 1929

DocketNo. 29842.

StatusPublished

Cited by8 cases

This text of 123 So. 724 (City of New Orleans, by Public Belt Railroad Commission, v. New Orleans Coal & Bisso Towboat Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of New Orleans, by Public Belt Railroad Commission, v. New Orleans Coal & Bisso Towboat Co., 123 So. 724, 168 La. 1093, 1929 La. LEXIS 1923 (La. 1929).

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Opinion

O’NIELL, C. J.

The amount in contest in this case is so small that the Supreme Court has not jurisdiction. The case therefore will have to be transferred to the Court of Appeal. The plaintiff sued for $5,155, and for legal interest from judicial demand, for demur-rage on coal ears. The defendant, answering the suit, denied owing anything, but, on the trial of the case, admitted an indebtedness of $4,265, and contested only an item of $5 and another item of $293 on the account sued on; and the plaintiff then claimed only an indebtedness of $4,563. The amount in contest was then only $298. After hearing the evidence the court gave judgment in favor of the plaintiff for the $4,563 claimed, which included the $298 in contest. The defendant has appealed from the decision.

In an ordinary civil suit, such as this, the Supreme Court has not appellate jurisdiction unless an amount, exceeding $2,000, exclusive of interest, was in contest when the case was submitted to the district court for decision. State ex rel. Western Union Tel. Co. v. Judge, 21 La. Ann. 728; Zacharie v. Lyons, 22 La. Ann. 618; Girardey v. City of New Orleans, 26 La. Ann. 291; Stubbs v. McGuire, 33 La. Ann. 1089; Denegre v. Moran, 35 La. Ann. 346; Guidry v. Garland, 41 La. Ann. 756, 6 So. 563; State ex rel. Boyet v. Boone, 42 La. Ann. 982, 8 So. 468; State ex rel. Beauvais v. Judges, 48 La. Ann. 676, 19 So. 617; State ex rel. Taylor v. Judges, 107 La. 784, 32 So. 186; Borde v. Lazarus, Michel & Lazarus, 127 La. 124, 53 So. 465; Wolf v. Thomas, 137 La. 833, 69 So. 269; Tremont Lumber Co. v. Talbot, 140 La. 887, 74 So. 183; Crawford, Jenkins & Booth v. Fisher, 144 La. 130, 80 So. 224; Norwood v. Lake Bisteneau Oil Co., 145 La. 823, 83 So. 25; Crowell & Spencer Lumber Co. v. Lynch, 157 La. 21, 101 So. 797; Nelson v. Continental Asphalt & Petroleum Co., 157 La. 491, 102 *1096 So. 583; A. Baldwin & Co. v. McCain, 159 La. 966, 106 So. 459.

It is ordered that this case be transferred to the Court of Appeal for the parish of Orleans, provided the appellant shall file the record in that court within 30 days from the date on which this decree shall have become final; otherwise the appeal is to stand dismissed. The appellant is to pay the costs of the appeal to the Supreme Court; the liability for other court costs is to depend upon the final judgment.

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O’NIELL, C. J.

The amount in contest in this case is so small that the Supreme Court has not jurisdiction. The case therefore will have to be transferred to the Court of Appeal. The plaintiff sued for $5,155, and for legal interest from judicial demand, for demur-rage on coal ears. The defendant, answering the suit, denied owing anything, but, on the trial of the case, admitted an indebtedness of $4,265, and contested only an item of $5 and another item of $293 on the account sued on; and the plaintiff then claimed only an indebtedness of $4,563. The amount in contest was then only $298. After hearing the evidence the court gave judgment in favor of the plaintiff for the $4,563 claimed, which included the $298 in contest. The defendant has appealed from the decision.

In an ordinary civil suit, such as this, the Supreme Court has not appellate jurisdiction unless an amount, exceeding $2,000, exclusive of interest, was in contest when the case was submitted to the district court for decision. State ex rel. Western Union Tel. Co. v. Judge, 21 La. Ann. 728; Zacharie v. Lyons, 22 La. Ann. 618; Girardey v. City of New Orleans, 26 La. Ann. 291; Stubbs v. McGuire, 33 La. Ann. 1089; Denegre v. Moran, 35 La. Ann. 346; Guidry v. Garland, 41 La. Ann. 756, 6 So. 563; State ex rel. Boyet v. Boone, 42 La. Ann. 982, 8 So. 468; State ex rel. Beauvais v. Judges, 48 La. Ann. 676, 19 So. 617; State ex rel. Taylor v. Judges, 107 La. 784, 32 So. 186; Borde v. Lazarus, Michel & Lazarus, 127 La. 124, 53 So. 465; Wolf v. Thomas, 137 La. 833, 69 So. 269; Tremont Lumber Co. v. Talbot, 140 La. 887, 74 So. 183; Crawford, Jenkins & Booth v. Fisher, 144 La. 130, 80 So. 224; Norwood v. Lake Bisteneau Oil Co., 145 La. 823, 83 So. 25; Crowell & Spencer Lumber Co. v. Lynch, 157 La. 21, 101 So. 797; Nelson v. Continental Asphalt & Petroleum Co., 157 La. 491, 102 *1096 So. 583; A. Baldwin & Co. v. McCain, 159 La. 966, 106 So. 459.

It is ordered that this case be transferred to the Court of Appeal for the parish of Orleans, provided the appellant shall file the record in that court within 30 days from the date on which this decree shall have become final; otherwise the appeal is to stand dismissed. The appellant is to pay the costs of the appeal to the Supreme Court; the liability for other court costs is to depend upon the final judgment.

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Bluebook (online)

123 So. 724, 168 La. 1093, 1929 La. LEXIS 1923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-new-orleans-by-public-belt-railroad-commission-v-new-orleans-la-1929.

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