City of New Orleans v. Disabled American Veterans

Supreme Court of Louisiana

City of New Orleans v. Disabled American Veterans

62 So. 2d 817, 222 La. 507, 1953 La. LEXIS 1182

CourtSupreme Court of Louisiana

DecidedJanuary 12, 1953

DocketNo. 40852

StatusPublished

Cited by1 cases

This text of 62 So. 2d 817 (City of New Orleans v. Disabled American Veterans) 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.

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City of New Orleans v. Disabled American Veterans, 62 So. 2d 817, 222 La. 507, 1953 La. LEXIS 1182 (La. 1953).

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Opinion

FOURNET,-Chief Justice.

The City of New Orleans (plaintiff-appellee), contending that this Court is without jurisdiction of the appeal in the above-captioned case since it is a proceeding for a declaratory judgment in a suit which has for its object the judicial declaration of rights and not a money demand, filed a motion to have the case transferred to the Court of Appeal, Parish of Orleans.

This motion is without merit, for. the reason that the purpose of the suit is to have declared null and void a certain lease entered into between the plaintiff and the defendant, Disabled American Veterans, dated June 1, 1933, for a term of 35 years, which lease is alleged to have a present value of $29,500. Clearly the matter in dispute far exceeds the $2,000 jurisdictional amount, La. Const, of 1921, Art. 7, § 10. The cases relied on by the plaintiff in support of its motion, First National Life Insurance Co. v. City of New Orleans, 218 La. 9, 48 So.2d 145, Board of Com’rs of Port of New Orleans v. Hibernia National Bank, 219 La. 208, 52 So.2d 753, and Grace v. Boggs, 220 La. 22, 55 So.2d 768, are in-apposite from a factual standpoint in that the contests which were the subject of dis[509]*509pute therein did not involve rights of established monetary value.

For the reasons assigned, the motion to transfer is denied.

PONDER, J., recused.

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FOURNET,-Chief Justice.

The City of New Orleans (plaintiff-appellee), contending that this Court is without jurisdiction of the appeal in the above-captioned case since it is a proceeding for a declaratory judgment in a suit which has for its object the judicial declaration of rights and not a money demand, filed a motion to have the case transferred to the Court of Appeal, Parish of Orleans.

This motion is without merit, for. the reason that the purpose of the suit is to have declared null and void a certain lease entered into between the plaintiff and the defendant, Disabled American Veterans, dated June 1, 1933, for a term of 35 years, which lease is alleged to have a present value of $29,500. Clearly the matter in dispute far exceeds the $2,000 jurisdictional amount, La. Const, of 1921, Art. 7, § 10. The cases relied on by the plaintiff in support of its motion, First National Life Insurance Co. v. City of New Orleans, 218 La. 9, 48 So.2d 145, Board of Com’rs of Port of New Orleans v. Hibernia National Bank, 219 La. 208, 52 So.2d 753, and Grace v. Boggs, 220 La. 22, 55 So.2d 768, are in-apposite from a factual standpoint in that the contests which were the subject of dis[509]*509pute therein did not involve rights of established monetary value.

For the reasons assigned, the motion to transfer is denied.

PONDER, J., recused.

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62 So. 2d 817, 222 La. 507, 1953 La. LEXIS 1182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-new-orleans-v-disabled-american-veterans-la-1953.

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