City of New Orleans v. Howcott

Louisiana Court of Appeal

City of New Orleans v. Howcott

8 Teiss. 54, 1910 La. App. LEXIS 155

Louisiana Court of Appeal·Decided November 21, 1910·No. 5094·Published

Opinions

On Motion to Dismiss.

GODCHAUX, J.

The motion to dismiss is founded upon the alleged failure of the record to disclose the amount or value of the matter in dispute, namely, the right of possession. In an affidavit accompanying the motion for an appeal, appellant deposes that this amount exceeds $100, and, although seasonably advised of the [55]*55filing of this affidavit appellees have failed to challenge its truth by counter affidavit or otherwise.

Under these circumstances we must maintain the appeal.

State Ex. Rel. Scares vs. Hebrew Congregation, 31 An. 205

The motion to dismiss is accordingly denied.

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On Motion to Dismiss.

GODCHAUX, J.

The motion to dismiss is founded upon the alleged failure of the record to disclose the amount or value of the matter in dispute, namely, the right of possession. In an affidavit accompanying the motion for an appeal, appellant deposes that this amount exceeds $100, and, although seasonably advised of the [55]*55filing of this affidavit appellees have failed to challenge its truth by counter affidavit or otherwise.

Under these circumstances we must maintain the appeal.

State Ex. Rel. Scares vs. Hebrew Congregation, 31 An. 205

The motion to dismiss is accordingly denied.

City of New Orleans v. Howcott, 8 Teiss. 54, 1910 La. App. LEXIS 155 (La. Ct. App. 1910).

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