Ellis v. Silverstein

Supreme Court of Louisiana

Ellis v. Silverstein

26 La. Ann. 47

CourtSupreme Court of Louisiana

DecidedJanuary 15, 1874

DocketNo. 4875

StatusPublished

This text of 26 La. Ann. 47 (Ellis v. Silverstein) 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

Ellis v. Silverstein, 26 La. Ann. 47 (La. 1874).

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Opinion

Morgan, J.

Motion to dismiss on the ground that the amount in dispute is under $500.

The object of the suit is to cause the defendant to vacate the premises No. 195 Poydras street. The defendant claims under a lease, which he says does not expire until the first January next, and he [48]*48avers that if he were evicted it would damage him in the sum of $2000. Neither party claims any money judgment. We think it is the amount of the lease which gives us jurisdiction. Here the defendant only claims that he will owe, at the expiration which he assigns to it, $375. Hence we have no jurisdiction.

The appeal is therefore dismissed.

Rehearing refused.

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Morgan, J.

Motion to dismiss on the ground that the amount in dispute is under $500.

The object of the suit is to cause the defendant to vacate the premises No. 195 Poydras street. The defendant claims under a lease, which he says does not expire until the first January next, and he [48]*48avers that if he were evicted it would damage him in the sum of $2000. Neither party claims any money judgment. We think it is the amount of the lease which gives us jurisdiction. Here the defendant only claims that he will owe, at the expiration which he assigns to it, $375. Hence we have no jurisdiction.

The appeal is therefore dismissed.

Rehearing refused.

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Bluebook (online)

26 La. Ann. 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellis-v-silverstein-la-1874.