Ellsworth v. John Fort News Stand

Louisiana Court of Appeal

Ellsworth v. John Fort News Stand

46 So. 2d 667, 1950 La. App. LEXIS 628

CourtLouisiana Court of Appeal

DecidedMarch 8, 1950

DocketNo. 7403

StatusPublished

Cited by1 cases

This text of 46 So. 2d 667 (Ellsworth v. John Fort News Stand) 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

Ellsworth v. John Fort News Stand, 46 So. 2d 667, 1950 La. App. LEXIS 628 (La. Ct. App. 1950).

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Opinion

HARDY, Judge.

This is a suit on account in which plaintiff prayed for judgment in the sum of $100.00 with interest and costs. There was judgment in the District Court rejecting plaintiff’s demands, from which judgment [668]*668plaintiff has appealed. In this Court counsel for defendant has filed a motion to dismiss the appeal on the ground that this Court is without jurisdiction.

The jurisdiction of the Courts of Appeal is fixed by Section 29 of Article 7 of the Constitution of 1921, which reads as follows : “The Courts of Appeal, except as otherwise provided in this Constitution, shall have appellate jurisdiction only, which jurisdiction shall extend to all cases, civil and probate, of which the Civil District Court for the Parish of Orleans, or the District Courts throughout the State, have exclusive original jurisdiction, regardless of the amount involved, or concurrent judisdiction exceeding one hundred dollars, exclusive of interest, and of which the Supreme Court is not given judisdiction, except as otherwise provided in this Constitution, and all appeals shall be both upon the law and the facts.”

Since the amount involved in the instant case does not exceed $100.00, it follows that this Court is without jurisdiction. Lawson v. Most Worshipful Eureka Grand Lodge, F. & A. M., La.App., 171 So. 480.

Accordingly, the motion is sustained and the appeal is dismissed at appellant’s cost.

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HARDY, Judge.

This is a suit on account in which plaintiff prayed for judgment in the sum of $100.00 with interest and costs. There was judgment in the District Court rejecting plaintiff’s demands, from which judgment [668]*668plaintiff has appealed. In this Court counsel for defendant has filed a motion to dismiss the appeal on the ground that this Court is without jurisdiction.

The jurisdiction of the Courts of Appeal is fixed by Section 29 of Article 7 of the Constitution of 1921, which reads as follows : “The Courts of Appeal, except as otherwise provided in this Constitution, shall have appellate jurisdiction only, which jurisdiction shall extend to all cases, civil and probate, of which the Civil District Court for the Parish of Orleans, or the District Courts throughout the State, have exclusive original jurisdiction, regardless of the amount involved, or concurrent judisdiction exceeding one hundred dollars, exclusive of interest, and of which the Supreme Court is not given judisdiction, except as otherwise provided in this Constitution, and all appeals shall be both upon the law and the facts.”

Since the amount involved in the instant case does not exceed $100.00, it follows that this Court is without jurisdiction. Lawson v. Most Worshipful Eureka Grand Lodge, F. & A. M., La.App., 171 So. 480.

Accordingly, the motion is sustained and the appeal is dismissed at appellant’s cost.

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Bluebook (online)

46 So. 2d 667, 1950 La. App. LEXIS 628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ellsworth-v-john-fort-news-stand-lactapp-1950.

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