First Nat. Bank of Ruston v. Jones

Louisiana Court of Appeal

First Nat. Bank of Ruston v. Jones

161 So. 54, 1935 La. App. LEXIS 289

Louisiana Court of Appeal·Decided May 14, 1935·No. No. 5036.·Published·Cited by 1 cases

Opinion

*55 MILLS, Judge.

Plaintiff brings this action upon a promissory note for $1,854, with interest and attorney’s fees, coupled with a demand for the cancellation and annulment as a simulation of an alleged pretended sale to his daughters of property valued at $5,000.

From a judgment for plaintiff as prayed for, defendants appealed to this court.

Here defendants’ motion to transfer the appeal to the Supreme Court, because the amount involved exceeds our jurisdiction, is joined and acquiesced in by plaintiff. Because-of this acquiescence and because in cases'of. simulation the value of the property involved and not the'amount of plaintiff’s claim determines jurisdiction, the motion is granted. Katz v. Gill; 43 La. Ann. 1041, 10 So. 364.

' It is accordingly ordered and decreed that this appeal be transferred to the Supreme Court to be lodged there within thirty days from date hereof. All costs of appeal to this court' to be paid by appellant.

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*55 MILLS, Judge.

Plaintiff brings this action upon a promissory note for $1,854, with interest and attorney’s fees, coupled with a demand for the cancellation and annulment as a simulation of an alleged pretended sale to his daughters of property valued at $5,000.

From a judgment for plaintiff as prayed for, defendants appealed to this court.

Here defendants’ motion to transfer the appeal to the Supreme Court, because the amount involved exceeds our jurisdiction, is joined and acquiesced in by plaintiff. Because-of this acquiescence and because in cases'of. simulation the value of the property involved and not the'amount of plaintiff’s claim determines jurisdiction, the motion is granted. Katz v. Gill; 43 La. Ann. 1041, 10 So. 364.

' It is accordingly ordered and decreed that this appeal be transferred to the Supreme Court to be lodged there within thirty days from date hereof. All costs of appeal to this court' to be paid by appellant.

First Nat. Bank of Ruston v. Jones, 161 So. 54, 1935 La. App. LEXIS 289 (La. Ct. App. 1935).

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