Harper v. King

Louisiana Court of Appeal

Harper v. King

1 Gunby 64

DecidedJuly 1, 1885

StatusPublished

This text of 1 Gunby 64 (Harper v. King) 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

Harper v. King, 1 Gunby 64 (La. Ct. App. 1885).

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Opinion

Gunby, J.

Plaintiff sues on a note for $100, given as a part of.the purchase price' of one horse, sold for $130, of which $30 were paid cash, and the note sued on given for the balance. Defendant sets up that the horse was worthless, and asks for the annulment of the note and the return of the cash payment, and the judgment of the District Judge was in his favor. Plaintiff ap[65]*65peals. Held: This Court is without jurisdiction, ration e materia?, as to plaintiff’s demand, which was finally determined and rejected by the District Judge. Nor can we pass upon the reconventional demand, ‡100 of which constituted really a defence to plaintiff’s action.

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Gunby, J.

Plaintiff sues on a note for $100, given as a part of.the purchase price' of one horse, sold for $130, of which $30 were paid cash, and the note sued on given for the balance. Defendant sets up that the horse was worthless, and asks for the annulment of the note and the return of the cash payment, and the judgment of the District Judge was in his favor. Plaintiff ap[65]*65peals. Held: This Court is without jurisdiction, ration e materia?, as to plaintiff’s demand, which was finally determined and rejected by the District Judge. Nor can we pass upon the reconventional demand, ‡100 of which constituted really a defence to plaintiff’s action.

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Bluebook (online)

1 Gunby 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harper-v-king-lactapp-1885.