Harris v. Stubenrauch

Supreme Court of Louisiana

Harris v. Stubenrauch

18 La. Ann. 724

CourtSupreme Court of Louisiana

DecidedDecember 15, 1866

StatusPublished

Cited by2 cases

This text of 18 La. Ann. 724 (Harris v. Stubenrauch) 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

Harris v. Stubenrauch, 18 La. Ann. 724 (La. 1866).

Pincite

Opinion

Byman, C. J.

The defendant, appellee, has moved to dismiss the appeal [725]*725taken by plaintiff, on tbe ground, as averred by him, defendant, that he bas paid plaintiff tbe amount sued for by plaintiff, except tbe costs of suit, since tbe appeal was taken.

• It is not questioned that, when the appeal was taken, tbis Court bad jurisdiction of tbe case. Tbis Court once having jurisdiction is not divested thereof because of a part payment, which, if made before appeal, would have reduced tbe amount claimed to a sum below its jurisdiction.

Tbe motion to dismiss the appeal is overruled.

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Byman, C. J.

The defendant, appellee, has moved to dismiss the appeal [725]*725taken by plaintiff, on tbe ground, as averred by him, defendant, that he bas paid plaintiff tbe amount sued for by plaintiff, except tbe costs of suit, since tbe appeal was taken.

• It is not questioned that, when the appeal was taken, tbis Court bad jurisdiction of tbe case. Tbis Court once having jurisdiction is not divested thereof because of a part payment, which, if made before appeal, would have reduced tbe amount claimed to a sum below its jurisdiction.

Tbe motion to dismiss the appeal is overruled.

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Bluebook (online)

18 La. Ann. 724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-stubenrauch-la-1866.

Opinion

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