Mayhall v. General Contracting Co.

Louisiana Court of Appeal

Mayhall v. General Contracting Co.

7 Teiss. 9

CourtLouisiana Court of Appeal

DecidedJune 10, 1909

DocketNo. 4812

StatusPublished

This text of 7 Teiss. 9 (Mayhall v. General Contracting Co.) 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

Mayhall v. General Contracting Co., 7 Teiss. 9 (La. Ct. App. 1909).

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Opinions

ST. PAUL, J.

Plaintiff sued for $10,000 and obtained a verdict and judgment based thereon for $2,750. Defendant moved for a new trial and plaintiff voluntarily remitted “all said verdict” in excess of $750.00.

Judgment was rendered and signed accordingly. Defendant then appealed to this Court, and plaintiff has moved to dismiss the appeal on the ground that the [10]*10amount involved exceeds the jurisdiction of this Court.

June 10, 1909.

The motion will not be allowed. After plaintiff had entered his remittitur, the only amount claimed by him was $750, and that was the only amount involved in the case when the final executory judgment was rendered and signed. No judgment could have been rendered for any greater amount. The amount involved at the time of judgment is the test of jurisdiction on appeal.

Motion denied.

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