Richardson v. McGivney

Louisiana Court of Appeal

Richardson v. McGivney

195 So. 621, 1940 La. App. LEXIS 23

CourtLouisiana Court of Appeal

DecidedJune 5, 1940

DocketNo. 2130.

StatusPublished

This text of 195 So. 621 (Richardson v. McGivney) 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

Richardson v. McGivney, 195 So. 621, 1940 La. App. LEXIS 23 (La. Ct. App. 1940).

Pincite

Opinion

PER CURIAM.

This is a petitory action in which is involved the title to a tract of land situated *622 on the Highland Road about 5 miles below the City of Baton Rouge in East Baton Rouge Parish, containing 34 acres more or less. Judgment was rendered in the District Court in favor of the defendants sustaining an exception of no cause of action and dismissing the suit of the plaintiffs at their costs.

In this Court the defendants have filed a motion to dismiss the appeal on the ground that the value of the property involved exceeds the sum of $2,000 and therefore the Court is without jurisdiction ratione ma-teriae. In the alternative the motion is for the transfer of the appeal to the Supreme Court of the State. The motion is supported by the affidavits of two real estate agents engaged in the real estate business in the Parish of East Baton Rouge^ By oral motion in open Court, Counsel for plaintiffs have acquiesced in the alternative motion and agree that the appeal should be transferred.

It is for these reasons now ordered, in accordance with the provisions of Act No. 19 of 1912, that the appeal in this case be transferred to the Supreme Court of the State within 60 days from the date of this order, otherwise to stand dismissed at the costs of the appellants.

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PER CURIAM.

This is a petitory action in which is involved the title to a tract of land situated *622 on the Highland Road about 5 miles below the City of Baton Rouge in East Baton Rouge Parish, containing 34 acres more or less. Judgment was rendered in the District Court in favor of the defendants sustaining an exception of no cause of action and dismissing the suit of the plaintiffs at their costs.

In this Court the defendants have filed a motion to dismiss the appeal on the ground that the value of the property involved exceeds the sum of $2,000 and therefore the Court is without jurisdiction ratione ma-teriae. In the alternative the motion is for the transfer of the appeal to the Supreme Court of the State. The motion is supported by the affidavits of two real estate agents engaged in the real estate business in the Parish of East Baton Rouge^ By oral motion in open Court, Counsel for plaintiffs have acquiesced in the alternative motion and agree that the appeal should be transferred.

It is for these reasons now ordered, in accordance with the provisions of Act No. 19 of 1912, that the appeal in this case be transferred to the Supreme Court of the State within 60 days from the date of this order, otherwise to stand dismissed at the costs of the appellants.

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Bluebook (online)

195 So. 621, 1940 La. App. LEXIS 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richardson-v-mcgivney-lactapp-1940.