No. 311 Precedential Dismissed Processed

Katz & Barnett v. Gill

Louisiana Supreme Court · Filed October 15, 1891 · 43 La. Ann. 1041

Also decided on this docket: La. Ct. App. 3d Cir., July 12, 1961 132 So. 2d 82; La., July 15, 1872 24 La. Ann. 474

Cited by

First Nat. Bank of Ruston v. Jones 161 So. 54 La. Ct. App. 1st Cir. 1935
Day v. Helena Lumber Co. 76 So. 820 La. 1917
Advance Thresher Co. v. Breaux 59 So. 117 La. 1912
Courtney v. Rigmaiden 36 So. 704 La. 1904
Cusachs v. Dugue 36 So. 960 La. 1903

Opinion text

The opinion of the court was delivered by Breaux, J. Plaintiffs’ claim in this case does not exceed $2000. Unless the' transactions assailed by him are pure simulations, it is manifest that the appellate jurisdiction is tested by the amount of plaintiffs’ demand, and not by the value of the property involved in the contract sought to be annulled. Our opinion, in the case of Chaffe vs. Gill, just read,'shows that the contract assailed was not a mere simulation. *1042 Ib follows that plaintiffs must seek appellate relief in another tribunal. It is, therefore, ordered that the appeal herein be dismissed, without prejudice to plaintiffs’ right to appeal to the circuit court. Dismissed at appellants’ costs.