City of New Orleans v. Howcott
Also decided on this docket: La. Ct. App. 3d Cir., July 30, 1975 316 So. 2d 433; La. Ct. App. 1st Cir., November 15, 1960 125 So. 2d 71; La., March 15, 1874 26 La. Ann. 160
City of New Orleans v. Howcott, 8 Teiss. 54 (La. Ct. App. 1st Cir. 1910).
Opinion text
On Motion to Dismiss. GODCHAUX, J. The motion to dismiss is founded upon the alleged failure of the record to disclose the amount or value of the matter in dispute, namely, the right of possession. In an affidavit accompanying the motion for an appeal, appellant deposes that this amount exceeds $100, and, although seasonably advised of the *55 filing of this affidavit appellees have failed to challenge its truth by counter affidavit or otherwise. Under these circumstances we must maintain the appeal. State Ex. Rel. Scares vs. Hebrew Congregation, 31 An. 205 The motion to dismiss is accordingly denied.