Trascher v. Johnson
Trascher v. Johnson, 163 So. 431 (La. Ct. App. 1st Cir. 1935).
Cited by
- Schrader v. Coleman E. Adler & Sons, Inc. 65 So. 2d 136 La. Ct. App. 1st Cir. 1953
- Moore v. O'Hara 8 So. 2d 130 La. Ct. App. 1st Cir. 1942
- Eagen v. Tri-State Oil Co. 183 So. 124 La. Ct. App. 1st Cir. 1938
- Jumonville v. Frey's, Inc. 171 So. 590 La. Ct. App. 1st Cir. 1937
- Nagle v. Shreveport Journal Pub. Co. 170 So. 270 La. Ct. App. 1st Cir. 1936
Authorities cited
Identified automatically; this list may not be exhaustive.
- Levert v. Daily States Pub. Co. 123 La. 594
- Bache v. Stoltz 134 So. 112
Opinion text
PER CURIAM. The basis of the motion to dismiss' is the alleged want of jurisdiction ratione materias in this court to hear and determine this appeal because of the alleged fact that the amount in controversy is in excess of $2,000, the maximum jurisdiction of this court in moneyed demands. The record indicates that this appeal was taken by plaintiff from a judgment dismissing his suit for damages for slander. It is true that in, the prayer of the petition the plaintiff fixes his damages in the sum of $25,000, but since under the jurisprudence of this state no award of damages, upon a similar cause of action, has ever been approved in excess of the sum of $2,000, the maximum limit of our jurisdiction, we are of the opinion that the demand of the plaintiff in this case is inflated, and that the real amount in controversy is well within our jurisdiction. See Lebert v. Daily States Pub. Co. et al., 123 La. 594 , 49 So. 206 , 23 L. R. A. (N. S.) 726, 131 Am. St. Rep. 356 ; Bache v. Stoltz, 16 La. App. 524 , 134 So. 112 . The motion to dismiss will be denied. Motion denied.