Prude v. Morris
Also decided on this docket: La. Ct. App. 1st Cir., March 6, 1961 127 So. 2d 797; La. Ct. App. 1st Cir., July 1, 1884 2 McGl. 35; La., August 15, 1869 21 La. Ann. 557
Prude v. Morris, 38 La. Ann. 767 (1886).
Cited by
- Edwards v. Standard Oil Co. of Louisiana 144 So. 430 La. 1932
- Thompson v. Southern Sawmill Co. 48 So. 769 La. 1909
- Kent v. Davis Bros. Lumber Co. 48 So. 451 La. 1909
- Pulford v. Dimmick 107 La. 403 La. 1901
Opinion text
*768 The opinion of the Court was delivered by Todd, J. This is an action in declaration of simulation, in which the plaintiff, an alleged creditor of the defendant Monis, seeks to have declared simulated and void a conveyance of certain property described in the petition, from Morris to his co-defendant, Lucius. There is a motion to dismiss the appeal on the ground that the matter in dispute is under the lower limit of the jurisdiction of this court. It is true that the debt sued for is under $2000, but the property embraced in the alleged sale, according to the pleadings and the estimates by several witnesses on the trial, exceeds that sum; and this' latter fact or consideration, determines the question of jurisdiction in favor of the demand in suit. The motion to dismiss is therefore denied.