Burt v. Smisson

ON RULE BY DEFENDANTS TO TAX COSTS. CARVER, J. Defendants in the above entitled and numbered cause took a rule on plaintiff to tax as costs the suit the fees of one W. E. Martin amounting to $50.00. From a judgment rendered in their favor against plaintiff, taxing said amount as costs, plaintiff appeals. Defendants (plaintiff-in-rule) moved to dismiss the appeal on the ground that the •amount in dispute is less than the lower -limit of this court’s jurisdiction, and also because the record contains no evidence or statement of facts; and they also ask for 20% on the amount of the judgment as damages for frivolous appeal. No appeal was taken in the main suit. *759 The motion to dismiss is well founded on hoth grounds. . See State, ex rel. Mut. Bldg. & H. Assn. vs. Judges, 106 La. 241 , 30 South. 697 . As to the claim for damages for frivolous appeal, it was held in the cases of Allen vs. Arnouil, 18 La. 437 , and New Orleans Imp., etc., Co., vs. Walker, 1 La. Ann. 180 , that damages could not be allowed where dismissal is claimed. The appeal is therefore dismissed, but without damages.