No. 28894. Precedential Processed

Chickasaw Wood Products Co. v. Vail-Donaldson Co.

Louisiana Supreme Court · Filed June 22, 1931 · 136 So. 87

Cited by

Pillsbury Mills, Inc. v. Chehardy 90 So. 2d 797 La. 1956
Griffin v. Bank of Abbeville & Trust Co. 69 So. 2d 153 La. Ct. App. 1st Cir. 1953
Kennedy v. Perry Timber Co. 46 So. 2d 312 La. 1950
Walker v. Fitzgerald 37 So. 2d 712 La. 1948
S.P. Weaver Lumber Supply Co. v. Price 14 So. 2d 580 La. Ct. App. 1st Cir. 1943
State v. Cook 3 So. 2d 114 La. 1941
Rockefeller v. Eggleston 177 So. 124 La. Ct. App. 1st Cir. 1937
Shreveport Laundries, Inc. v. St. Paul-Mercury Indemnity Co. of St. Paul 169 So. 353 La. Ct. App. 1st Cir. 1936
Carlock v. Kusin 167 So. 459 La. Ct. App. 1st Cir. 1936
Hanover Fire Ins. Co. v. Southern Amusement Co. 146 So. 316 La. 1933

Authorities cited

Identified automatically; this list may not be exhaustive.

State ex rel. Western Union Telegraph Co. v. Judge of the Seventh District Court for the … 21 La. Ann. 728
Zacharie v. Lyons 22 La. Ann. 618
C. E. Girardey Co. v. City of New Orleans 26 La. Ann. 291
Stubbs v. McGuire 33 La. Ann. 1089
Denegre v. Moran 35 La. Ann. 346
Guidry v. Garland 41 La. Ann. 756
6 So. 563 not in our corpus
42 La. Ann. 982 not in our corpus
8 So. 468 not in our corpus
48 La. Ann. 676 not in our corpus
State ex rel. Beauvais v. Judges of the Fifth Circuit Court of Appeals 19 So. 617
State ex rel. Taylor v. Judges of the Court of Appeal 107 La. 784
32 So. 186 not in our corpus
127 La. 124 not in our corpus
Borde v. Lazarus 53 So. 465
Wolf v. Thomas 137 La. 833
144 La. 130 not in our corpus
Kennon v. Hilburn 80 So. 224
Norwood v. Lake Bisteneau Oil Co. 145 La. 823
Crowell & Spencer Lumber Co. v. Lynch 157 La. 21
Nelson v. Continental Asphalt & Petroleum Co. 157 La. 491
A. Baldwin & Co. v. McCain 159 La. 966
City of New Orleans, by Public Belt Railroad Commission, v. New Orleans Coal & Bisso Towboat … 168 La. 1093
Steeg Printing & Publishing Co. v. Auto Lec Stores, Inc. 172 La. 565
Givens v. Yazoo M.V.R. Co. 173 La. 372

Opinion text

O’NIELL, C. J. The plaintiff sued for $2,938.49, being the price of two carloads of cooperage, or keg heading, sold to the defendant. The main defense to the suit was that the grade or quality of the heading which the plaintiff shipped was not of the grade or quality ordered. It was admitted by the plaintiff during the trial of the case that one carload of the heading, which the defendant or its customer had refused to accept, and which amounted to $1,-470.01 of the amount sued for, was after-wards sold by the plaintiff for $1,049.30, or at a loss of only $420.71, and that the plaintiff had given the defendant sredit for the $1,049.-30, and was therefore claiming only $1,889.19. The district court gave the plaintiff a judgment for that amount; and the defendant appealed to this court. This court has not appellate jurisdiction in an ordinary suit on a contract or on an account unless the amount in dispute exceeds $2,000, exclusive of interest. Const, art. 7, § 10. Where the amount in dispute does not exceed $2,000, exclusive of interest, the Court of Appeal has appellate jurisdiction. Const, art. 7, § 29. It is the amount remaining in dispute at the time when the case is submitted to the district court for decision that determines whether the case is appealable to the Supreme Court or to the Court of Appeal. If, in a suit for more than $2,000, a remittitur is entered or an admission made before the case is submitted to the district court for decision, reducing the amount in dispute to or below $2,000, exclusive of interest, the case is appealable to the Court of Appeal and not to the Supreme Court. State ex rel. Western Union Tel. Co. v. Judge, 21 La. Ann. 728 ; Zacharie v. Lyons, 22 La. Ann. 618 ; Girardey & Co. v. City of New Orleans, 26 La. Ann. 291 ; Stubbs v. McGuire, 33 La. Ann. 1089 ; Denegre v. Moran, 35 La. Ann. 346 ; Guidry v. Garland, 41 La. Ann. 756 , 6 So. 563 ; State ex rel. Boyet v. Boone, 42 La. Ann. 982 , 8 So. 468 ; State ex rel. Beauvais v. Judges, 48 La. Ann. 676 , 19 So. 617 ; State ex rel. Taylor v. Judges, 107 La. 784 , 32 So. 186 ; Borde v. Lazarus, *61 Michel & Lazarus, 127 La. 124 , 53 So. 465 ; Wolf v. Thomas, 137 La. 833 , 69 So. 269 ; Crawford, Jenkins & Booth v. Fisher, 144 La. 130 , 80 So. 224 ; Norwood v. Lake Bisteneau Oil Co., 145 La. 823 , 83 So. 25 ; Crowell & Spencer Lumber Co. v. Lynch, 157 La. 21 , 101 So. 797 ; Nelson v. Continental Asphalt & Petroleum Co., 157 La. 491 , 102 So. 583 ; A. Baldwin & Co. v. McCain, 159 La. 966 , 106 So. 459 ; City of New Orleans v. New Orleans C. & B. Towboat Co., 168 La. 1093 , 123 So. 724 ; Steeg Printing & Publishing Co. v. Auto Lec Stores, 172 La. 565 , 134 So. 746 ; Givens v. Yazoo & Mississippi Valley Railroad Co., 173 La. 372 , 137 So. 66 , handed down today. It is ordered that this case be transferred to the Court of Appeal for the Second Circuit, provided that, if the record be not filed in that court within thirty days from the date on which this decree shall have become final, the appeal shall stand dismissed at the appellant’s cost. The appellant is to pay the costs of the present appeal, all other court costs to abide the final disposition of the case.