Muntz v. Jefferson Railway Co.
Also decided on this docket: La. Ct. App. 1st Cir., June 28, 1971 250 So. 2d 207; La. Ct. App. 1st Cir., May 5, 1969 222 So. 2d 603; La. Ct. App. 1st Cir., December 19, 1928 121 So. 232; La., January 15, 1875 27 La. 90; La. Ct. App. 1st Cir., June 29, 1951 53 So. 2d 447
Muntz v. Jefferson Railway Co., 1 Teiss. 260 (La. Ct. App. 1st Cir. 1904).
Opinion text
BEAUREGARD, J. The plaintiff sued the defendant for $15000. was cast in the suit and took an appeal to the Supreme Court, which he did not perfect. An execution for costs having issued against him, plaintiff en *261 joined the same and after hearing, the injunction was dissolved, and he has appealed to this Court. May 30th, 1904. He has chosen the wrong forum, as we are clearly without jurisdiction rati one materias. Costs are incidental to the judgment and can be passed upon only by the Court which originally decided the cause and the appellate tribunal to which the case must constitutionally be taken, in case of appeal. 107. La. 71. The amount in dispute exceeds the maximum limit of our jurisdiction. Appeal dismissed.