Cited by
Opinions in Louisiana that cite State v. Cook, 3 So. 2d 114.
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Jobe v. Hodge
207 So. 2d 912
La. Ct. App. 1st Cir. 1968
City of New Orleans v. Williams, La.App., (Orl.1956); Wilson Sporting Goods Company v. Alwes, La.App., (1st Cir. 1944); , (1941) and Camus v. Camus, La.App., (Orl.Cir.
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Spinato v. City of New Orleans
113 So. 2d 71
La. Ct. App. 4th Cir. 1959
and State v. Cook, La.App., .
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Dwyer Lumber Co. v. Murphy Lumber & Supply Co.
112 So. 2d 435
La. 1959
In this connection “ * * * a payment made or a remittitur entered, or an admission of a pari of the debt sued for, before the case is submitted to the court of original jurisdiction for decision, has the same effect upon the question of appellate jurisdiction as if the amount paid or remitted, or the amount of the debt admitted, had never been sued for.” , , 117 and the numerous cases therein cited.
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Jefferson v. Tennant
102 So. 2d 243
La. 1958
City of New Orleans v. Langenstein, 227 La.
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Plaquemines Parish School Board v. La Grange Realty, Inc.
93 So. 2d 910
La. 1957
City of New Orleans v. Langenstein, 227 La.
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D'Amico v. Graver
90 So. 2d 796
La. 1956
Walker v. Fitzgerald, 214 La.
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Southern Baptist Hospital v. Williams
89 So. 2d 769
La. Ct. App. 1st Cir. 1956
See, also, Wilson Sporting Goods Co. v. Alwes, La.App., , , both cited in City of New Orleans v. Williams, supra.
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Moran v. Douglas
88 So. 2d 8
La. 1956
In the case of City of New Orleans v. Langenstein, supra, , , as follows: “' * * * In determining whether this court has appellate jurisdiction because of the amount in dispute, or because of the value of the thing in dispute, or because of the subject matter of the suit, in a given case, the record must show affirmatively that the court has appellate jurisdictio
- City of New Orleans v. Williams 86 So. 2d 410 La. Ct. App. 1st Cir. 1956
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Winsberg v. Winsberg
85 So. 2d 31
La. 1956
Walker v. Fitzgerald, 214 La.
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City of New Orleans v. Langenstein
80 So. 2d 402
La. 1955
116: “* * * jn determining whether this court has appellate jurisdiction because of the amount in dispute, or because of the value of the thing in dispute, or because of the subject matter of the suit, in a given case, the record must show affirmatively that the court has appellate jurisdiction; otherw
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Ilardo v. Agurs
76 So. 2d 904
La. 1954
the law is correctly stated as follows: “In determining whether Supreme Court has appellate jurisdiction because of amount in dispute, or because of value of thing in dispute, or because of subject matter of suit in given case, record must show affirmatively that Supreme Court has appellate jurisdictio
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Griffin v. Bank of Abbeville & Trust Co.
69 So. 2d 153
La. Ct. App. 1st Cir. 1953
Const.1921, art. 7, §§ 10, 29.” , .
- Parker v. Tillman 69 So. 2d 534 La. Ct. App. 1st Cir. 1953
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Succession of Goree
68 So. 2d 636
La. Ct. App. 1st Cir. 1953
See Consolidated Laboratories, Inc. v. Sanders, La.App.1946, ; Williams v. McGraw, La.App.1952, ; State v. Cook, 1941, , ; Jackson v. Perkins, 1952, 221 La.
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United Novelty Co. v. Salemi
68 So. 2d 808
La. Ct. App. 1st Cir. 1953
The effect of such an admission with respect to jurisdiction is clearly set forth in the opinion of the late Chief Justice O’Niell, citing a long line of authorities, , , in the following words: “It is the subject matter that is in contest before and at the time when the judgment is rendered in the court of original jurisdiction that determines what court if any has appellate jurisdiction in a given case.
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Grayson v. Lyons
66 So. 2d 396
La. Ct. App. 1st Cir. 1953
State v. Cook, 1941, , , transferred, La.App., 1941, , affirmed, 1943, 203 La.
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Louisiana Board of Pharmacy v. Smith
61 So. 2d 513
La. 1952
New Orleans & Northeastern R. Co. v. Redmann, 210 La.
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Jackson v. Perkins
59 So. 2d 708
La. 1952
657 ; , ; Walker v. Fitzgerald, 214 La.
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Ledet v. Rodgers
57 So. 2d 217
La. 1952
and the numerous cases therein cited; Walker v. Fitzgerald, 214 La.
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Kennedy v. Perry Timber Co.
46 So. 2d 312
La. 1950
316 ; , ; Walker et al. v. Fitzgerald et al., 214 La.
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Succession of Derouen
45 So. 2d 91
La. 1950
it is stated: “In determining whether this court has appellate jurisdiction because of the amount in dispute, or because of the value of the thing in dispute, or because of the subject matter of the suit, in a given case, the record must show affirmatively that the court has appellate jurisdiction
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Walker v. Fitzgerald
37 So. 2d 712
La. 1948
Hence, a payment made or a remit *301 titur entered “or an admission of a part of the debt sued for, before the case is submitted to the court of original jurisdiction for decision, has the same effect upon the question of appellate jurisdiction as if the amount paid or remitted, or the amount of the debt admitted, had never been sued for.” , , 117 and the numerous cases therein cited.
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Consolidated Laboratories v. Sanders
27 So. 2d 736
La. Ct. App. 1st Cir. 1946
524 ; and State v. Cook, et al, , .
- New Orleans Northeastern R. Co. v. Redmann 27 So. 2d 321 La. 1946
- Trorlicht v. Collector of Revenue. 24 So. 2d 366 La. 1945
- Rapides Cent. Ry. Co. v. Missouri Pac. R. Co. 24 So. 2d 240 La. 1945
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Benedito v. Gagliano
15 So. 2d 402
La. Ct. App. 1st Cir. 1943
* * *" , , 117, appears the following: "* * * It is the subject matter that is in contest before and at the time when the judgment is rendered in the court of original jurisdiction that determines what court if any has appellate jurisdiction in a given case."
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Emery v. Orleans Levee Board
11 So. 2d 652
La. Ct. App. 1st Cir. 1943
there was no motion to transfer or to dismiss the case but the Court discussed the question of jurisdiction, and finding from the record that the value of the thing in dispute was less than $2,000, ordered the appeal transferred to the Court of Appeal.
- Overruled State v. Cook 13 So. 2d 473 La. Ct. App. 2d Cir. 1941