No. 40478 Precedential Dismissed Processed

Wainer v. Kirn

Louisiana Supreme Court · Filed July 3, 1953 · 66 So. 2d 587

Cited by

Durr v. McCaleb 117 So. 2d 918 La. 1960
Farmers Supply Co. v. Williams 107 So. 2d 544 La. Ct. App. 1st Cir. 1958
Anisman v. Stanolind Oil & Gas Co. 94 So. 2d 650 La. 1957
Thomas v. Southdown Sugars, Inc. 90 So. 2d 682 La. 1956
Camus v. Camus 89 So. 2d 771 La. Ct. App. 1st Cir. 1956
Russ v. Stephens 89 So. 2d 213 La. 1956
Gamburg v. City of Alexandria 80 So. 2d 372 La. 1955
H. G. Hill Stores Realty Co. v. Latter 80 So. 2d 410 La. 1955
Wainer v. Kirn 72 So. 2d 763 La. Ct. App. 1st Cir. 1954
State ex rel. Schwehm v. Morrison 70 So. 2d 881 La. 1954

Authorities cited

Identified automatically; this list may not be exhaustive.

Tucker v. Woodside 218 La. 708
Martin v. Carroll 220 La. 481
Newman v. McClure 221 La. 556
Adger v. Oliver 222 La. 793
Beene v. Pardue 223 La. 417

Opinion text

HAMITER, Justice. As the heirs of one Harry Wainer, who allegedly purchased at a tax sale four small *671 lots of ground in the City of New Orleans, plaintiffs instituted this action to set aside subsequent tax sales under which the defendant claims title to the same property. The suit was dismissed in the district court, and plaintiffs appealed to this court. Since the record does not affirmatively show that the property in dispute is valued in excess of $2,000, which is our jurisdictional minimum, we cannot entertain the appeal. True, counsel stipulated at the conclusion of the trial that it was worth more than $2,500. But the stipulation is without effect, consent of the parties being inappropriate and insufficient for conferring appellate jurisdiction. Tucker v. Woodside, 218 La. 708 , 50 So.2d 814 ; Martin v. Carroll, 220 La. 481 , 56 So.2d 843 ; Newman v. McClure, 221 La. 556 , 59 So.2d 882 ; Adger v. Oliver, 222 La. 793 , 64 So.2d 6 ; Beene v. Pardue, 223 La. 417 , 65 So.2d 897 , decided June 1, 1953. Therefore, it is ordered that this cause be transferred to the Court of Appeal, Orleans Circuit, pursuant to the provisions of LSA-R.S. 13:4441 and 4442, the record to be filed in such court by appellants within thirty days from the date on which this decree shall become final; otherwise the appeal shall stand dismissed. Appellants shall pay the costs of the appeal to this court, and all other costs shall await final disposition of the case.