Burt v. Allen
Also decided on this docket: La. Ct. App. 1st Cir., January 29, 1962 137 So. 2d 110; La., July 15, 1877 29 La. Ann. 577; La., July 15, 1876 28 La. Ann. 790; La., January 15, 1868 20 La. 106
Burt v. Allen, 123 So. 409 (La. Ct. App. 1st Cir. 1929).
Cited by
- Lawson v. Most Worshipful Eureka Grand Lodge, Free & Accepted Masons 171 So. 480 La. Ct. App. 4th Cir. 1937
- Davis v. Hawthorne 133 So. 532 La. Ct. App. 1st Cir. 1931
Authorities cited
Identified automatically; this list may not be exhaustive.
- Hood v. Hood 128 La. 731
- O'Shee v. Chaudoir 154 La. 517
Opinion text
ELLIOTT, J. Mrs. Thomas R Burt, claiming of Sidney Allen $104.94 as the balance due on an account, instituted suit against him for recovery in the city court of Bogalusa. The defendant Allen for answer admitted owing plaintiff $62 of the amount claimed, and tendered same in court to the plaintiff, leaving it in the hands of the clerk of court. He denied owing the balance of the amount claimed. The lower court rendered judgment holding that the amount tendered was all the defendant owed, and ordered plaintiff to accept same in full payment. Plaintiff has appealed. When defendant admitted owing plaintiff $62 of the amount claimed and paid it into the registry of the court, then there remained but $42.94 in dispute. The amount in dispute therefore does not come within the jurisdiction of this court ratione materia. Hood vs. Wise, 128 La. 731 , 55 So. 335 ; O’Shee vs. Chaudoir, 154 La. 517 , 97 So. 796 . The appeal is dismissed. MOUTON, J., not participating.