Abney v. Whitted
Also decided on this docket: La. Ct. App. 1st Cir., September 17, 1962 144 So. 2d 543; La. Ct. App. 1st Cir., July 5, 1962 142 So. 2d 821; La. Ct. App. 1st Cir., April 14, 1930 127 So. 638; La., September 15, 1869 21 La. Ann. 665
Abney v. Whitted, 28 La. Ann. 818 (1876).
Cited by
- Fidelity & Deposit Co. v. Johnston 42 So. 357 La. 1906
Opinion text
Howell, J. A motion is made to dismiss this appeal because, the defendant, having on the trial confessed the greater portion of the debt sued for, leaving a balance in dispute of less than five hundred dollars, this court is without jurisdiction. The claim of plaintiffs is for a sum exceeding five hundred dollars, and the fact that in the answer and as a witness defendant admitted being indebted for a sum less than that sum did not change the demand of plaintiffs. Had the amounts admitted been certain and plaintiffs taken a judgment therefor, and thus left a small amount only in contest, the jurisdiction would have been affected. It is the demand of plaintiffs that gives jurisdiction. Motion refused.