Ilardo v. Agurs
Also decided on this docket: La. Ct. App. 1st Cir., February 4, 1981 394 So. 2d 761; La. Ct. App. 1st Cir., March 24, 1970 233 So. 2d 628; La., April 15, 1883 35 La. Ann. 496; La. Ct. App. 4th Cir., January 12, 1977 341 So. 2d 639
Ilardo v. Agurs, 67 So. 2d 559 (La. Ct. App. 1st Cir. 1953).
Cited by
- Ilardo v. Agurs 76 So. 2d 904 La. 1954
Authorities cited
Identified automatically; this list may not be exhaustive.
- Castleberry v. Ethridge 223 La. 466
- Brown v. Mayfield 61 So. 2d 248
Opinion text
McINNIS, Judge. The demand in this cause is one to compel defendant to open Simms Street as it is alleged to be shown on a plat annexed to the deed to plaintiffs, and in the alternative for a servitude over what is designated on the plat as Simms Street. After trial on the merits there was judgment in favor of plaintiffs on the alternative demand for a servitude and defendant was granted suspensive and devolutive appeals to this court, which were perfected by filing appeal bond in the sum of $600. The record contains no evidence fixing any value of the matter in contest, and for this reason this cause will be remanded to the lower court for the purpose of establishing appellate jurisdiction. Castleberry v. Ethridge, 223 La. 466 , 65 So.2d 138 and cases cited; Brown v. Mayfield, La.App., 61 So.2d 248 . For these reasons, this cause is remanded to the lower court for the purpose of adducing evidence to establish appellate jurisdiction. Costs of this appeal to be paid by defendant-appellant. All other costs to await final determination of this cause.