Bell v. O'Rourke

Decided May 15, 1837

Supreme Court of Louisiana · decided 1837-05-15

EASTERN DlST. APPEAL FROM THE COURT OF THE PRESIDING JUDGE OF THE CITY COURT OF NEW-ORLEANS. The plaintiff instituted suit on two promissory notes executed by the defendant in January and April, 1834, for the aggregate sum of six hundred dollars. The defendant pleaded payment; that when they were paid, the plaintiff pretended he had mislaid the notes, but would destroy or cancel them. On this issue the case was submitted to a jury, who returned a verdict for the defendant.

Decided 1837-05-15

Martin, J.,

¶1delivered the opinion of the court.

¶2This is a direct appeal in a case in which the judgment is for more than three hundred dollars, and the appellee has made no objection to the mode of bringing the appeal.

¶3This case differs from that of Marsoudet vs. Beinvenu et al. just decided, (ante, 122,) in this particular only. The record *126contains a rale made by the presiding judge, directing that appeals-from judgments, in cases in which the matter in dispute exceeds three hundred dollars, should be brought to this court.

¶4If we were without legitimate authority to act on such appeals, before that rule was made, we cannot exereise any power under it. “ Every power must come from above.”

¶5It is, therefore, ordered, adjudged and decreed, that the appeal be dismissed.