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49 La. Ann. 351

Murray v. Kimbro

Supreme Court of Louisiana

Decided January 18, 1897

Supreme Court of Louisiana · decided 1897-01-18

<p>A controversy involving the title to nine mules valued at one hundred and forty dollars each is not within our jurisdiction.</p> <p>The court exproprio motu takes notice of the want of jurisdiction, and dismisses the appeal.</p>

Cited by 1 later decisions — most recently June 1902

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1897-01-18

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¶1The opinion of the court was delivered by

Miller, J.

¶2This appeal is from the judgment dismissing the third opposition of the appellants claiming the ownership of nine mules seized under plaintiff’s judgment for one thousand one hundred dollars against the defendants Kimbro and Allen.

¶3We do not perceive the basis for our appellate jurisdiction. There is no evidence of the value of the mules except that afforded by the sale of a large number, including the nine in controversy. That price was one hundred and forty dollars each. The plaintiff’s judgment was for a sum below our jurisdiction; the amount in controversy on the third opposition is manifestly insufficient to give this court jurisdiction.

¶4Although there is no motion to dismiss, we must take notice of the want of jurisdiction of this court, apparent, as we think, on the record.

¶5It is therefore ordered, adjudged and decreed that this appeal be dismissed at appellants’ costs.

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