Rils v. Brown

Decided January 15, 1833

Supreme Court of Louisiana · decided 1833-01-15

Eastern Dis, APPEAL PROM THE COURT OF THE FOURTH DISTRICT, THE JUDGE OF THE THIRD PRESIDING. This action was brought to obtain a joint interest with the defendant in a judgment rendered in favor of the latter, on a draft or order for four hundred and twenty dollars, payable on demand. The payee of the order being indebted to the drawer, it was agreed between them and the assignee, who is the present defendant, that the plaintiff should retain the one half of the amount.

Decided 1833-01-15

Martin, J.,

¶1delivered the opinion of the court.

¶2The plaintiff’s cause of action in this case, is the defendant’s seeking to recover the whole amount of an order for four hundred and twenty dollars, bearing interest at ten per centum, from October 5, 1831, while the plaintiff is entitled to only one half thereof. The plaintiff’s writs of sequestration and injunction were set aside, and he was mulcted in damages to the amount of forty-six dollars.

¶3It is clear he improperly obtained an appeal, as the cause of action is evidently less than three hundred dollars.

¶4It is, therefore, ordered, adjudged and decreed, that the appeal be dismissed, with costs.