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67 So. 2d 559

Ilardo v. Agurs

Louisiana Court of Appeal

Decided September 30, 1953

Louisiana Court of Appeal · decided 1953-09-30

Key passage — most relied on by later courts

““For these reasons this cause is remanded to the lower court for the purpose of adducing evidence to establish appellate jurisdiction. When appellate jurisdiction has been so established, orders of appeal may then be taken, returnable to the appellate court having jurisdiction.””

quoted by 1 later decision, including Ilardo v. Agurs

Relies on Castleberry v. Ethridge · Brown v. Mayfield

Good law ✅— No negative treatment on recordhow we know

Decided 1953-09-30

How this case has been cited

Cited by 6 later decisions — most recently October 1985

6 state decisions

301953196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

McINNIS, Judge.

¶1The 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.

¶2After 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.

¶3The 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.

¶4For 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.

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