Arcadia Cotton Oil Mill & Mfg. Co. v. Fisher

Citations

• 120 La. 1076
• 46 So. 28
• 1908 La. LEXIS 611

Syllabus

<p>1. Actions — Consolidation—Joint Trial.</p> <p>Technically there was no consolidation of the causes.</p> <p>2. Courts — Different Decrees — Jurisdiction on Appeal.</p> <p>A judgment was rendered in each case. One is subject to review by this court; the other by the Court of Appeal.</p> <p>3. Appeai>-Motion to Dismiss.</p> <p>On motion to dismiss two grounds are presented for dismissing the appeal.</p> <p>These two cases were consolidated for convenience of the trial. The Arcadia Cotton Oil Company Case is transferred to that court.</p> <p>4. Same.</p> <p>Appellee complains of the record as prepared by the clerk. After having read it in order to determine whether the appeal should be dismissed on the ground urged, the courc found that the issues could be decided on the present record.</p> <p>The third or last motion was made to have plaintiff’s judgment amended. It is amended. The appeal is not dismissed, for the reason that the party is not estopped by pleading before a court of limited jurisdiction an amount in reconvention as due for damages, particularly if he reserves his right to the amount exceeding the jurisdictional limit of the court. The missing papers are therefore not needful in order to decide the cause.</p> <p>5. Judgment — Res Judicata.</p> <p>The judgment pleaded as res judicata did not pass upon the issues involved in this case. In any. case it did not have the effect of res judicata.</p> <p>Again, the asserted missing papers are not of importance.</p> <p>■6. Attachment — Gbound for Attachment.</p> <p>The facts sustain the attachment in so far ns defendant sought to dispose of his property. Plaintiffs had a right to bring suit on the note they held.</p> <p>7. Same — Judgment.</p> <p>Its amount is reduced from the sum allowed in the district court.</p> <p>-S. Same — Right to Attach.</p> <p>Plaintiffs had tahen a mortgage to secure the payment of their advances to defendant. The value of the property mortgaged being about equal to their claim, they