New Iberia Telephone Exchange v. Cumberland Telegraph & Telephone Co.

Citations

• 51 La. Ann. 1022
• 25 So. 975
• 1899 La. LEXIS 515

Syllabus

<p>Syllabus.</p> <p>On Motion to Dismiss.</p> <p>1. Order or Appeal. — While in an order of appeal it should be made to appear to which court the appeal is returnable, the oversight may be cured by the recital of the bond of appeal and by other proceedings.</p> <p>2. Notice or Appeal. — A notice of an appeal made returnable on the first day of the term is not violated by the insertion by the clerk of court, in addition, of an erroneous date.</p> <p>S. Jurisdiction. — The property involved, as made evident by the evidence, uncontradicted, was more than $2,000 in value.</p> <p>On the Mekits.</p> <p>1. Evidence. — One claiming damages should, when called upon for proof of the different items, sustain each with sufficient proof, and not rest on the idea that he may recover a round sum without proof of the different items going to make up the round sum.</p> <p>2. Plaintiff's Agent Concluded by His Utxebance. — The agent of plaintifi having expressed himself as satisfied and that after having complained oi wrongs done him and repairs made or attempted, the court concluded that there were no grounds upon which to base a judgment for damages.</p>