Norwood v. Wimby

Citations

• 104 La. 645

Syllabus

<p>Syllabus.</p> <p>Motion to Dismiss.</p> <p>In a suit for the possession of property, the value of the possession controls in matter of jurisdiction.</p> <p>The judgment was signed and appeal taken after the Constitution of 1898 had become the organic law of the State. The main demand was for less than the lower limit of the Supreme Court’s jurisdiction. The íeconventiona! demand was for an amount above that limit. The judgment rejected the main demand, and, in part, sustained the reconventional demand. The appeal was from the judgment allowing an amount on the reconventional demand. The Constitution of 1898 governs. The Court of Appeal has jurisdiction over the main demand and it follows that it also has of the reconventional demand. The appeal should have been taken to that court and not to the Supreme Court.</p> <p>A question of jurisdiction ratione matcriae may be considered at any time previous to judgment, and if the court is without jurisdiction, the case will be dismissed.</p>