Spremich v. Maurepas Land & Lumber Co.

Citations

• 114 La. 1053
• 38 So. 827
• 1905 La. LEXIS 591

Syllabus

<p>APPEAL — JURISDICTIONAL AMOUNT — TRANSFER OF CAUSES.</p> <p>1. For the purposes of the appeal, the plaintiff is bound by the allegations of his petition as to the value of the property claimed by him, and neither his right of appeal nor the jurisdiction of the court to which the appeal is taken fluctuate with the market value of such property.</p> <p>2. Act No. 56 of 1904, providing for the transfer of causes appealed to the wrong courts, cannot be applied to a case so appealed in which the delay for appeal to the court vested with jurisdiction had expired before the statute became operative, since the party in whose favor the judgment was rendered had acquired a vested right therein which could not be devested by legislation.</p> <p>(Syllabus by the Court.)</p>