State ex rel. Hinds v. Leonard

Citations

• 124 La. 1068
• 50 So. 854
• 1909 La. LEXIS 591

Syllabus

<p>Courts (§ 224*) — Criminal Law (§ 1020*)— Appearance Bond — Judgment — Jurisdictional Amount.</p> <p>Relators seek to compel the recorder of mortgages to cancel the inscriptions of two judgments, for $250 each, obtained by the state against their author in title, as surety upon appearance bonds, given by persons charged with larceny, which judgments, as inscribed, operate as mortgages upon property which relators have acquired. The district court denied their application, and they have appealed.</p> <p>Held, if the, proceeding be regarded as civil in character, this court is without jurisdiction of the appeal, because the amount involved is less than $2,000. If it be regarded as criminal, for the purposes of jurisdiction and in the sense that an appeal lies, if appeals would lie in the prosecutions in which the bonds referred to were forfeited, it does not appear that appeals would lie in those prosecutions, and (assuming that appellate jurisdiction in those matters would attract such jurisdiction in this, a point on which we express no opinion) parties wlio are dissatisfied with the decrees of inferior tribunals must exhibit affirmatively their right to an appellate interference. The court, therefore, ex proprio motu, orders this appeal to be dismissed.</p> <p>(Syllabus by the Court.)</p>