Louisiana Court of Appeal, 1974

Ernest Joubert Co. v. Green

Ernest Joubert Co. v. Green
Louisiana Court of Appeal · Decided September 23, 1974 · Morial, Redmann, Samuel
307 So. 2d 412; 1974 La. App. LEXIS 3259 (Southern Reporter, Second Series)

Ernest Joubert Co. v. Green

Opinion of the Court

REDMANN, Judge.

Plaintiff moves to dismiss as suspensive this appeal from a First City Court of New Orleans judgment of eviction from premises leased at $90 a month. The motion asserts lack of an answer under oath with affirmative defense, C.C.P. art. 4735.

On our own motion, we note that appellate jurisdiction lies with the Civil District Court, La.Const. (1921) art. 7 §§ 91A and D and 81; Lichtentag v. Bowens, 1970, 256 La. 559, 237 So.2d 377. Accordingly, under C.C.P. art. 2162,

This appeal is transferred to the Civil District Court for the Parish of Orleans.

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