The defendant and appellee moves to dismiss this hppeal on the ground that this court has no jurisdiction, the amount in controversy not exceeding three -hundred dollars.

The demand is for a sum of three hundred dollars alleged to have been received by defendant from the State treasurer for the account of plaintiff as the compensation for a slave of his executed for a criminal offence committed in the parish of Ouachita, and the petition prays for interest and costs ; this cláim is resisted by defendant, who denies the allegations of the petition, and sets up divers claims in reconvention.

It is clear that the plaintiff’s demand was unliquidated, and that therefol-e no interest had accrued on it either before or since the inception of the suit. Code of Pr., art. 554.

Appeal dismissed.

Sadie Case. — On an Application por a Re-hearing.

In this case a re-hearing is prayed for on the ground that the decision of the court is based on article 554 of the Code of Practice, which has been repealed by act of the general assembly passed on the 20th of March, 1839. This enactment was overlooked by us in drawing up the opinion, but even had it been brought to- our notice, it could not have varied the conclusion to which we arrived in relation to the question of jurisdiction. The demqnd was one not exceeding three hundred dollars at the institution of the suit; no appeal could therefore lie. Civ. Code, art, 1932.

Re-hearing refused.