Supreme Court of Louisiana, 1866

Harris v. Stubenrauch

Harris v. Stubenrauch
Supreme Court of Louisiana · Decided December 15, 1866 · Byman
18 La. Ann. 724
Harris v. Stubenrauch

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Byman, C. J.

The defendant, appellee, has moved to dismiss the appeal *725taken by plaintiff, on tbe ground, as averred by him, defendant, that he bas paid plaintiff tbe amount sued for by plaintiff, except tbe costs of suit, since tbe appeal was taken.

• It is not questioned that, when the appeal was taken, tbis Court bad jurisdiction of tbe case. Tbis Court once having jurisdiction is not divested thereof because of a part payment, which, if made before appeal, would have reduced tbe amount claimed to a sum below its jurisdiction.

Tbe motion to dismiss the appeal is overruled.

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