State ex rel. Burke v. Sewerage & Water Board
State ex rel. Burke v. Sewerage & Water Board
Opinion of the Court
Plaintiff, alleging himself to be a stationary engineer, and a resident of the city of New Orleans, sought by manda
From a judgment sustaining an exception ■of no cause of action, relator appealed.
A motion has been filed to dismiss the appeal on the ground of want of jurisdiction ratione materias in this court.
There is no allegation in the petition of the value of relator’s alleged right to be employed, and there is no allegation that the ■deprivation of such right will damage him in any certain sum of money. Nor does the petition raise any issue which, regardless of the amount involved, would give this court jurisdiction under article 85 of the Constitution of 1898.
In State ex rel. Ryanes v. Gleason, Supervisor, 112 La. 612, 36 South. 608, we said:
“Where a litigation involves civil or political Tights, original jurisdiction is conferred in terms •on the civil district court without regard to the pecuniary interest at stake (Const. art. 133), but the framers of the Constitution have not thought proper to include such cases within the enumeration as contained in article 85.”
The same may be said of relator’s demand in this ease.
Appeal dismissed.
Reference
- Full Case Name
- STATE ex rel. BURKE v. SEWERAGE AND WATER BOARD
- Status
- Published
- Syllabus
- SUPREME COURT — JURISDICTION ON APPEAL. 1. In the absence of allegation that the matter in dispute exceeds the sum or value of $2,000, this court is without jurisdiction, save in the exceptional cases expressly enumerated in the Constitution of 1898. The right to be employed, though statutory, is not one of the exceptions. (Syllabus by the Court.)