Succession of Fullerton

Supreme Court of Louisiana
Succession of Fullerton, 114 La. 227 (La. 1905)
38 So. 151; 1905 La. LEXIS 444
Monroe

Succession of Fullerton

Opinion of the Court

MONROE, J.

This is an appeal from a judgment homologating an account which purports to distribute a fund amounting to $941.16. Neither the amount nor any question involved brings the case within the appellate jurisdiction of this court, a fact of which the court must, ex proprio motu, take notice.

Agreeably to the provisions of Act No. 56 of 1904, therefore, it is ordered and adjudged that, in the event that the appellants or their attorney of record make oath, before the expiration of six judicial days from the day upon which this decree is handed down, that the appeal herein was not taken for the purpose of delay, this cause be transferred to the Court of Appeal for the parish of Claiborne, to be there proceeded with according to law; otherwise, and in case such oath is not made as thus required, the appeal herein be, and is hereby, dismissed.

Reference

Full Case Name
Succession of FULLERTON
Status
Published
Syllabus
APPEAL — JURISDICTION—DISMISSAL—-TRANSFER TO PROPER COURT. ■ No appeal lies to this court from a judgment homologating an administrator’s account which purports to distribute a fund not exceeding $2,000, exclusive of interest, and the court must, in such cases, ex proprio motu, take notice of its want of jurisdiction, and dismiss the appeal, unless the appellant or his attorney of record complies with the requirements of Act No. 56 of 1904, necessary to entitle him to an order transferring the cause to the proper court. (Syllabus by the Court.)