Mancuso v. Joseph Chalona Co.

Supreme Court of Louisiana November 3, 1919

Mancuso v. Joseph Chalona Co., 145 La. 896 (La. 1919)

83 So. 183; 1919 La. LEXIS 1800

Niell

Opinion of the Court

O’NIELL, J.

Plaintiff sued for $2,563 damages for personal injuries for an alleged tort. From a judgment in his favor for $500, the defendant, appeals, and plaintiff, answering the appeal, alleges that the amount of the judgment should be increased to $1,000, and prays that it be amended accordingly.

The answer to the appeal is an admission that the amount that was in contest when the case was submitted to the district judge for decision did not exceed $1,000. The Supreme Court has not jurisdiction unless the amount in contest exceeds $2,000 exclusive of interest. Constitution, art. 85. The evidence discloses that the extent of plaintiff’s injuries was very much exaggerated in his petition.

[1,2] Pursuant to our ruling in Reine v. Pontchartrain Railroad Co., 144 La. 750, 81 South. 301, and other cases there cited, we will, on our own motion, transfer the appeal to the Court of Appeal, and condemn plaintiff, by whose error or fault the appeal was brought to this court; to pay the costs of the present appeal.

It is ordered that this case be transferred to the Court of Appeal for the Parish of Orleans, and that plaintiff pay the costs of the appeal to the Supreme Court.

Reference

Full Case Name: MANCUSO v. JOSEPH CHALONA CO.
Status: Published
Syllabus: (Syllabus by Editorial Staff.) 1. Courts In view of Const, art. 85, giving the Supreme Court no jurisdiction unless the amount in contest exceeds $2,000, exclusive of interest, where, in an action for personal injuries resulting in judgment for plaintiff for $500, plaintiff, answering defendant’s appeal, alleges the judgment should be increased to $1,000, the appeal, on motion of the Supreme Court, will be transferred to the Court of Appeal. 2. Costs Where it was by the fault or error of plaintiff, in an action for personal injuries involving less than $2,000, that defendant’s appeal was brought to the Supreme Court, on transfer of the appeal to the Court of Appeal plaintiff will be ordered to pay costs in the Supreme Court.