Opinion
No. 4862.
December 5, 1934.
Appeal from Fourth Judicial District Court, Parish of Ouachita; D.I. Garrett, Judge.
Action by Mrs. Magdalena B. Amman against Sur-Wa Stores, Inc. From an adverse judgment, defendant appeals.
Appeal dismissed.
Fink Fink, of Monroe, for appellant.
Munholland Munholland, of Monroe, for appellee.
Plaintiff instituted this suit for a monied judgment in the amount of $150.
Defendant, in answer, admitted it owed plaintiff the sum of $95.80.
Judgment was rendered below for the amount sued for, and defendant has perfected an appeal to this court.
Appellee has filed in this court a plea to the jurisdiction ratione materiæ. It is certain from the pleadings in this case that the amount in dispute at the time of the trial below was less than $100, and was not a sufficient amount to give this court jurisdiction ratione materiæ. Louisiana Constitution of 1921, art. 7, § 29; West Monroe Hardware Furniture Co. v. Munholland, 18 La. App. 255, 138 So. 195.
The plea to the jurisdiction ratione materiæ is therefore sustained, and the appeal dismissed at appellant's cost.