State ex rel Grunewald v. The Judges of the Court of Appeals for the Parish of Orleans

• Decision Date: 01 January 1900
• Docket Number: 13,833
• Citation: 105 La. 217,29 So. 816
• Court: Louisiana Supreme Court
• Parties: STATE OF LOUISIANA EX REL WILLIAM N. GRUNEWALD v. THE JUDGES OF THE COURT OF APPEALS FOR THE PARISH OF ORLEANS

29 So. 816

105 La. 217

STATE OF LOUISIANA EX REL WILLIAM N. GRUNEWALD v. THE JUDGES OF THE COURT OF APPEALS FOR THE PARISH OF ORLEANS

No. 13,833

Supreme Court of Louisiana

January 1, 1900

APPLICATION for writ of mandamus.

Rufus E. Foster, for Relator.

L. De Poorter, for Respondents.

OPINION

NICHOLLS, C.J.

STATEMENT OF THE CASE.

Relator filed a petition in the Civil District Court for the Parish of Orleans, in which he alleged that he was the owner of a certain lot of ground in the Parish of Orleans, which he described, which was well worth the sum of three hundred and fifty dollars; that one George S. M. Gilbert, also a resident of this city, had entered upon the said lot without any right or warrant of law, and had erected thereon a building, and was at present occupying same to petitioner's great detriment; that he had repeatedly notified George S. M Gilbert to vacate said lot, and to remove therefrom the building erected thereon by him, but that he failed and refused to do so.

That he had had offers for said lot, but had been prevented from selling it by the trespass and occupancy of Gilbert, and had been damaged thereby in the sum of fifty dollars, and which sum he was entitled to recover; that the use of said lot was well worth the sum of five dollars per month and he was entitled to recover that amount from the ninth day of June until the said lot should be vacated.

In view of the premises he prayed for citation on said Gilbert, and that judgment be rendered against him, condemning and ordering him to at once vacate and remove from the property of the petitioner the buildings erected thereon by him, and to pay to petitioner fifty dollars as damages for the trespass on petitioner's property, and five dollars per month for the use of said lot from June ninth, 1899, to date making thirty dollars, both together being eighty dollars, with legal interest from judicial demand, and for all costs and general relief.

The defendant excepted that the District Court was without jurisdiction ratione materiae. The exception was sustained and the suit dismissed.

The plaintiff appealed the case to the Court of Appeals. The defendant excepted to the jurisdiction of that court ratione materiae. The exception was sustained and the appeal dismissed. Thereupon relator applied to this court for a writ of mandamus, directed to the judges of the Court of Appeals, commanding them to take jurisdiction of said appeal. The judges of the court having been ordered to show cause why the writ of mandamus should not issue as prayed for, answered that:

1st. Because under Art. 98 of the Constitution of 1898, respondents have no appellate jurisdiction of a demand for possession of property when the value of said possession is below one hundred dollars.

2nd. Because under the allegations of relator's pleadings the ownership of the property of which he demands possession is in no manner involved, and the value of the property can not be made the test of the appellate jurisdiction of respondents' court.

They further referred the court to the reasons assigned by the Court of Appeals for dismissing the appeal found in the copy of its judgment, which relator had annexed to his application for the writ of mandamus. In this judgment the court declared that its appellate jurisdiction, where the matter in dispute is less than one hundred dollars, is solely in cases arising in the City Court (Arts. 98 and 143, Constitution of 1898.)

Article 133 of the Constitution of 1898 declares that "The Civil District Court (for the Parish of Orleans) shall have exclusive and general probate jurisdiction in all cases where the amount in dispute or the fund to be distributed shall exceed one hundred dollars, exclusive of interest; and exclusive jurisdiction in suits by married women for separation of property, in suits for separation from bed and board, for divorce, for nullity of marriage, or for interdiction, and in suits involving titles to immovable property, or to office or to other public position, or civil or political rights; and in all other cases, except as hereinafter provided, where no specific amount is in contest, and of all procedings for the appointment of receivers or liquidators to corporations or partnerships. And said court shall have authority to issue all such writs, process and orders as may be necessary or proper for the purposes of the jurisdiction herein conferred upon it."

Article 143 of the Constitution of 1898 declares that "There shall be a First City Court in New Orlans. * * * Said court shall have exclusive original jurisdiction * * * in all cases where the amount in dispute of the fund to be distributed does not exceed one hundred dollars, exclusive of interest, including suits for ownership or possession of movable property not exceeding that amount in value; and suits of landlords for possession of leased premises, when the monthly or yearly rent, or the rent for the unexpired term of the lease does not exceed that amount, subject to an appeal in all cases to the Court of Appeals for the Parish of Orleans"

Article 98 of the Constitution of 1898 declares that "The Courts of Appeal, except as otherwise provided in this Constitution, shall have appellate jurisdiction only, which jurisdiction shall extend to all cases, civil or probate, when the matter in dispute or the funds to be distributed shall exceed one hundred dollars, exclusive of interest, and shall not exceed two thousand dollars, exclusive of interest. By Article 104 of the Constitution the Courts of Appeal have authority to issue writs of mandamus, prohibition and certiorari in aid of their appellate jurisdiction.

OPINION.

Relator sought relief from the action of the Civil District Court dismissing his suit for want of jurisdiction rationae materiae by an appeal to the Court of Appeals for the Parish of Orleans. Unless the latter court had appellate...