80 So. 224 | La. | 1918
The aráount in contest in this case is only $1,732.65. The appeal, therefore, should have been taken to the Court of Appeal.
The suit was for $2,507.65, of which $1,-732.65 was represented by a promissory note signed by. the defendant, and the balance, $775 was represented by three items of indebtedness which the defendant admitted he owed. He pleaded payment of the promissory note. At the beginning of the trial, his admission, that the only matter in contest was the question of payment of the note, was entered upon the minutes of the court, or in the note of evidence, and the trial was confined to that issue. At the conclusion of the 'trial, the district judge repeated, as a preface to his opinion or reasons for judgment, that the defendant had acknowledged that judgment should be rendered against him for $775, and that the only question to be decided was whether the plaintiff should also have judgment for the amount of the promissory note. Judgment was rendered in favor of the plaintiff for the $775, his demand for the- $1,732.65 was rejected, and he prosecutes this appeal.
It is ordered that this case be transferred to the Court of Appeal, Second circuit; that the costs of the present appeal be borne by the appellant; and that all other costs shall depend upon the final judgment.