# Schmidt v. Brown

> Supreme Court of Louisiana · April 15, 1881 · 33 La. Ann. 416

URL: https://www.frixlaw.com/law-library/cases/7192162

## Case

- **Full name:** Schmidt & Zeigler v. A. C. Brown and R. Strauss
- **Court:** Supreme Court of Louisiana
- **Decided:** April 15, 1881
- **Citations:** 33 La. Ann. 416
- **Precedential status:** Published
- **Opinion:** Dissent by Fenner
- **Judges:** Bermudez, Fenner
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7192162

## Opinion text

Dissenting Opinión.
Fenner, J.
I am unable to discover the necessity or propriety of discussing the appealable character of a judgment which is not before us on appeal.
*419 The action before us is brought upon a bond and sounds in damages. Its, appealable character is determined by the amount seriously, and not fictitiously, demanded as damages. The judgment in the suit, in proceedings upon which the bond was given, is referred to only as an element in fixing the measure of damages; and if the damages claimed'in this suit exceed $1000, that makes .it appealable, irrespective of the elements of which such damages are composed.
I must, therefore, dissent from the opinion and decree herein.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7192162. Public record. Not legal advice.