
    (97 South. 347)
    No. 23701.
    BENSEL et al. v. KUHLMAN et al.
    (July 11, 1923.)
    
      (Syllabus by Editorial Staf.)
    
    Courts <&wkey;224(l I) — Supreme Court without jurisdiction when facts alleged show damages could not amount to jurisdictional sum.
    Though plaintiffs sue for $3,500 as damages for trespass, where the facts alleged show that their damage could not possibly amount to $2,000, or near that sum, the Supreme Court has no jurisdiction under Const, art. 7, § 10.
    Appeal from Civil District Court, -Parish of Orleans; Fred D. King, Judge.
    Action by Mrs. Caroline Bensel and others against Mrs. Caroline Kuhlman and others. From a judgment for defendants, plaintiffs appeal.
    Appeal transferred to the Court of Appeal.
    George J. Untereiner, of New Orleans, for appellants.
    Buck, Walshe & Buck, of New Orleans, for appellees.
    Frank W. Hart, of New Orleans, for appellee Mrs. Nellie Quinius.
   O’NIELL, C. J.

Plaintiffs have appealed from a judgment rejecting their demand for $3,500 damages for trespass alleged to have been committed by defendants on plaintiffs’ property.

The facts alleged in the petition show that plaintiffs have exaggerated the amount of the injury, if they suffered any. The damage alleged could not possibly be $2,000, or near that sum. This court has jurisdiction in cases like this when the amount in dispute exceeds $2,000. Const, art. 7, § 10. The allegation that the amount of damages suffered in this case exceeds $2,000 is contradicted by the facts alleged.

It is ordered that the appeal be transferred to the Court of Appeal for the Parish of Orleans. The appellants are to bear the costs of the present appeal. All other costs are to depend upon the final judgment.  