
    BAYON vs. RIVET.
    Spring 1812.
    II. District.
    Suit abated is appearing by the pleading the $50 only were due.
    Plea in abatement. The suit was brought to recover 125 dollars, lent by the plaintiff to the defendant, who pleaded that the sum demanded was not due, and that the plaintiff had claimed that sum, with a view to give jurisdiction to the Court.
    The plaintiff filed an interrogatory, to which the defendant answered, he had received from the plaintiff, the sum of 50 dollars, and no more.
    Culbert, for the plaintiff.
    Judgement must be given for the sum, which appears due from the defendant's own shewing. The Court may, perhaps, order the plaintiff to pay costs. There are frequent instances of judgment heing grven in this Court for less than one hundred dollars.
    Baldwin, for the defendanL
    If the conclusion of the plaintiff's counsel be correct, a suit may be. commenced, in this Court, for one dollar, and a rich man, willing to pay costs may harrass his poor neighbour, by bringing him from a distant: parish. The Court will not suffer the plaintiff thus. to evade the law.
   By the Court.

This question was settled, a few days ago, in the fifth district, in the case of Lefevre vs. Broussart, ante 135. The plea is a good. one, and must prevail.

Judgment for defendant.  