Case law

Ventress v. Brown

34 La. 448 · Supreme Court of Louisiana · Mar 15, 1882

Hawkins, of New Orleans, were appointed executors of the estate, and qualified as such. They both died in 1864, without rendering an account of their administration. John M. … Considering the character and object of the suit, and the nature of the pleadings referred to, the evidence was clearly admissible.

Petre v. State Ex Rel. DOTD

817 So. 2d 1107 · Supreme Court of Louisiana · Apr 3, 2002

all persons causing or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person's insolvency, ability to pay, immunity … The record evidence clearly establishes that the accident was caused solely by driver error. Moreover, the majority adds insult to injury in affirming the lower courts' finding that DOTD was 50% at fault. Ms.

Shephard on Behalf of Shephard v. Scheeler

701 So. 2d 1308 · Supreme Court of Louisiana · Oct 21, 1997

The record clearly reveals that Mr. … In my opinion, the evidence established that weather conditions and speed were the substantial factors in this accident.

Wise v. JE Merit Constructors, Inc.

707 So. 2d 1214 · Supreme Court of Louisiana · Jan 21, 1998

R.S. 23:1208.1, changing the statute's clearly articulated employee's duty to disclose into the employer's duty to discover. … Here, the employee in question clearly failed to answer truthfully by failing to answer as to "arthritis."

Sultana Corp. v. Jewelers Mut. Ins. Co.

860 So. 2d 1112 · Supreme Court of Louisiana · Dec 3, 2003

ANN. § 22:1220(C) even if actual damages were not proven. [4] Alternatively, the appellate court further found no manifest error in the trial court's determination that Hannon's affidavit was insufficient to establish actual … [t]o qualify for; to furnish with proper grounds for seeking or claiming." BLACK'S LAW DICTIONARY 626 (4th ed.1968). Under the provisions of Section (A) of LA.REV. STAT.

Louisiana Irrigation and Mill Company v. Pousson

262 La. 973 · Supreme Court of Louisiana · Sep 7, 1972

This factual conclusion by the Court of Appeal gave plaintiff “every benefit of the doubt.” 5 The 1967 and 1968 usurpation of the lateral canal by defendant clearly resulted in a loss of possession by plaintiff. … Yiannopoulos, Predial Servitudes, 29 La.L.R. 1, 38. 3 It is because of these questions, posed principally by the defendant, but not essen *987 tial to our decision, that we qualify our opinion. .

State v. Watley

301 So. 2d 332 · Supreme Court of Louisiana · Oct 11, 1974

The psychiatrist was qualified as an expert in the field of psychiatry without objection. La.R.S. 15:466. … This was to establish the facts on which the medical opinion was based. La.R.S. 15:465.

Tanner v. Beverly Country Club, Inc.

217 La. 1043 · Supreme Court of Louisiana · Jun 30, 1950

In each case taxpayers and residents of the Parish of Jefferson, in the first listed case 26 and in the second 16, availing themselves of the provisions of Act 192 of 1920, as amended, are seeking to have the establishments … since increased to 28), and the territorial limits of each is specifically fixed (Section 31), each district to be presided over by one judge or more, as the case may be (Section 32), to be elected by a plurality of the qualified

Fryar v. Guste

371 So. 2d 742 · Supreme Court of Louisiana · May 21, 1979

the Court of Appeal decision reversing the trial court's dismissal of this suit and holding that certain of the files in the Attorney General's office are public records subject to examination by the plaintiff, a person qualified … The Court of Appeal was clearly correct in ruling that the interviews with the eleven persons conducted prior to adjournment of the Grand Jury were a part of the Grand Jury investigation and all matters connected therewith

Cortes v. Fleming

307 So. 2d 611 · Supreme Court of Louisiana · Dec 2, 1974

Equitable Life Assurance Society of the United States, 173 So.2d 373 (La.App., 1st Cir. 1965); cert. denied, 247 La. 1019 , 175 So. 2d 302 (1965); the right of the putative wife to the marital portion, when she is otherwise qualified … That the right of support or maintenance is established at the moment of the marriage and is an element of the obligations of the parties to one another during the marriage, is clearly established by Civil Code Article 119

State v. Wille

595 So. 2d 1149 · Supreme Court of Louisiana · Mar 2, 1992

Agreeing with the district court that defendant has failed to establish his claim of ineffective assistance of counsel, we now unconditionally affirm the conviction and sentence. … The record of voir dire and the testimony at the hearing on remand clearly demonstrate that Oubre was exerting his best efforts, unfettered by self-interest, in selecting the jury.

Troendle v. DeBouchel

33 La. Ann. 753 · Supreme Court of Louisiana · May 15, 1881

Boutté were qualified as executors of his estate. *755 In March, 1879, under a foreclosure of the Berens mortgage, the two-thirds of the property were adjudicated to defendant, for $10,500 cash. … It was, therefore, competent for him to proceed before any court vested with j urisdiction over matters similar to his claim, and the Sixth District Court having concurrent j urisdiction with the Fourth, was clearly vested

Succession of Abascal

158 La. 869 · Supreme Court of Louisiana · May 25, 1925

The executor qualified and took possession of the estate, consisting mainly of stocks and bonds contained in a bank box on deposit in the Canal-Commercial Trust & Savings Bank, and cash on hand to the credit of the deceased … On the alternative demand of the plaintiff, the clause of the will under discussion is clearly, from its language, not a testamentary disposition. It does not bequeath anything.

State v. Morris

259 La. 1001 · Supreme Court of Louisiana · Nov 8, 1971

The judgment on maintaining these standards is best left, in the first instance, to the trial judge, who is present on the scene and best qualified to observe and understand the complexities of the whole trial. … As we understand this bill, the subsequent offense cannot properly establish relevant evidence showing system, motive, intent and guilty knowledge for the crime charged.

State v. Rini

151 La. 163 · Supreme Court of Louisiana · Jan 2, 1922

The exact time of this questioning, in so far as it relates to the statement objected to and made by Deamore, does not clearly appear. … Written charges are often better considered, more clearly expressed, and, in complicated cases at least, less likely to contain error.

State v. Richardson

140 La. 329 · Supreme Court of Louisiana · Oct 6, 1916

C. art. 509, is qualified by the conditions imposed by those articles, and hence the right of use, in both instances, is in the public; but that right is also qualified by the terms in which it is reserved. … The conversion of a portion of the batture in front of the town of Carrollton into a woodyard is not one of those uses. * * * If the corporation had the right to establish woodyards, they would have an equal right to establish

Blackly v. Matlock

3 La. Ann. 366 · Supreme Court of Louisiana · Apr 15, 1848

It appears very clearly in evidence that this note was given in payment of the property sued for; and it is equally clear that two such demands cannot be cumulated in the same petition ; they are inconsistent, and by an express … The intervenors made themselves primarily liable by accepting the bills; by this agreement, and the transfer of the bill of lading, the property fell under their qualified ownership, to enable them to meet the acceptances

State v. Roche

341 So. 2d 348 · Supreme Court of Louisiana · Dec 13, 1976

The argument is without merit; the record clearly indicates that the remark referred to Mr. Adams, Jr.: "Q. When you said the party was down, sir, what do you mean by that? "A. I meant that— * * * * * * "Q. … He argues that the statements were admissible to establish the reasonableness of defendant's fear of Armistead, the "hit man."

State ex rel. Patton v. Houston

40 La. Ann. 393 · Supreme Court of Louisiana · Apr 15, 1888

To obtain" the relief sought herein under the writs of certiorari and prohibition, these rules imperatively require that relator shall establish one of three things, viz: either 1st, that the proceedings are infected with … We are clearly precluded from considering such questions in this proceeding.

Warren v. Louisiana Medical Mutual Insurance Co.

21 So. 3d 186 · Supreme Court of Louisiana · Jun 26, 2009

This departure from established jurisprudence is unwarranted in this case. … Clearly, under these undisputed facts, any action against these defendants is "perempted" under the provisions of La.