Case law

Thibodeaux v. Burton

538 So. 2d 1001 · Supreme Court of Louisiana · Jan 30, 1989

In this case the evidence to establish *1005 the use of the truck consisted of the testimony of the arresting officer. … Succession of Robinson, 186 La. 389, 394 , 172 So. 429, 430 (1937), but this discretion is not immune from appellate review. As we stated in Hardy v.

Rey v. Cuccia

298 So. 2d 840 · Supreme Court of Louisiana · Jun 10, 1974

He was qualified as an expert in the repair and supervision of repairs for such trailers. He testified that he found no fault in the construction or design of the camper trailer. … Both lower courts found, and I agree, that there is no evidence to establish any inherent defect or vice in the trailer.

Wooden v. Louisiana Tax Com'n

650 So. 2d 1157 · Supreme Court of Louisiana · Feb 20, 1995

, to own any immovable property he has purchased and is occupying under bond for deed, and may be eligible for the homestead exemption provided in Article VII, Section 20(A) of the Constitution of Louisiana if otherwise qualified … Rather, the Legislature enacted a special statute defining ownership solely for the purpose of the homestead exemption, and thereby indirectly established an exemption from ad valorem taxes for bond for deed buyers.

State v. Board of Adm'rs of Tulane Education Fund

125 La. 432 · Supreme Court of Louisiana · Jan 17, 1910

“Further answering, respondent avers that it has discharged all of its duties in the premises with fidelity and without favor to any adverse interest, and that it has been advised by those who, in its opinion, are qualified … transferred, in any contingency; provided further, that the property, so transferred, may not be sold or disposed of except under legislative sanction; provided further that if the ‘Tulane University of Louisiana’ as herein established

Chaisson v. Cajun Bag & Supply Co.

708 So. 2d 375 · Supreme Court of Louisiana · Mar 4, 1998

In the instant case, we are first called upon to decide whether hearsay evidence can qualify as competent evidence. … However, even assuming that Chaisson had met her initial burden of proving entitlement to SEBs (which we do not concede), there is sufficient competent evidence in the record to establish that the employer met its burden

State v. Smith

47 La. Ann. 432 · Supreme Court of Louisiana · Jul 1, 1895

.: “If the word 1 embezzle’ is qualified in the statute by 1 fraudulently’ or-any other, the. qualifying word should, of course, be also used in the indictment.” 2 Bish. Crim. Proceedings, Sec. 323. … Thompson, 32 An. 796, very clearly illustrates the question of intent as a factor in this kind of embezzlement.

Oliver v. MAGNOLIA CLINIC

85 So. 3d 39 · Supreme Court of Louisiana · Mar 13, 2012

In either case, the MMA clearly intends to compensate victims for all medical expenses occasioned by the malpractice. The actual pre-judgment costs which the PCF are contesting in this case are not clear. … I respectfully dissent from the majority's conclusion that the State met its burden of proof in establishing that the $500,000.00 cap on general damages in medical malpractice cases is still constitutional.

Board of Public Utilities v. New Orleans Ry. & Light Co.

145 La. 308 · Supreme Court of Louisiana · May 5, 1919

public utilities in and for the city of New Orleans, which board shall be composed of the commissioner of public utilities of said city, who shall be ex officio the chairman thereof, and four other members, who shall be duly qualified … The article 296 clearly contemplated that the state board of health should have jurisdiction over the city of New Orleans, in the same way as over the rest of the state, and that the' Legislature should have the broad power

Woulfe v. Morrison

212 La. 1032 · Supreme Court of Louisiana · Dec 15, 1947

Under Section 4 of this act the City of New Orleans is empowered— when authorized by a vote of a majority in number and amount of the property taxpayers qualified to vote at an election held after due notice has been published … Clearly, therefore, the contention of the plaintiffs that this election was unauthorized is without merit.

Smith v. Stewart

21 La. Ann. 67 · Supreme Court of Louisiana · Feb 15, 1869

In all other cases they apply sub modo, and in'a limited and qualified sense. In the case of sovereign powers engaged in war they recognize each other as sovereigns. … It is clearly established that when the torch was about to be applied to his cotton, he protested against the act and earnestly requested time to remove it out of the way of the enemy, stating that he expected a boat in a

In Re Beychok

495 So. 2d 1278 · Supreme Court of Louisiana · Oct 20, 1986

The purpose and policy of this code is the implementation of enumerated ethical objectives designed to protect the integrity of state government and to facilitate recruitment and retention of qualified personnel by prescribing … Clearly, this attempt to rewrite 1123 does harm to the legislative scheme of the Code of Governmental Ethics. This decision would effectively scrap the "exceptions" section of the Code.

Walmsley v. Pan American Petroleum Corporation

244 La. 513 · Supreme Court of Louisiana · Apr 29, 1963

Walmsley, the duly appointed, qualified and acting Receiver of Gulf & Bayou Cook Oyster Company, Ltd., a Louisiana corporation, in Receivership; Rudolph J. Schultz, Jr., Clyde W. Thurmon, James M. … The allegations of plaintiffs’ ownership is only collateral to the main demand which is to remove a cloud on plaintiffs’ record title and plaintiffs’ record title, if established, will entitle them to have this cloud removed

Vicksburg, Shreveport & Pacific Railroad v. Scott

52 La. Ann. 512 · Supreme Court of Louisiana · Jan 15, 1900

Pardee, Judge, the said order placing the receivers in possession of all the property, effects or rights of said company, including any and all franchises, rights, immunities, donations, subsidies, etc.; that said receivers … qualified and took possession of all of said property, and that they and their successors have since proceeded with the collection of said subsidies and taxes now in contest, as well as all others; that on October 23rd,

Schwartz v. Edrington

133 La. 235 · Supreme Court of Louisiana · Jun 9, 1913

have the territory described in said annexed petition incorporated, without having an election to elect the first oficiáis, which will be tantamount to a recommendation to the Governor of this state of the parties whom the qualified … Whilst, however, it is true that the privilege of free publication seems thus to be held paramount, to that extent, to some other rights and “blessings,” to secure which the government was established, it remains, nevertheless

State of Louisiana v. Maya Jones

Supreme Court of Louisiana · May 1, 2026

The opponent must establish clearly and convincingly that the constitutional aim was to deny to the legislature the power to enact the legislation.” Id. … The OSPD’s autonomy is clearly evident in the designation of its powers and duties, set forth in La. R.S. 15:147.

Board of Barber Examiners v. Parker

190 La. 214 · Supreme Court of Louisiana · Mar 7, 1938

It was admitted that he was a duly licensed and qualified barber, in accordance with the laws of this State and the rules and regulations of the Board of Barber Examiners. … Section 1 of the Act clearly states the necessity for further regulation of the barber business.

Four States Realty Co., Inc. v. City of Baton Rouge

309 So. 2d 659 · Supreme Court of Louisiana · Mar 17, 1975

Clearly the acute parking problem has been one of long standing. … The record clearly establishes that only the subject property has received special treatment in the city zoning regulations.

Dusang v. Henry C. Beck Builders, Inc.

389 So. 2d 367 · Supreme Court of Louisiana · Oct 6, 1980

An "odd lot" claimant need not be absolutely helpless to qualify for total disability status. … Clearly, under the facts, he can and was engaged in a gainful occupation for wages. La. R.S. 23:1221(2).

State v. Corey

339 So. 2d 804 · Supreme Court of Louisiana · Nov 8, 1976

This clearly distinguishes Hodgeson from Launey and the instant case. … Unquestionably, certain exceptions to the hearsay rule are clearly desirable.

Jones v. State Board of Education

219 La. 630 · Supreme Court of Louisiana · May 28, 1951

He alleges himself to be a duly qualified elector and tax payer, residing in the City of Ruston, Louisiana, and that as such he is entitled to have the functions of the State Government carried out according to, and within … the Legislature unconstitutional unless it is shown that it clearly violates the terms of the articles of the Constitution.