Case law

State v. Monk

315 So. 2d 727 · Supreme Court of Louisiana · Jun 23, 1975

Any judge of a court serving according to law is qualified to hear a case. … The evidence clearly establishes the relevancy and chain of custody of these items. Hence, they were properly received in evidence by the trial court. State v.

Favalora v. Police Jury

112 La. 384 · Supreme Court of Louisiana · Feb 29, 1904

taxation herein fixed; and such districts shall be prohibited from levying contributions under the provisions of existing laws, and provided further that nothing herein contained shall prevent drainage districts from being established … The language of article 291 of the Constitution of 1898 indicates clearly that the convention intended to provide and provided for increase of taxation for road and bridge purposes, not only for the roads and bridges of particular

Reeder v. Succession of Palmer

623 So. 2d 1268 · Supreme Court of Louisiana · Sep 3, 1993

If however, the court in the first action would clearly not have had jurisdiction to entertain the omitted theory or ground (or, having jurisdiction, would clearly have declined to exercise it as a matter of discretion), … More recently, however, the Court has made clear that this statement does not establish a mandatory rule to be applied inflexibly in all cases.

Blevins v. Manufacturers Record Publishing Co.

235 La. 708 · Supreme Court of Louisiana · Oct 15, 1958

Blevins, died and thereafter this case was prosecuted and this appeal is taken by his estate, appearing through the duly qualified and authorized testamentary executrix. … declared meaningless and devoid of a description with such identity as to be translative of title, then in that event they argue that the Dusenbury-Phenis correction deed of April 18, 1912 clarifies the description and clearly

State v. Lewis

112 So. 3d 796 · Supreme Court of Louisiana · Mar 19, 2013

are a means of “ ‘eliminating] extremes of partiality on both sides,’ ... thereby ‘assuring the selection of a qualified and unbiased jury.’ ” Holland v. … While peremptory challenges are one means of assuring the selection of a qualified and unbiased jury, the U.S.

Succession of Packwood

9 Rob. 438 · Supreme Court of Louisiana · Jan 15, 1845

Packwood was subsequently produced, by which she appointed her husband, Samuel Packwood, her execu. tor, and he qualified as such in the Court of Probates of the parish and city of New-Orleans, and proceeded to have a new … This doctrine is especially true of debts; which clearly, according to all the authorities, follow the person of the owner, or creditor. Story’s Conflict of Laws, No. 362.

Bettison v. Avoyelles Land & Improvement Co.

120 La. 498 · Supreme Court of Louisiana · Jan 9, 1908

Gunstream ever qualified in any capacity that would authorize them to represent the two separate sets of minors named. (3) Urged that the pretended donation from Thomas P. Frith to Mrs. E. S. … “We have now clearly established as evidencing the intention of the parties the number of acres expressed in the donation correspond *503 ing with the number of acres taken possession of by the donee and her heirs, and we

In re Billis' Will

122 La. 539 · Supreme Court of Louisiana · Dec 14, 1908

That he did not intend it as a conveyance in prsesenti is evident from the qualifying clause with which he begins the use of the dispositive language, to wit, “If anything happens to me, no matter what,” or, as we find it … accorded to him by the instrument only when, and if, something should happen to the writer, and the evidence offered by the opponents, in his handwriting, taken in connection with the facts subsequently developed, indicates clearly

Gedward v. Sonnier

728 So. 2d 1265 · Supreme Court of Louisiana · Mar 2, 1999

Further, the trial court found that the ATV qualified as a "motor vehicle" under the terms of AIC's policy. … Kodi is clearly a resident of his father's dwelling.

Jurisich v. Jenkins

749 So. 2d 597 · Supreme Court of Louisiana · Nov 17, 1999

Accordingly, we find that this first argument is easily distinguishable and clearly irrelevant to the facts now before us. Defendants next assert that La. … The activities of navigation and maintenance of navigation are not qualified by the terms "normal, usual and permissible."

State of Louisiana v. Woodrow Karey, Jr., A/K/A Woodrow Karey, II

Supreme Court of Louisiana · Jun 29, 2017

” * * * But we clearly knew, by him shaking my hand and saying it went well and don’t worry about getting any more money, we were very confident . . . that the Grand … Finding that the evidence established that the agreement was unconditional, this court annulled the multiple offender sentence and reinstated the original sentence.

Beard v. Summit Institute

707 So. 2d 1233 · Supreme Court of Louisiana · Mar 4, 1998

Although this Court has never addressed whether accrued vacation pay qualifies as "wages," every court of appeal that has addressed the issue has held that accrued vacation pay is wages under La. R.S. 23:631. Baudoin v. … It is well established that a company policy can have no adverse effect on the requirement of prompt payment of earned wages upon termination of an employee."); Macrellis v.

Graham v. Jones

200 La. 137 · Supreme Court of Louisiana · Mar 10, 1942

of speech and of the press which is secured by the Constitution, does not confer an absolute right to speak or publish, without responsibility, whatever one may choose, or an unrestricted and unbridled license that gives immunity … Such being the effect of the editorials, the acts of writing and publishing them were clearly contempts of this Court in which the suit was pending.

State v. Cage

337 So. 2d 1123 · Supreme Court of Louisiana · Sep 13, 1976

The record is devoid of evidence that any of these adults could not qualify as a juror under La.C.Cr.P. art. 401. … Clearly, no constitutional doctrine requires this result. In any event, there is no showing of fraud or great wrong as required by Article 419 of the Louisiana Code of Criminal Procedure. See State v.

Bowens v. General Motors Corp.

608 So. 2d 999 · Supreme Court of Louisiana · Nov 30, 1992

Clearly, plaintiff's claim against GM is not against an "insurer," nor is it based on an insurance policy. *1004 Further, were we to adopt LIGA's expansive definition of insurance as including self-insurance, the effect would … The association shall perform its functions under a plan of operation established and approved under R.S. 22:1383 and shall exercise its powers through a board of directors established under R.S. 22:1381.

State v. Brown

414 So. 2d 689 · Supreme Court of Louisiana · Jun 8, 1982

Noting the lack of evidence of incapacity, we cannot find the trial court's determination of defendant's competency to be clearly erroneous. … Under this argument a jury which has been so qualified is not representative of a fair cross-section of the community. We have rejected this argument, most recently in State v.

Housing Authority of Shreveport v. Green

200 La. 463 · Supreme Court of Louisiana · Apr 27, 1942

The testimony of these witnesses and that of those who testified for the defend *472 ants clearly show that the foundation and walls of the house are in perfect condition with the exception of the defects mentioned. … This is the rule established long ago and consistently adhered to by the Supreme Court of the United States. Taking into consideration all the testimony, we think an award of $4,500 would be adequate but not excessive.

Robertson v. Cambon

176 La. 753 · Supreme Court of Louisiana · Feb 27, 1933

The evidence in the case clearly establishes the fact that the real estate firm of Cambon Bros., composed of Sylvester J. Cambon and Dr. Ferdinand J. … In order to establish a partnership in fact between Maurice C.

State v. Carthan

377 So. 2d 308 · Supreme Court of Louisiana · Nov 12, 1979

The procedure was conducted by qualified medical personnel. Marlon K. … Clearly, the question *314 asked of Deputy Pullin called for objectionable hearsay evidence.

Burke v. Wall

29 La. Ann. 38 · Supreme Court of Louisiana · Jan 15, 1877

Anthony’s; is clearly shown, and has not been controverted by either evidence or argument. It further appears by reference to the act of incorporation of the Roman Catholic church of St. … Fourth — The well-known and established custom of the congregation to act in the .control of the cemetery and the sale of burial lots in it through and by its priests.