Case law

Etchison Drilling Co. v. Flournoy

131 La. 442 · Supreme Court of Louisiana · Jun 19, 1912

Act No. 254 is “to establish a department of mining and minerals, including oil and gas production,” etc. Act No. 261 establishes the “department of forestry,” etc. … Act No. 254 is entitled: “An act to establish a department of mining and minerals, including oil and gas production,” etc. .

Albright v. Southern Trace Country Club

879 So. 2d 121 · Supreme Court of Louisiana · Jul 6, 2004

This same conclusion may be reached through a manifest error-clearly wrong standard of review. … that the finding is clearly wrong (manifestly erroneous).

Staley-Wynne Oil Corporation v. Loring Oil Co.

182 La. 1007 · Supreme Court of Louisiana · Jul 1, 1935

Clearly the cause of action arose outside of this state and did not arise out of or have any connection with any business transacted by defendant in this state. … As to a cause of action so arising against a foreign corporation, whether it arises ex contractu or ex delicto, whether the foreign corporation has qualified to do business in this state or not, the general rule is that,

National Fire Ins. v. Board of Assessors

121 La. 108 · Supreme Court of Louisiana · Mar 16, 1908

very greatly receded from the advanced position it once occupied on the question of the taxability of credits, and the constantly recurring cases, both in the Supreme Court of the United States and in this court, show very clearly … Ed. 179 , qualified the doctrine of the Barber Asphalt Co.

St. Martin Parish Police Jury v. Iberville Parish Police Jury

212 La. 886 · Supreme Court of Louisiana · Apr 21, 1947

The writer of this opinion has obtained a translation of this French clause into English 'by competent and qualified French scholars, which translation reads as follows: “thence it [the line] shall follow the aforesaid fork … This clearly indicates to us that the majority of the property owners in the disputed area were of the opinion and belief that the property which they owned was situated in the Parish of Iberville.

James E. Guffey v. Lexington House, LLC

Supreme Court of Louisiana · May 8, 2019

malpractice claims against health care providers covered by this Part, other than claims validly agreed for submission to a lawfully binding arbitration procedure, shall be reviewed by a medical review panel established … R.S. 40:1231.1(A)(16) may qualify to be a “claimant” within the meaning of the Act. By also enacting La.

State v. Hernandez

488 So. 2d 972 · Supreme Court of Louisiana · May 20, 1986

essential evidence of his guilt was entirely hearsay (to which his attorney did not object); that a conviction should not be allowed to stand where the only evidence is unobjected to hearsay; that the testimony did not qualify … The hearsay evidence was clearly inadmissible, and the Jackson v. Va. standard has not been met. WATSON, J., dissents.

McFarland v. Brotherhood of Locomotive Firemen & Enginemen

193 La. 337 · Supreme Court of Louisiana · Jun 26, 1939

belonging to it; provided, however, that upon presentation of evidence which clearly indicates that an error has been committed by a subordinate lodge officer, after specific action upon the question has been taken by the … Mayo has not been shown to possess any such authority, but, on the contrary, his testimony and the provision of the Constitution with respect to officers and governing authority of the International appear to me to establish

Matthews v. City of Alexandria

619 So. 2d 57 · Supreme Court of Louisiana · Jun 22, 1993

Neither plaintiff had served the requisite amount of time and therefore only qualified for retirement based on their disability, LSA-R.S. 11:3113(1). … Clearly, the disability benefits are principally funded by the employer/City.

State Ex Rel. De Armas v. Platt

193 La. 928 · Supreme Court of Louisiana · Nov 27, 1939

Relators allege that on September 5, 1939, they were duly sworn and qualified by Honorable George P. … The presentment is immune. It is like the `hit and run' motorist. Before application can be made to suppress it, it is the subject of public gossip. The damage is done.

State v. Ferguson

240 La. 593 · Supreme Court of Louisiana · Nov 7, 1960

Counsel for appellant, in their vigorous argument *630 that the State has not established that the statements were free and voluntary, rely heavily on State v. … It has been twice decided that a charge, which lists all possible verdicts and defines the nature of a qualified verdict (as in this case), is sufficient in law. See State v.

State v. Dorsey

74 So. 3d 603 · Supreme Court of Louisiana · Sep 7, 2011

In the present case, we find Mouser’s voir dire testimony as a whole clearly shows her willingness to be a fair and impartial juror. … Wilson’s testimony is consistent with the physical evidence and clearly demonstrates he took part in the home invasion.

State v. White

247 La. 19 · Supreme Court of Louisiana · Dec 14, 1964

During the progress of the trial the State attempted to establish the serial number of an air conditioning unit. … We have examined the transcript and the testimony adduced, and find that there is evidence to establish the crime.

Rawle v. Jefferson & Plaquemines Drainage Dist.

187 La. 891 · Supreme Court of Louisiana · Jun 21, 1937

The procedure established by a constitutional amendment cannot be changed merely by a subsequent act of the Legislature. … This is clearly an attack upon the constitutionality of the bond issue, as Act No. 85 of 1934 is an amendment to the Constitution of 1921, the present Constitution of the state.

Avant v. Ouachita Parish School Board

215 La. 990 · Supreme Court of Louisiana · Apr 25, 1949

“The membership of the parish school board shall be as follows: “There shall be elected by the qualified voters of each police jury ward of the several parishes of the State a member of the school board of such parish for … Clearly, people so situated should be represented in the formulating and directing of policy, if for no other reason, with respect to the education of their children.

City of Baton Rouge v. Ross

654 So. 2d 1311 · Supreme Court of Louisiana · Apr 28, 1995

established"). … This category of speech is clearly "unprotected." See Giboney v.

Lenard v. Dilley

805 So. 2d 175 · Supreme Court of Louisiana · Jan 15, 2002

The privileges afforded the EMT under the statute, to respond quickly and efficiently to an accident victim, clearly foster social utility. … Plaintiff argues that the phrase "due regard" in subsection *180 D establishes a "general negligence standard" for drivers of emergency vehicles.

State ex rel. Algiers Brewing Co. v. King

46 La. Ann. 490 · Supreme Court of Louisiana · Apr 15, 1894

He further returns that, in his opinion, the testimony taken in pursuance of said order established the fact that great loss and injury would be entailed upon the corporation and its property by *495 the proposed appeal of … Fashion, 10 An. 345, the principle is stated clearly. “The expressions of the article (O.

State v. Davis

154 La. 295 · Supreme Court of Louisiana · Jan 2, 1923

That some of the jurors drawn are not qualified is not per se good ground for setting aside the panel. … The trial of the charge for the violation of the city ordinance pending on appeal is necessarily before the district judge, and that such a charge is not a crime against the state is well established.

State v. Cass

356 So. 2d 936 · Supreme Court of Louisiana · Dec 19, 1977

Hence, the probative value of the evidence clearly outweighed any prejudicial effect. Assignment of Error No. 2 has no merit. … In the instant case, both witnesses testified that, during the course of the crime, they could clearly see defendant.