Case law

Nunez v. Wainoco Oil & Gas Co.

488 So. 2d 955 · Supreme Court of Louisiana · May 20, 1986

. § 30:1 et seq (which established and regulates the Department of Conservation and specifically authorizes the Commissioner to establish drilling units) supercedes the surface owner's right to absolute control of the subsurface … And, even the "exclusive right to explore" is qualified by the imposition of duties with regard to others who have rights in the common reservoir. La.Rev. Stat.Ann. § 31:9 and 10.

Wilson v. Lee

196 La. 271 · Supreme Court of Louisiana · Nov 4, 1940

These contentions are without merit, as clearly shown by the following entry in the minutes of the Fifth Judicial District Court for the Parish of West Carroll: “Oak Grove, La., “June 24th, 1938. … The conclusion that he may be required to discharge these duties would seem to flow logically from the well-established principle that title to public office cannot be assailed collaterally. State v. Sadler, 51 La.

State v. Snyder

277 So. 2d 660 · Supreme Court of Louisiana · May 7, 1973

The majority on first hearing accepted the fact that the subject of the alleged defamatory remarks was a "public figure", and the 10 bills of information filed by the State clearly demonstrate that the crimes charged arose … Qualified privilege "A qualified privilege exists and actual malice must be proved, regardless of whether the publication is true or false, in the following situations: "(1) Where the publication or expression is a fair and

State v. Lampkin

253 La. 337 · Supreme Court of Louisiana · Jan 20, 1969

Lester” As already stated this bill of exception has merit for the additional reason that the affidavit and the warrant fail to clearly describe the premises to be searched. … The premises to be searched must be designated with such certainty that they are readily and easily identifiable by any officer qualified to execute the warrant.

Giroir v. Dumesnil

248 La. 1037 · Supreme Court of Louisiana · Feb 23, 1966

bequeaths the wife the usufruct (or the use and fruits) of the property dur *1049 ing her life span; that it then bequeaths her the right of disposition of the property as a thing belonging to her; that the will therefore clearly … The basic action here is neither to establish the nullity of a testament nor to invalidate the 1947 succession judgment, as contended by defendants. Rather it is one for the ownership of immovables.

State v. Haynes

339 So. 2d 328 · Supreme Court of Louisiana · Nov 8, 1976

The witness's answer, "We were struggling" clearly demonstrates that the question did not elicit opinion testimony. The witness properly testified as to facts within her knowledge. … The testimony adduced at trial establishes that the defendant waived his rights knowingly and voluntarily.

State v. Elie

936 So. 2d 791 · Supreme Court of Louisiana · Jul 10, 2006

A reviewing court owes the trial court's evaluations of discriminatory intent great deference and should not reverse them unless they are clearly erroneous. … Jury duty is not only a civic responsibility and an obligation of all qualified citizens, it is also a constitutional right of citizens the United States Supreme Court has recognized. Powers v.

David Pitts Jr. and Kenyetta Gurley v. Louisiana Medical Mutual Insurance Company and Rhoda Renee Jones, M.D.

218 So. 3d 58 · Supreme Court of Louisiana · Mar 15, 2017

Crowell and Gueringer), then, certainly, the district court’s grant, of a new trial on the ground that the verdict is clearly contrary to the evidence is an abuse of discretion. … In the final analysis, the jury verdict in this case was based on the testimonies of several highly qualified experts, including Drs. Litner and Breinholt.

Louisiana State Bar Ass'n v. Connolly

201 La. 342 · Supreme Court of Louisiana · Jun 29, 1942

Hence, when the members of the Constitutional Convention of 1921 deleted the qualifying word “professional” in drafting Section 10 of Article VII, they not only extended the exclusive original jurisdiction of the court to … The Flynn case is clearly distinguishable from this one for the reason that there is no rule of this court providing that judgments of courts of foreign jurisdictions in disbarment proceedings will be considered as prima

State ex rel. Guion v. Chauvin

147 La. 703 · Supreme Court of Louisiana · Mar 1, 1920

Again, the Legislature in adopting Act No. 32 of 1902, p.' 39, clearly intended to repeal Act 30 of 1877 by adopting: “An act to amend and re-enact Act No. 30 of the General Assembly of 1877, Extra Session, approved March … The power which creates a public office, to define its duties, to fix its compensation, is essentially governmental, and there are no principles more firmly established than that, where no compensation is provided by law

Succession of Müh

35 La. Ann. 394 · Supreme Court of Louisiana · Mar 15, 1883

All the numerous counsel treat the adjective “important” as qualifying “ words.” … In the recent case of Woodward in re, Lord Penzance placed the point of ascertaining the precise purpose of a testator in tearing, cutting,- or obliterating any particular portion of a will very clearly.

United Gas Pipe Line Company v. Louisiana Public Service Commission

279 So. 2d 195 · Supreme Court of Louisiana · Jun 11, 1973

Procedurally the matter arose as follows: In 1971, the Commission instituted a proceeding or investigation having to do with establishing their jurisdiction over certain activities of the United Gas Pipe Line Company. … However, this matter properly addresses itself to legislature, which clearly has the right to amend R.S. 45:1180 and provide for the Commission's charging the regulated utilities the Commission's expense in employing special

Simpson v. Bulkley

140 La. 589 · Supreme Court of Louisiana · Jun 30, 1916

Vaughan, a maternal uncle of the children, was appointed and qualified as their undertutor, and letters were issued to him as such. … Hence the question is clearly presented whether, after the death of the wife, a creditor of the community theretofore existing between her and her surviving husband can legally proceed against the surviving husband individually

State ex rel. Browne v. A. W. Wilbert's Sons Lumber & Shingle Co.

51 La. Ann. 1223 · Supreme Court of Louisiana · May 29, 1899

Upon this statement, the court say: “It will readily be perceived that the establishment is a manufactory in which raw materials are made into wares suitable for use. … We claim that a saw-mill proprietor is clearly a manufacturer under the foregoing definitions.

Morgan's Louisiana & T. R. & S. S. Co. v. Railroad Commission

109 La. 247 · Supreme Court of Louisiana · Dec 15, 1902

This method of serving the people at Berwick has worked so well in practice that the community has for years enjoyed remarkable immunity from lost or damaged freight. … When such a point in the business of the road is reached, the rights of the “general public” come clearly into view, and it is not for the railroad, but for the commission, to determine how, in what way, and in what place

Lealon Johnson v. Aecom Amentum Government Services

Supreme Court of Louisiana · Dec 18, 2025

We find these weekly payments clearly and directly evidence a promise to pay Mr. Johnson. … Co., 393 So. 2d 674 (La.1981)) (“The time period established by [La. R.S. 23:]1209(A) is prescriptive, rather than peremptive.”).

Cimarex Energy Co. v. Mauboules

40 So. 3d 931 · Supreme Court of Louisiana · Apr 9, 2010

While the word "fraud" was not used in the letter, Privat clearly relayed this theory in his telephone conversation with Williams. … Does Filing a Concursus Immunize Cimarex from Damages? Cimarex argues filing a concursus should immunize it from statutory damages.

Wm. M. Barret, Inc. v. First Nat. Bank of Shreveport

191 La. 945 · Supreme Court of Louisiana · Jan 10, 1939

Barret, its President, except qualifying sharqs issued to his brother, an attorney, and to an employee. The corporation is engaged in what is known as geophysical work in the oil and mining industry. … The statute is a salutary one, adopted to serve a public purpose, and should be upheld unless it is clearly unconstitutional. In the case of State v.

Walker v. STATE, DOTD

817 So. 2d 57 · Supreme Court of Louisiana · May 14, 2002

The government has a legitimate need to attract qualified lawyers as well as to maintain high ethical standards. … The correspondence clearly and unmistakably offers to exploit the inter-workings of the office of his former employer and cannot be condoned nor sanctioned.

Speyrer v. Miller

108 La. 204 · Supreme Court of Louisiana · Jul 1, 1902

This Justice of the Peace clearly had no jurisdiction to adjudge that this $2000 of property was not homestead, and upon the strength of such adjudication to send the property to sale. … We deem it proper to follow in this case the well established usage and reject the motion.” In Dupre vs. Swafford, 25th Ann. 222, á natural tutrix sued out on injunction before having qualified.