Case law

Texas & Pacific Railway Co. v. Southern Pacifc Railway Co.

41 La. Ann. 970 · Supreme Court of Louisiana · Dec 15, 1889

But from the very nature of the principle, as shown by the authorities cited, it appears clearly that those matters only which were covered.by, and included in, the compromise or agreement, are affected as things adjudged … The parties have thus construed their own contract, and have themselves qualified their agreement in a manner which completely refutes tlie argument of plaintiff’s counsel in tlie present case.

State v. Scott

243 La. 1 · Supreme Court of Louisiana · Apr 30, 1962

In his Per Curiam to Bill of Exceptions No. 4, the trial, judge stated, “This man was not a qualified juror.” … doubt, we must take cognizance of the following rule: “The question of the admissibility of the confessions addressed itself to the trial judge, and his ruling will not be disturbed unless it is clearly against the preponderance

State ex rel. Magnolia Park, Inc. v. Louisiana State Racing Commission

231 La. 720 · Supreme Court of Louisiana · Dec 21, 1956

On the contrary, it was clearly established no one had ever criticized the manner in which Magnolia managed its track. … Furthermore, Section 149, which states the commission may grant, refuse, suspend, or withdraw licenses to horse owners, jockeys, etc., further provides that “No license shall be refused to any applicant who is qualified in

Creech v. Capitol MacK, Inc.

287 So. 2d 497 · Supreme Court of Louisiana · Oct 29, 1973

The Court failed to consider Civil Code Articles 3182 and 3183 which do establish creditors' right against their debtors. … Even before Febrero's commentaries, other earlier commentators clearly distinguished between the rights of the parties during the marital regime and the rights of the parties upon dissolution of the marital regime.

State v. Brooks

661 So. 2d 1333 · Supreme Court of Louisiana · Oct 27, 1995

Clearly, defendant has not shown that Schmidt's decision to adopt such a strategy was an error so serious that he was not functioning as the "counsel" guaranteed by the Sixth Amendment. … would have been bolstered considerably if he had established a foundation of expert testimony.

Garrett v. Seventh Ward General Hosp.

660 So. 2d 841 · Supreme Court of Louisiana · Sep 22, 1995

We conclude that the Legislature, by not using any qualifying language such as "private" and by not specifying any exceptions or exclusions from the term "disability benefit plans," meant to provide an offset for benefits … Nonetheless, the Legislature arguably has yet to express its true intent clearly.

Loyacano v. Loyacano

358 So. 2d 304 · Supreme Court of Louisiana · Apr 10, 1978

The opinion of the Court took pains, however, to point out that the wife need not be practically destitute to qualify for alimony, but that she could apply if she had some means which were not sufficient. … The wife has the burden of establishing her necessitous circumstances. In Ward v.

In re Levith

884 So. 2d 1197 · Supreme Court of Louisiana · Oct 19, 2004

Respondent initially established a line of credit at the Desert Inn Casino in Las Vegas, which would permit him to gamble and then send him a bill to be paid within thirty days. … Based on our review of the record, we find these stipulations are not clearly wrong.

Succession of Sanders

171 La. 569 · Supreme Court of Louisiana · Dec 1, 1930

On March 12, 1930, Elward Wright, the duly qualified executor of the succession of Mrs. Belle W. Sanders, filed a provisional account of his administration of the estate. … “Clearly, Miss Weathers is made the residuary'legatee of the remainder of the ‘expense fund.’

Life Ass'n of America v. Hall

33 La. Ann. 49 · Supreme Court of Louisiana · Jan 15, 1881

The father qualified as tutor by nature, and the proper mortgage inscriptions against him as such were made. . … There is no reason why the precedents established in those cases, should not be followed now, in similar instances, under the vigilant eye of the Court entrusted with the protection of minors and of, their rights. *55 Alter

State v. Turner

936 So. 2d 89 · Supreme Court of Louisiana · Jul 11, 2006

The trial court found the issue of mental retardation should be determined by the trial judge to minimize the risk that a "death-qualified" jury will make an erroneous finding and sentence a mentally retarded person to death … Dunn, 01-1635 (La.11/1/02), 831 So.2d 862 , do not compel a finding that the legislature's procedure established by 2003 La.

LaFleur v. John Deere Co.

491 So. 2d 624 · Supreme Court of Louisiana · Jun 23, 1986

He specifically recommended departing from the rule established in Meador v. … Does such a case, like Weber and Chappuis qualify as delictual with the customary tort damages being allowed, including mental pain and anguish?

Dehan v. Youree

161 La. 806 · Supreme Court of Louisiana · May 31, 1926

The nature of these improvements and additions with the cost of each is fully established by the evidence. … The conduct of the lessors, however, prevented the lessee from enjoying the advantage and benefit of these improvements which he was clearly entitled to for the full term of the lease.

Fleitas v. City of New Orleans

51 La. Ann. 1 · Supreme Court of Louisiana · Nov 27, 1898

They shall have and enjoy all the rights, powers and immunities incident to corporations. … The right of the'city is sanctioned by time and established by uncontroverted facts. No case of dedication to public use has been investigated by this court where the right has been so clearly established.”

State v. Gould

395 So. 2d 647 · Supreme Court of Louisiana · Feb 4, 1981

Tomasetti, 381 So.2d 420 (La.1980): It is well settled that a search conducted without a warrant issued upon probable cause is per se unreasonable—subject only to a few specifically established and well-delineated exceptions … Troubling cases have arisen where a defendant is not clearly shown to have been armed with an inherently dangerous weapon and others where a defendant is shown to have been armed with an instrumentality not inherently dangerous

Voicestream Gsm I v. Public Service Com'n

943 So. 2d 349 · Supreme Court of Louisiana · Nov 29, 2006

Clearly, the use of the assessment is the allocation of costs for the administration of a regulatory program which has its origins back to 1989. . . . The trial court cited LSA-Const. art. … A challenger argued that the surcharges surmounted to a tax on qualified ratepayers.

Eugene Dietzgen Co. v. Kokosky

66 L.R.A. 503 · Supreme Court of Louisiana · Jun 20, 1904

Ed. 698 . “15) While parol evidence cannot he admitted to vary, alter, or qualify a written instrument, yet it is clearly admissible to show tire circumstances surrounding the parties at the time of the execution of an instrument … Among the cases establishing this principle are Chapin v. Dobson, 78 N. Y. 74 , 34 Am. Rep. 512 ; Ferguson v. Rafferty, 128 Pa. 337 , 18 Atl. 484 , 6 L. R. A. 33; Barnett v. Pratt (1893) 37 Neb. 349 , 55 N.

Louisiana Power & Light Company v. Lasseigne

255 La. 579 · Supreme Court of Louisiana · Jan 20, 1970

However, appeals are favored and are to be dismissed only when clearly required by law. … This is one of the most qualified refusals which can be made by this court.

State v. Johnson

667 So. 2d 510 · Supreme Court of Louisiana · Jan 16, 1996

At the trial of the merits, it was established that Wilson had purchased the Cadillac, which had an odometer reading of 180,000 miles, for $2,800.00 and that towing and storage fees of $50.00 and $2,454.50, respectively, … The forfeiture of this amount under the facts and circumstances of this case does not qualify as "overwhelmingly disproportionate" to the damages caused by such drug trafficking.

State v. Arnold

548 So. 2d 920 · Supreme Court of Louisiana · Sep 12, 1989

Aggravated kidnapping is the doing of any of the following acts with the intent thereby to force the victim, or some other person, to give up anything of apparent present or prospective value, or to grant any advantage or immunity … Clearly, any reasonable person who was forcibly seized, brought to a remote location, held at knifepoint and threatened in no uncertain terms with the use of that weapon, would comply with the abductor's demands in the hope