Case law

Weil v. Jacobs' Estate

111 La. 357 · Supreme Court of Louisiana · Nov 16, 1903

Yetta Jacobs, had been appointed euratrix, and who had qualified as such; that the succession of Jacobs had not been opened. The executory proceedings were conducted contradictorily with these parties. … No matter how clearly expressed may be the intentions of the testator, nor how legal his bequests may be, they avail nothing, for courts are powerless to recognize or enforce them.

Lachman & Jacobi v. Henry Block & Bro.

47 La. Ann. 505 · Supreme Court of Louisiana · Jul 1, 1895

We do not see what less effect can be ascribed to the words quoted than that all conditions that would otherwise qualify the obligation are by agreement expunged from it and made void. “ The agreement becomes thereby absolute … the explanation of the $10,000, (which) should have been given before the attachment suit was instituted, clearly implying that if given, the item would not have included the guaranty.

Bayliss v. Grand Lodge

131 La. 579 · Supreme Court of Louisiana · Nov 4, 1912

The fact having been clearly established in my mind, beyond any doubt whatsoever, that the Cerneau bodies are clandestine, I, therefore, by virtue of the authority vested in me as Grand Master of the Most Worshipful the Grand … The occasion when the edicts were issued, whether their issuance be regarded as that of the Grand Master alone, or of the Grand Lodge acting through him, was, therefore, for both reasons, one of qualified privilege, and the

Randolph v. Village of Turkey Creek

240 La. 996 · Supreme Court of Louisiana · Jan 9, 1961

alcoholic beverages and intoxicating liquors is permitted by State law and may only be prohibited generally within a municipality by complying with the local option statute, LSA-R.S. 26:581 et seq., and upon proper vote of the qualified … The courts must uphold the ordinance unless it is clearly invalid. City of Shreveport v. Bayse, 166 La. 689 , 117 So. 775 ; Nix v. Village of Castor, La.App., 116 So.2d 99 . LSA-R.S. 26:280, subd.

Roper v. Brooks

201 La. 135 · Supreme Court of Louisiana · Jun 29, 1942

Clearly, the Secretary of State is not made the general agent of the nonresident for service of process in other kinds or classes of claims. … The same observations may be made with reference to a nonresident or a foreign corporation, which has qualified, to do business in this State and has appointed an agent upon whom service of process could be made.

State v. Dallao

187 La. 392 · Supreme Court of Louisiana · Apr 26, 1937

of the entire 1000 or more names placed in the jury wheel were not qualified jurors. … It established the facts as we have set them forth in the beginning of this opinion.

State v. Daniels

236 La. 998 · Supreme Court of Louisiana · Mar 23, 1959

However, in the absence of qualifying provisions, the terms `intent' and `intentional' have reference to `general criminal intent.'" (Italics ours.) … La Borde, 234 La. 28 , 99 So.2d 11 , is clearly distinguishable.

State v. Goodwin

189 La. 443 · Supreme Court of Louisiana · Feb 7, 1938

In the instant case, it was clearly demonstrated that the witness was a material one and that he was so ill that he was unable to come to court. … In short, the first part of the court’s charge qualified the balance of it on this subject. Homicide by misadventure' or accidental killing is classified as involuntary homicide.

Guillory v. Lee

16 So. 3d 1104 · Supreme Court of Louisiana · Jun 26, 2009

In order to establish a cause of action for penalties and/or attorney fees and costs under La. … Anseman was qualified to prescribe in his medical experience and specialty. Thus, he recommended that plaintiff seek alternative methods of relief, which included seeing a pain anesthesiologist. 26 .

State Ex Rel. Taylor v. Whitley

606 So. 2d 1292 · Supreme Court of Louisiana · Oct 20, 1992

A rule that qualifies under this exception must not only improve accuracy, but also "alter our understanding of the bedrock procedural elements " essential to the fairness of the proceeding. … I would not abandon Louisiana's established rule on retroactivity concerning federal constitutional rights in criminal cases.

State v. David

468 So. 2d 1126 · Supreme Court of Louisiana · Nov 26, 1984

A statute which fails to establish minimal, objective guidelines sufficiently distinct to administer the law impartially and in accord with the legislative will cannot withstand constitutional scrutiny. Smith v. … That result would clearly be unconstitutional. Gregg v. Georgia, supra; Godfrey v. Georgia, supra. The second problem with the limiting instruction is more fundamental.

State v. Hattaway

621 So. 2d 796 · Supreme Court of Louisiana · Jul 8, 1993

The Court stressed the fact that the interview took place after indictment, at a time when Massiah was clearly entitled to the assistance of counsel. … Constitution's guarantee of the assistance of counsel for indigents cannot be satisfied by a mere formal appointment; that provision mandates that "[t]he legislature shall provide for a uniform system for securing and compensating qualified

Sabine Police Jury v. Com'r of Alcohol

898 So. 2d 1244 · Supreme Court of Louisiana · Apr 12, 2005

26:582(A)(1) authorizes the governing authority of a ward, election district or incorporated municipality to hold a local option or referendum election once every two years upon the petition of at least 25 percent of the qualified … Rather, as the majority opinion acknowledged, testimony revealed Ward Three is still the basis for establishing and assessing taxes for road districts and fire protection districts as well as establishing boundaries for stock

Covington v. Roberson

111 La. 326 · Supreme Court of Louisiana · Nov 30, 1903

Actions of this kind have never been favored, and, in order to sustain them, a clear case must be established. Mandeville v. Huston, 15 La. 281 ; Ney v. Richard, 15 La. Ann. 605 ; Staub v. Van Benthuysen, 36 La. … In this class of cases the findings of the jury will not be disturbed unless clearly erroneous, improper, and not sustained by any correct view of the evidence. King v. Ballard, 10 La. Ann. 557 ; Mohrman v. Ohse, 17 La.

Smith v. Lewis

45 La. Ann. 1457 · Supreme Court of Louisiana · Dec 15, 1893

Smith, who was duly qualified and confirmed natural tutrix, on certain property of the defendant, as a third possessor. … We have quoted from that opinion as a leading case for the purpose of showing fully and clearly the distinction which is taken in the code, as well as in jurisprudence, between judgments which homologate annual accounts of

State v. Legrand

864 So. 2d 89 · Supreme Court of Louisiana · Feb 6, 2004

The defendant's statement alone clearly established that he went to the victim's home, armed himself with a dangerous weapon, attempted to take the CDs from the victim's immediate control by force, and that he killed the … The location, placement, type, and number of wounds, without even considering Runnels' testimony, clearly establish that the defendant had, at least, the specific intent to inflict great bodily harm upon the victim.

Union National Bank v. Forsyth

50 La. Ann. 770 · Supreme Court of Louisiana · May 30, 1898

It would be greatly erroneous to substitute any other meaning than *775 that which clearly appears from the words of the act. … It is further ordered, adjudged and decreed that writs of seques - tration and injunction in this case be dissolved to the amount of plaintiff’s indebtedness herein established, and that the amount of one thousand dollars

STANDARD CO., ETC. v. Elliott Const. Co., Inc.

363 So. 2d 671 · Supreme Court of Louisiana · Oct 9, 1978

The filing of these claims with the architect was in accordance with the procedures established by the contract. … In George Engine this court recognized that arbitration finds its principal support in the knowledge, experience and expertise of the arbitrator which qualify him to decide factual questions regarding performance of contractual

State of Louisiana v. Martin G. Lemoine

222 So. 3d 688 · Supreme Court of Louisiana · May 3, 2017

Such intent is established by mere proof of voluntary distribution.”) (citing R.S. 14:11 and State v. … The act of concealing proceeds of criminal activity is also found within other subsections of the Louisiana statute and is likewise a separate means of establishing money laundering under federal law.

Widow & Heirs of Brigot v. Brigot

49 La. Ann. 1428 · Supreme Court of Louisiana · Apr 26, 1897

Precisely what that discontinuance was intended to extend to or cover does not clearly appear. … We do not think that the effect of the qualified discontinuance ■made by defendants’ counsel, as made; was to restrict the issues in the case to a question of the right of possession.