Case law

O'Bierne v. Police Jury

151 La. 1088 · Supreme Court of Louisiana · Jun 29, 1922

The following facts appear in a petition filed by plaintiff, praying for writs of injunction against the police jury of Red River parish and the Louisiana Highway Commission, to wit: The police jury of Red River parish established … In January, 1919, the police jury ordered an election in that district, at which there was submitted to the duly qualified taxpayers thereof the proposition to incur a debt of $150,000, and to issue negotiable bonds therefor

Chappuis v. Reggie

222 La. 35 · Supreme Court of Louisiana · Nov 10, 1952

Pursuant to this authority various city ■courts have from time to time been established, and in the year 1928, by Act No. 137, later incorporated as LSA-R.S. 13 :- .2141 et seq., there was established the City Court of the … Dark, 195 La. 139 , at page 150; 196 So. 47 , *45 and cases therein cited; the plaintiff’s contention that it is a “ward” or “municipal” office not included within the broader term is clearly untenable.

State v. Andrews

452 So. 2d 687 · Supreme Court of Louisiana · Jun 27, 1984

The record clearly supports a conviction on such a charge. Accordingly, defendant's conviction is modified to second degree murder (R.S. 14:30.1(1)). … The legal standards, however, have clearly changed. At the time of the Willie decision, the standard for review on appeal was the "no evidence" rule.

Short & Murrell v. Department of Highways

233 La. 735 · Supreme Court of Louisiana · Nov 12, 1957

LSA-R.S. 48:-22 provides as follows: “The department has all of the rights, powers, and immunities incident to corporations. … payment of its expenses, including the compensation of its officers and employees, and in the performance of its duties and functions. * * * ” Thus in view of the above-quoted laws the awarding of the contract in question was clearly

In Re Jordan

913 So. 2d 775 · Supreme Court of Louisiana · Jun 29, 2005

Respondent failed to produce evidence which was clearly exculpatory and should have resolved this issue in favor of disclosure. … Judge Johnson reiterates that Rule 3.8 was established to ensure not only professional responsibility but also to ensure a criminal defendant's right to due process.

State v. Jones

474 So. 2d 919 · Supreme Court of Louisiana · Jun 20, 1985

Having been granted immunity, Mingo testified about defendant's statements and his request to dispose of the TG & Y bag. … This evidence was clearly sufficient to support the conviction.

State v. Jones

46 La. Ann. 1395 · Supreme Court of Louisiana · Nov 15, 1894

verdicts which they are permitted by law to return, under an indictment charging a person with murder, is a verdict of manslaughter, as much so as to inform them that under an indictment for murder it is lawful for the jury to qualify … continuity, the intervals between the confessions, the places where each was made, the order in which they were made — everything, in fact, tending to show the circumstances under which the confessions were made, should be clearly

State v. Nix

327 So. 2d 301 · Supreme Court of Louisiana · Dec 8, 1975

Later testimony clearly established that the plastic banding strips were, in fact, utilized by law enforcement officials as a form of portable handcuff. The reference to "handcuffs" was therefore factual and proper. … Knight was granted immunity from prosecution to secure his testimony against appellants.

State v. Peart

621 So. 2d 780 · Supreme Court of Louisiana · Jul 6, 1993

Accordingly, Peart clearly has standing to contest the constitutionality of the system's application in his case. … The evidence in the present case clearly shows that by any prudent standard the legislature has failed to establish a system that consistently provides funds necessary for adequate indigent defense services in the Orleans

Ramey v. DeCaire

869 So. 2d 114 · Supreme Court of Louisiana · Mar 19, 2004

Pleadings which establish only possibility, speculation, or unsupported probability do not suffice to establish a *121 cause of action. See Todd v. … immunity provided by La.

State ex rel. Lemonnier v. Beard

34 La. 273 · Supreme Court of Louisiana · Mar 15, 1882

The evidence clearly establishes them to be as alleged by the litigants. … Lamantia, 33 A. 447 , we have clearly announced the law on that subject, and we affirm what we there said.

State ex rel. Board of Commissioners of the Lake Borgne Basin Levee District v. Bergeron

235 La. 879 · Supreme Court of Louisiana · May 26, 1958

It is fundamental that to enact is to decree, to establish by law and to perform or effect a law. To reenact is to enact again. … and qualified by the succeeding executive.

Adkins v. Huckabay

755 So. 2d 206 · Supreme Court of Louisiana · Feb 25, 2000

Our review of the record clearly supports this finding. Mr. … Clearly, the hybrid procedure employed by Ms. Kile falls outside the law.

Bouanchaud v. D'Hebert

21 La. Ann. 138 · Supreme Court of Louisiana · Feb 15, 1869

Parish Judge shall receive a salary of one thousand two. hundred doHbrs per-annum, and such fees as are established by Law for District Clerks.” … W.e think this section clearly creates the office of Parish Clerk, and the words “ex officio ” do toot make it the less an office of trust.

Carondelet Canal Navigation Co. v. City of New Orleans

44 La. Ann. 394 · Supreme Court of Louisiana · Mar 15, 1892

Certain privileges and immunities were granted to the company, among them exemption from taxation until the expiration of. the charter. … The act of exemption establishes a consideration. In several decisions the benefits to accrue to the community are specifically set forth. 11 M. 434.

State v. Allemand

153 La. 741 · Supreme Court of Louisiana · Apr 10, 1923

Of course, accused, as a witness in his own behalf, was subject to all the rules applicable to other witnesses; but he also enjoyed the same immunities,' and he eoula no more be compelled to answer a question accusing himself … The charge was further' objectionable, in that it was not qualified by the condition that the jury should find that the accused was actipg as a duly authorized officer, or believed that he was so doing, and would therefore

Vredenburg v. Behan

33 La. Ann. 627 · Supreme Court of Louisiana · May 15, 1881

, in derogation of common right, they must clearly establish the existence of the same, and bring themselves strictly within the provisions of the law on which they rest such claim. … This was clearly erroneous, as shown by frequent adjudications of this Court, which, in effect declare “ that an action for damages caused by the killing of a human being cannot be maintained.” Hubgh vs. N.

State v. Grey

257 La. 1070 · Supreme Court of Louisiana · Feb 24, 1971

In the light of the witness’s earlier statement that the two Grey boys participated in the burglary with him, his testimony before the jury that they were not present clearly constituted surprise upon a material matter “against … He said he could not tell how many whites and how many Negroes were qualified for inclusion in the general jury venire.

Pontchartrain Park Homes, Inc. v. Sewerage & Water Board

246 La. 893 · Supreme Court of Louisiana · Nov 9, 1964

The instant proceeding followed, its purpose being to establish the right of Pontchartrain to collect the legal interest provided for in its final judgment. … Since the prior judgment involved herein was at the most merely voidable and not absolutely void (it was not attended with any vices of form and the court was clearly vested with jurisdiction of the subject matter and of

Roe v. Picou

361 So. 2d 874 · Supreme Court of Louisiana · Aug 18, 1978

As in Rousseau , we reject any disqualification of a candidate because of technical alleged inadequacies in the description of the office sought, where both the candidate and his opponent were clearly aware of his intent … Picou simply mistakenly qualified for the wrong position. In my view, reformation of a candidate's application for public office by the courts establishes a dangerous precedent. Accordingly, I respectfully dissent.