Case law

State v. McCauley

272 So. 2d 335 · Supreme Court of Louisiana · Jan 15, 1973

Henry [ 196 La. 217 , 198 So. 910 ] decision and should clearly not have been denied because of State v. … Hall, 256 La. 336 , 236 So.2d 489 (1970), this Court stated: "These photographs were clearly relevant to the burden imposed upon the State to establish the killing beyond a reasonable doubt.

American Surety Co. of New York v. Ryan

185 La. 678 · Supreme Court of Louisiana · Jun 30, 1936

“established” its claim prior to the date on which the concursus was provoked. The word “established,” as used by us in the Victor v. … Clearly it was intended that the bond or deposit should be held subject to any and all debts incurred in this state by the company qualified to do business here, not only those arising from “risks” incurred in this state,

State v. Reese

250 La. 151 · Supreme Court of Louisiana · Jan 16, 1967

When this law is applied to the facts in the instant case, it is obvious the statements sought to he excluded under these four bills were clearly not admissible as “dying declarations” of Miss Blades. … This argument is clearly without merit.

State ex rel. Bell v. Hufty

11 La. Ann. 303 · Supreme Court of Louisiana · Apr 15, 1856

the removal of whom has been otherwise provided for by this Constitution;” and'whereas, a Sheriff is a- civil officer, whose removal is not otherwise'provided for by the Constitution ; and whereas, it has been indubitably established … The Act of March loth, 1855, (p. 370) relied upon by the appellant, fully recognizes the'two-distinct but co-existing modes of removal indicated so clearly in the Constitution Itself.

Lombard v. Sewerage & Water Board of New Orleans

284 So. 2d 905 · Supreme Court of Louisiana · Oct 29, 1973

immunity is inapplicable here, there is none. … Any person assuming the position of owner, usufructuary, possessor in good or bad faith, or lessee, may qualify as proprietor by virtue of an expansive interpretation.

Calhoun v. Lane

39 La. Ann. 594 · Supreme Court of Louisiana · May 15, 1887

, to show that an established contract “turned to her advantage.” … Both the Code and the decisions quoted clearly indicate what defendant’s remedy and redress are.

Quest v. Rills

8 Mart. (N.S.) 581 · Supreme Court of Louisiana · Feb 15, 1830

His appointment appears to have been made in conformity with the rules established by law; and he seems to have qualified himself in all respects, as required, to discharge the trust reposed in him, except, that it does not … According to this article of the code, it is clearly the duty of a curator of a vacant estate, to take the oath prescribed, before he enters on the performance of the duties which arise out of his official situation; and

State ex rel. Attorney General v. Lazarus

39 La. Ann. 142 · Supreme Court of Louisiana · Feb 15, 1887

The widow was appointed and qualified as tutrix of her minor children, and an under-tutor was appointed. … But the law, in the exercise of a wise policy, has hedged around judges of courts with peculiar immunities.

State ex rel. Labauve v. Michel

121 La. 374 · Supreme Court of Louisiana · Apr 18, 1908

Articles 1 and 2 of our Constitution are those which declare that government is established for the good of the people, and that no one shall be deprived of life, liberty, or property without due process of law. … The right of the Legislature to adopt a regulation by which voters not qualifying by party affiliation may be excluded from primaries has been often recognized. Kenneweg v.

New England Mortgage Security Co. v. Metcalfe

49 La. Ann. 347 · Supreme Court of Louisiana · Feb 1, 1897

Metcalfe was the qualified tutrix of Miss Sallie B. … The inventory, it is true, is a guarantee established by law in the interest particularly of minors and others who are not sui juris.

State v. Sherer

411 So. 2d 1050 · Supreme Court of Louisiana · Mar 1, 1982

Additionally, the state introduced testimony of the eye witnesses to the accident as well as the investigating officer and others, all of which tended to establish that the defendant was clearly guilty of criminal negligence … Moreover, he had previously qualified as an expert in accident reconstruction in the District Courts of this state.

State v. Barksdale

247 La. 198 · Supreme Court of Louisiana · Dec 14, 1964

No system or policy of discrimination is established merely because there are none employed at the present time. … And the burden of establishing racial discrimination rests upon the accused. Hernandez v. State of Texas, supra, and State v. Goree, supra.

Stephenson v. List Laundry & Dry Cleaners, Inc.

186 La. 11 · Supreme Court of Louisiana · Nov 30, 1936

“The two above-named establishments, although shown to be holding and subsidiary companies, respectively, were distinct organizations. … The relatrix’ interpretation of the omnibus clause of the policy is erroneous, for it is clearly shown that, at the time of the accident, the truck was operated without the knowledge or consent of the owner, by an employee

State ex rel. Cheevers v. Duffel

32 La. Ann. 649 · Supreme Court of Louisiana · May 15, 1880

We are clear that the Convention of 1879 intended that at the adoption of the Constitution which it framed the judiciary system created and established under the Constitution of 1868 should cease, and should be superseded … important is it that judicial officers, who are particularly entrusted with the administration of justice, be not interfered with and molested while fulfilling their functions, unless the interference or molestation be clearly

LeBreton v. Rabito

714 So. 2d 1226 · Supreme Court of Louisiana · Jul 8, 1998

DECREE We find that although the plaintiff's claim was suspended from August 19, 1992, until November 12, 1996, her action for wrongful death was clearly prescribed by February 3, 1997. … This result, which clearly harmonizes the two provision at issue, is, in fact, mandated by the long-standing jurisprudential rule: Where there are two permissible interpretations of a prescriptive statute, the courts must

Fluker Community Church v. Hitchens

419 So. 2d 445 · Supreme Court of Louisiana · Sep 7, 1982

On the record as a whole, the trial court's determination to the contrary is clearly incorrect. … Since Fluker does not have a right, which the law will recognize, to be immune from the use and control of Tract A by A.M.E., it is not entitled to injunctive relief. Terrebonne Police Jury v.

Henning v. Town of Sulphur

191 La. 979 · Supreme Court of Louisiana · Feb 17, 1939

The plaintiff, a duly qualified elector and resident taxpayer of the Town of Sulphur, Calcasieu Parish, Louisiana, instituted this action in his individual capacity and as the representative of the duly qualified resident … Since the proces verbals attached to the petition and the agreed statement of facts establish definitely that the results of both elections were promulgated more than 60 days prior to the filing of this suit, it is clear

State v. Carricut

157 La. 140 · Supreme Court of Louisiana · Nov 3, 1924

only nine years old, in the primer grade at school, and is unable to answer questions accurately without their being first put in the form of a leading question; (2) he is reluctant, hesitates on all questions asked, and clearly … But the record not only does not establish that fact, but actually negatives it.

State v. Mason

403 So. 2d 701 · Supreme Court of Louisiana · Sep 8, 1981

All other testimony concerning this pipe appeared clearly adverse to the defense. … Plainly, this evidence was sufficient to establish the accused's identity as Mrs. Kennon's assailant beyond a reasonable doubt. Jackson v. Virginia, supra . Counsel's further contention that the snatching of Mrs.

Thibodeaux v. Jurgelsky

898 So. 2d 299 · Supreme Court of Louisiana · Mar 11, 2005

The products of conception become necrotic, they start releasing toxins, and the immune system starts getting involved; it can turn into a life-threatening situation. Concerning the fibroid Mrs. … "Some" expert testimony is necessary to establish this aspect of materiality because only a physician or other qualified expert is capable of judging what risk exists and the likelihood of occurrence.