Case law

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

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.

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

Harris v. Minvielle

48 La. Ann. 908 · Supreme Court of Louisiana · May 4, 1896

from all responsibility, but merely require that he should be protected, so far as he is speaking honestly for the common good; in these the privilege is said not to be absolute but qualified only; and the plaintiff will … We have given this ease special attention and examined it with care, and have reached the conclusion that plaintiff has clearly established the charges his petition prefers against the defendant, and that he is entitled to

State v. James

165 La. 822 · Supreme Court of Louisiana · Feb 13, 1928

The state clearly had the right to elicit evidence tending to show that a part of the property that was recently stolen from the store was found in defendant’s possession, in order to connect him- with the burglary and show … It does not clearly appear, from the evidence attached to the bill, whether the door to the jury room was closed during the examination or not, the evidence on the point being somewhat conflicting.

State v. Roach

338 So. 2d 621 · Supreme Court of Louisiana · Oct 6, 1976

Though the officers suspected, on the basis of uncorroborated information, that the residence was being used as a base for heroin sales by Johnson and Roach, their own testimony clearly establishes that they relied on the … Dunn qualified as an expert is supported by the record. Mr.

State v. McMorris

343 So. 2d 1011 · Supreme Court of Louisiana · Feb 28, 1977

sought to establish as the robbery weapon. … However, defendant further urges on appeal that the witness was not qualified to answer it.

Theriot v. Bayard

37 La. Ann. 689 · Supreme Court of Louisiana · Jul 15, 1885

Mary, and has not since changed his domicile, was appointed tutor to the plaintiff and qualified as such. … In the present instance it cannot be claimed, nor is it, that the court which rendered the judgment of homologation was incompetent ratione materia, for it clearly had probate jurisdiction.

Bosworth v. Whitley

627 So. 2d 629 · Supreme Court of Louisiana · Nov 29, 1993

If clemency is granted, the inmate joins the pool of other qualifying prisoners entitled to be considered by the Board for conditional early release on parole. … The scheme gives effect both to the Legislature's authority to define and establish penalties for criminal offenses and to the executive's plenary power to reprieve, pardon, commute and remit fines and forfeitures.

Polk v. State ex rel. Department of Transportation & Development

538 So. 2d 239 · Supreme Court of Louisiana · Jan 30, 1989

Those figures establish that while the state paid Mrs. … qualified for moving expenses under La.R.S. 38:3104.

State v. Johnston

207 La. 161 · Supreme Court of Louisiana · Dec 11, 1944

of Sunday, May 28, 1944, Alexander Johnston, the defendant herein and then a police officer of the City of New Orleans, became engaged in an argument and fight with a soldier while they were drinking together at a liquor establishment … a qualifying provision, thus compelling the conclusion that only a general criminal intent is required.

Progressive SEC. Ins. Co. v. Foster

711 So. 2d 675 · Supreme Court of Louisiana · Apr 23, 1998

We acknowledged that the grant of immunity arguably did deprive the plaintiffs of a protected property interest. … Clearly, residents in Louisiana are exposed to greater inciden[ts] of traffic deaths involving alcohol than people living elsewhere.

Levy v. Ford

41 La. Ann. 873 · Supreme Court of Louisiana · Oct 15, 1889

As soon as the paper comes into the hands of a holder, unaffected by any defect, its character as a negotiable security is established; and tlie( power of transferring it to others, with the same immunity which attaches in … C. 2187; second, because the intention to novate that obligation does not “ clearly result from the terms of the agreement.” R. C. C. 2190.

State v. Rideau

242 La. 431 · Supreme Court of Louisiana · Jan 15, 1962

Dugan’s voir dire examination as a whole and particularly the answers to questions propounded by the court clearly showed that he was qualified to serve as a juror in this case. … Furthermore, the voir dire examination as a whole clearly reflected that he was qualified and competent to serve as a juror in this case. This bill is without merit.

Lattin v. Hica Corp.

395 So. 2d 690 · Supreme Court of Louisiana · Mar 2, 1981

An odd lot claimant need not be absolutely helpless to qualify for total disability. … We consider the evidence clearly establishes a prima facie case for classification in the odd lot category, as plaintiff's pain appreciably limits the types of work available to him and greatly diminishes his ability to compete

State v. Mitchell

421 So. 2d 851 · Supreme Court of Louisiana · Oct 18, 1982

Sufficiency of Evidence The evidence established beyond a reasonable doubt that defendant obtained a controlled dangerous substance by means of a forged prescription. … In this case, defendant was not made any promises of immunity in exchange for his cooperation. See State v. Dison , above; R.S. 15:451.

State v. Raymond

258 La. 1 · Supreme Court of Louisiana · Mar 8, 1971

The majority first attempts to rationalize that the utterance here used to establish the states of mind is not hearsay. … It does not in my opinion qualify as res gestae even in Louisiana, or as a spontaneous declaration or excited utterance. Wigmore, op. cit. supra, §§ 1746 et seq.; McCormick, op. cit. supra, §§ 272-274. R.S.

Henson v. Safeco Ins. Companies

585 So. 2d 534 · Supreme Court of Louisiana · Sep 9, 1991

NOTES [1] As a resident of Henson's household, plaintiff qualified as an insured under the policy. [2] La.Rev.Stat. 22:1406D was amended again in 1987, to require specifically that the rejection or selection of lower limits … The failure to fill in an amount was ambiguous conduct regarding the intent of the insured, and proof of this failure clearly does not fulfill the insurer's burden of establishing rejection of UM insurance or selection of

Thomas v. Town of Arnaudville

721 So. 2d 1280 · Supreme Court of Louisiana · Dec 11, 1998

While the court referred to the strong evidence of “functional paraplegia,” that is simply another name for the conversion disorder which, as noted above, was ruled out by the qualified psychiatrist and psychologist. … Simply put, plaintiff failed to establish a post-accident physical disability by a preponderance of the evidence. The contrary conclusion by the court of appeal was clearly erroneous.

BD. OF COM'RS OF ORLEANS LEVEE DISTRICT v. Connick

654 So. 2d 1073 · Supreme Court of Louisiana · Mar 9, 1995

The Legislature's role in this instance is normative; the structure of our criminal justice system, where not dictated by constitutional considerations, is established by legislative enactment. … "Nor is any person immune from a criminal investigation." Perez, supra, 379 So.2d at 1386 .