Case law

Horn v. Skelly Oil Co.

224 La. 709 · Supreme Court of Louisiana · Jan 11, 1954

It is the contention of the plaintiff, on the other hand, that (1) the bank having reserved "a one-half interest in and to all minerals and mineral rights in and under" the property, thereby established a mineral servitude … Such a reservation under our long recognized and established jurisprudence constitutes a servitude imposed upon the land, giving the owner thereof the right of ingress and egress for the purpose of exploring for and reducing

Moity v. Louisiana State Bar Association

239 La. 1081 · Supreme Court of Louisiana · May 31, 1960

immediately rather than wait until he has completed three years of study; and it was this action on the part of the Committee which led to the instant petition for permission to take the Bar examinations — a request which is clearly … premature since petitioner has obviously not qualified as an applicant to be admitted to practice; 2 his answers indicate he is not a graduate of a law school, and he has failed to furnish the Committee with the required

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

McCalop v. Stewart

11 La. Ann. 106 · Supreme Court of Louisiana · Feb 15, 1856

James McCalop made his will in the olographic form, which has been probated, and of which Nolan Stewart, one of the defendants, and husband of plaintiff, was qualified as executor. … The testator clearly expresses his intention that the property which he bequeaths to his great grandchildren, shall be kept together — that there shall be no partition of the same — until the heirs come to age.

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.

State v. O'QUINN

342 So. 2d 202 · Supreme Court of Louisiana · Jan 28, 1977

The record establishes that the witness was qualified by education and experience. … That date was clearly established by numerous witnesses, without any confusion. Consequently, the defendants suffered no prejudice from the failure to obtain the police report showing the date the offense was reported.

Detillier v. Kenner Regional Medical Center

877 So. 2d 100 · Supreme Court of Louisiana · Jul 6, 2004

, it did not change the provisions of R.S. 40:1299.39.1 which clearly detail that lawsuits may be filed against the covered state health care providers. … The essence of the MLSSA is that a person qualified or covered under the Public Act is insulated from being cast in judgment.

State v. Gomez

319 So. 2d 424 · Supreme Court of Louisiana · Oct 1, 1975

. * * * Defendant has failed to establish that the facts of the instant case demonstrate an abuse of discretion by the trial judge. The prospective juror, Mrs. … Whether a witness offered by one of the parties qualifies as an expert is a question of fact to be decided by the judge.

State ex rel. Gilmore v. Brittin

52 La. Ann. 94 · Supreme Court of Louisiana · Nov 15, 1899

The statute “in force” at that date, fixing the salary of his office, was, clearly, that part of Section 123 of the Act of 1896 which reads: “the several officers under this charter whose salaries exceed said constitutional … It follows that the law “in force” as to his salary when that Constitution came in esse was the one, which, obeying the mandate of the Constitution of 1879, established its amount at $3500.

Succession of Forsyth

21 La. Ann. 367 · Supreme Court of Louisiana · May 15, 1869

The decedent left an olographic will, which was admitted to probate soon after his decease, and Mills Judson, named as executor, was duly qualified. … The appellant should have resorted to the proof which these articles seem clearly to require in such cases. The sum of five hundred dollars given to Mrs.

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.

State v. Baldwin

388 So. 2d 664 · Supreme Court of Louisiana · May 19, 1980

District Attorney Parkerson was called to rebut an inference of immunity to witness Jones. The State did not know his presence was necessary until the immunity issue was raised, and he was not sequestered. … The record does not clearly show whether Baldwin was aware that he had left Ms. Peters to die a slow death.

State v. Morrow

440 So. 2d 98 · Supreme Court of Louisiana · Oct 17, 1983

The victim and the witness to the incident in the parking lot clearly testified that Burge alone performed the initial abduction. … The state argues that the facts establishing relator's lesser culpability were before the jury, but that argument underplays the role of advocacy.

Walton v. Normandy Village Homes Ass'n, Inc.

475 So. 2d 320 · Supreme Court of Louisiana · Sep 10, 1985

The defendants clearly failed to carry their burden under the presumption to prove that it is more probable than not that the work injury did not accelerate, aggravate or combine with the preexisting disease to produce the … He said even a simple cut or a simple upset stomach in a person whose immune system is compromised is a serious problem. Dr.

State v. Humphrey

412 So. 2d 507 · Supreme Court of Louisiana · Mar 12, 1982

In absence of qualifying provisions, the term intentional in the criminal code has reference to only general criminal intent. … The element of force or intimidation in a robbery (Arts. 64, 65) is not qualified by the word intentional as that word qualifies either the misdemeanor directly affecting the person in Art. 31 or the force or violence in

State v. Williams

250 La. 64 · Supreme Court of Louisiana · Jan 16, 1967

State, Okl.Cr., 302 P.2d 170 ; 1 Varon, Searches, Seizures and Immunities, pp. 380-381 (1961); 79 C.J.S. Searches and Seizures § 83, p. 905. … Clearly, the motion to suppress is unfounded. Hazel Jones’ Bill of Exception No. 2 Hazel Jones reserved this Bill to the denial of a motion for severance.

Nethken v. Nethken

307 So. 2d 563 · Supreme Court of Louisiana · Jan 20, 1975

In our judgment such an attack is clearly collateral and impermissible in our laws. … Testimony also establishes that she has, at times, adopted highly emotional and irrational methods of disciplining her children.

Ralph v. City of New Orleans

928 So. 2d 537 · Supreme Court of Louisiana · May 5, 2006

The City of New Orleans ("City") enacted local ordinances that acknowledge domestic partnerships and establish a Domestic Partnership Registry. … The spending of tax *539 money, no matter how minuscule the effect on the City budget, clearly affects the public fisc.

Edwards v. Edwards

29 La. Ann. 597 · Supreme Court of Louisiana · Jul 15, 1877

Edwards died in 1872, and Ms widow, Adeline Edwards, qualified as tutrix of the minors. In January, 1875, M. A. Edwards, administratrix, issued a fieri facias against W. S. … We clearly have jurisdiction. As to the sufficiency of the surety on the appeal bond, this court can not notice the objection, because it is a court of appellate jurisdiction only.

Lockett v. STATE, DOTD

869 So. 2d 87 · Supreme Court of Louisiana · Feb 25, 2004

C.C. art. 2315.2 clearly contemplates and allows for multiple beneficiaries in each of its four classes. … We find, as did the court of appeal, that this determination by the jury was not manifestly erroneous or clearly wrong.