Case law

State ex rel. Attorney General v. Jonas

27 La. 179 · Supreme Court of Louisiana · Feb 15, 1875

Construing all the sections together with a view to give effect, if possible, to every part of the law, we conclude that the government established when the charter went into operation, in. … The law clearly contemplated a vacancy and the beginning of a new term at the time it required .the council to elect a city attorney for a term of two years.

State v. Faciane

233 La. 1028 · Supreme Court of Louisiana · Nov 12, 1957

Clearly there is no merit to either of these bills. … Counsel has thus clearly failed to carry the burden of establishing the judge abused his discretion in this respect, and, further, that this abuse resulted in reversible error.

Sampere v. City of New Orleans

166 La. 776 · Supreme Court of Louisiana · Jun 4, 1928

State Legislatures and city councils, who deal with the situation from a practical standpoint, are better qualified than the courts to determine the necessity, character and degree of regulation which these new and perplexing … conditions require; and their conclusions should not be disturbed by the courts unless clearly arbitrary and unreasonable.

Succession of Reilly v. American Bonding Co.

138 La. 315 · Supreme Court of Louisiana · Nov 2, 1915

On the brief filed on behalf of the defendant in this court, it is admitted that the evidence establishes that the item of $3,784.99 came into the hands of Woulfe while acting as dative testamentary executor, and that the … “With regard to the moneys which the principal had received, before the dáte of the bond sued on, of course the defendant is clearly not liable. There is no evidence that any money came into his hands after that time.”

Petetin v. His Creditors

51 La. Ann. 1660 · Supreme Court of Louisiana · May 29, 1899

Jules Petetin, having died, leaving minor children, issue of her marriage with Jules Petetin, he was appointed and qualified tutor, on September 19th, 1896. The revocatory action of H. & C. … This positive declaration of the Code clearly shows that even purely gratuitous contracts, those wholly without any consideration, come with the purview of this action.”

State v. Abney

347 So. 2d 498 · Supreme Court of Louisiana · Jun 20, 1977

We are unable to hold that, accepting the juror's earlier voicing of a position possibly prejudicial to the defendant, the trial court erred in nevertheless deeming the witness impartial and qualified when, upon the court's … Assignment 8 relates to admission of a taped statement by the defendant establishing the voluntariness of a confession.

State v. Mercadel

874 So. 2d 829 · Supreme Court of Louisiana · May 25, 2004

interest. (7) Creating private corporations, or amending, renewing, extending, or explaining the charters thereof; granting to any private corporation, association, or individual any special or exclusive right, privilege, or immunity … However, the transcript of the hearing held on July 16, 2003, clearly reveals that a supplemental motion to quash was filed and that the district court's ruling was intended to embrace all the statutory provisions challenged

Department of Highways v. Lykes Bros. S. S. Co.

209 La. 381 · Supreme Court of Louisiana · Dec 10, 1945

Section 8 of the act which created the Department of Highways reads as follows: “The Department of Highways shall have and enjoy all of the rights, pozvers and immunities incident to corporations; and shall have power to … Incapacities. — Corporations being intellectual persons, they are subject to various kinds of incapacities, some of which are inherent to their nature, others are established by law.”

DeGravelle v. Iberia & St. Mary Drainage District

104 La. 703 · Supreme Court of Louisiana · Nov 15, 1900

Drainage districts are established cither by the direct authority of the General Assembly or by delegated authority to different political subdivisions of the State. … The grounds on which this is done are not always very clearly indicated in the statutes.

State v. Augustine

241 La. 761 · Supreme Court of Louisiana · Apr 24, 1961

As a result of the hearing the Court issued an order appointing two physicians, the coroner and a psychiatrist, qualified experts in mental diseases, to examine into the present mental condition of the defendant and into … Alexander, who obtained the oral statement, was to the effect that when he obtained the alleged confession the accused was rational, spoke clearly, conversed with them, did not appear to be under sedation, he had permission

State v. Snyder

942 So. 2d 484 · Supreme Court of Louisiana · Sep 6, 2006

Proof of repeated striking of African-Americans over a number of cases *488 was necessary to establish a violation of the Equal Protection Clause. … In Batson, 476 U.S. at 92-93 , 106 S.Ct. at 1721 , the Court called the Swain requirement "a crippling burden of proof" that had made prosecutors' peremptory challenges "largely immune from constitutional scrutiny."

Jackson v. TULANE MEDICAL CENTER HOSP.

942 So. 2d 509 · Supreme Court of Louisiana · Oct 17, 2006

that the factfinder is clearly wrong or manifestly erroneous. … Lazarus' testimony at trial established that Dr. Hamner's notes on the procedure were inadequate, therefore Dr.

Smith v. Louisiana Dept. of Corrections

633 So. 2d 129 · Supreme Court of Louisiana · Feb 28, 1994

In a worker's compensation case, as in other cases, the appellate court's review is governed by the manifest error or clearly wrong standard. Freeman v. … Initially, we note it was not clearly established that the job at the Louisiana School for the Deaf would have paid plaintiff 90% of his pre-injury wages.

National Bank of Commerce v. Board of Sup'rs

206 La. 913 · Supreme Court of Louisiana · Nov 6, 1944

They argue that such was clearly the intent of the Legislature. … The policy of the State relating to the creation of excessive debts and the levying of overburdensome taxes is clearly set out in the statute.

Lam Ex Rel Lam v. State Farm Mut. Auto. Ins

946 So. 2d 133 · Supreme Court of Louisiana · Nov 29, 2006

that the fact finder is clearly wrong or manifestly erroneous. … Because appellate courts must perform this constitutional function, they have every right to determine whether the trial court verdict *143 was clearly wrong based on the evidence or was clearly without evidentiary support

Gregory v. Hardwick

218 La. 346 · Supreme Court of Louisiana · Nov 6, 1950

This suit was instituted by Louisa Gregory, who is the duly qualified testamentary executrix of the succession and a legatee, and also by the legatees Byrd Morris Lantz and Katie Lee Bettis. … These allegations disclose that the decedent and the defendant were married in 1922, and that in 1923 they established their matrimonial domicile in Shreveport.

State v. Doty

158 La. 842 · Supreme Court of Louisiana · May 25, 1925

There was clearly no violation of any right of defendant to the due process of the court, for the defendant had been granted all he asked for at that time. … The law does not require, and it is not practicable, that the tales jury box shall always contain the complement' of 100 names of men qualified for jury duty.”

Lapice v. Lapice

21 La. Ann. 226 · Supreme Court of Louisiana · Mar 15, 1869

The expression, the sum of fifty thousand dollars, mentioned in the third article of the marriage contract, is immediately qualified by adding the amount of a certain note which is fully described as the note sued on. … establish the inter-1 ruption of prescription.

State v. Hamilton

249 La. 392 · Supreme Court of Louisiana · Jun 6, 1966

Defense counsel objected to the question and answer, contending that the question sought and the answer furnished an opinion of a witness not qualified as an expert which is contrary to R.S. 15:463. … A like objection was made to the introduction of a photograph of the deceased victim showing the body in such a position that the bloody wound was clearly visible.

Succession & Community of Duhé

41 La. Ann. 209 · Supreme Court of Louisiana · Mar 15, 1889

Genevieve Madere was qualified and confirmed dative tutrix to said minors. … That this was clearly intended by the Legislature in adopting the Code, will appear from the perusal of the comparative provisions found in R. C. C. 3253, 316C, 3260.