Case law

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.

State v. Cazes

262 La. 202 · Supreme Court of Louisiana · Jun 5, 1972

Besides, at the trial when, after -the State had qualified its chemical expert and was commencing its questipning of him for the purpose of establishing the chain of custody through the various police officers, defense counsel … Initially, there cannot be the slightest doubt that the savings clause clearly expresses the Legislature’s intent that all offenders of the former narcotic law, who have not been tried before the effective date of the new

State v. Krause

405 So. 2d 832 · Supreme Court of Louisiana · Sep 28, 1981

The rationale behind requiring strict compliance with the regulations was clearly enunciated by this court in State v. … Louis Watkins, Jr. of the First Circuit participated in this decision as Associate Justices Ad Hoc, joined by Chief Justice Dixon and Associate Justices Marcus, Blanche and Lemmon. [1] R.S. 32:662 establishes the following

State v. Rones

223 La. 839 · Supreme Court of Louisiana · Jun 1, 1953

The optician, on the other hand, as pointed out by the appellant, is engaged in the business of furnishing lenses to customers on the prescriptions of licensed optometrists or qualified physicians, putting the lenses into … For this purpose every consideration of public need and public policy upon which the Legislature could rationally have based such legislation should be weighed by the court, and, if the statute is not clearly arbitrary, unreasonable

L & B Transport Co., Inc. v. Louisiana Psc

602 So. 2d 712 · Supreme Court of Louisiana · Jun 26, 1992

MCX is the only carrier qualified to meet those requests. … The record clearly establishes that MCX has presented sufficient evidence from which the PSC could reasonably conclude there had been a clear showing that public convenience and necessity would be materially promoted by MCX's

State v. Gutierrez

15 La. Ann. 190 · Supreme Court of Louisiana · Apr 15, 1860

The court proceeds, “ Power, therefore is granted to the Legislature to establish inferior courts; but the power to choose the Judges thereof, when established, is vested elsewhere — -namely, in the qualified voters of the … Constitution, which declares that the jury iu criminal cases shall be an impartial jury of the vicinage, I think this court would have power, notwithstanding the dictum in 8 Rob. 582 , to declare a law unconstitutional where it clearly

Succession of Harris

179 La. 954 · Supreme Court of Louisiana · Apr 23, 1934

Harris duly qualified as executor under the will. Subsequently, Richard N. Harris qualified as his deceased mother’s testamentary executor in Louisiana. … This clearly appears from article 9 of her petition, wherein she expressly alleges that she “is a legatee of the said Mrs.

Hinton v. Winn Parish School Board

155 La. 666 · Supreme Court of Louisiana · Jan 21, 1924

On March 3, 1922, at special elections ordered by defendant school board, the qualified electors in the new Sikes and the new 1-Iart school districts, in Winn parish, voted in favor of the proposition to incur debt and to … The ordinances establishing these smaller districts were therefore not repealed.

First Sewerage Dist. v. City Council

215 La. 428 · Supreme Court of Louisiana · Apr 25, 1949

This bond issue was approved in 1947 by the qualified electorate. … Board of Commissioners of the Port of New Orleans, 153’-La. 664 [ 96 So. 510, 512 ], the Court said: “ ‘The investment in the board of “all. rights, powers and immunities incident to corporations” means, not that the board

State, Department of Highways v. Blair

285 So. 2d 212 · Supreme Court of Louisiana · Oct 29, 1973

The defendant in this case has clearly demonstrated that his horticultural specimens are improvements. … In my opinion, the majority departs from this well-established jurisprudence.

Frederick v. Brown Funeral Homes, Inc.

222 La. 57 · Supreme Court of Louisiana · Nov 10, 1952

“For many reasons the broadest protection has been afforded by law to preserve the immunity of the home from distresses and vexations of life, and to protect the happiness and contentment of the family, and such home should … The decision in that case is not controlling and is clearly distinguishable from a factual viewpoint, as pointed out by the trial judge in his return to the rule issued herein, in which he said: “ * * ' * respondent avers

Landry v. State

495 So. 2d 1284 · Supreme Court of Louisiana · Oct 20, 1986

The immunity the legislature meant to provide landowners for recreation activities does not extend, we concluded, to a recreational area within the state's largest urban center. … Having found the plaintiff established a strict liability case, and finding the hole presented an unreasonable risk of harm, we hold the Levee Board is liable for this defect which caused plaintiff's injury.

State ex rel. Hart v. Burke

33 La. Ann. 498 · Supreme Court of Louisiana · Apr 15, 1881

This suit has clearly for its object the appropriation in favor of a *504 private individual, who claims to be a creditor of the State, of money belonging to the State, which is in the State treasury, and which the State … The United States have always enjoyed the immunity. 9 U. S. R. 433 , 486; 9 L. R. Ch. D. 351. It is useless further to extract from authorities.

Fusilier v. Dauterive

764 So. 2d 74 · Supreme Court of Louisiana · Jul 14, 2000

Because we have this duty, we must determine whether the verdict was clearly wrong based on the evidence, or clearly without evidentiary support. Id. … Plaintiffs argue that, by failing to find that defendant was negligent, the trial court has accepted a standard of care which immunizes a physician from liability for his negligence, so long as the physician recognizes his

State Ex Rel. Bussie v. Fant

216 La. 58 · Supreme Court of Louisiana · Nov 7, 1949

“Only a few examples will be set out in the text, since the cases cited from numerous jurisdictions clearly and amply explain the legal principles controlling the remedy. … He rested his decision on the fact that Section 16 of Act No. 302 of 1910 established the budget system for administering the city’s fiscal affairs and granted the power of making up and controlling the budget exclusively

State v. Jackson

419 So. 2d 425 · Supreme Court of Louisiana · Sep 7, 1982

If he is an expert, he hasn't been qualified as such. The Court: Mr. Marionneaux, do you wish to rephrase your question? Mr. Marionneaux: Yes, sir. Q. … Upon reconsideration, we reject the view expressed on original hearing that defendant was not prejudiced by the trial court's clearly erroneous ruling.

State of Louisiana v. Wayne G. Taylor A/K/A Wayne Taylor

166 So. 3d 988 · Supreme Court of Louisiana · Mar 17, 2015

The rational trier of fact standard established by Jackson v. … The DNA evidence established that defendant had been on the premises at 251 F. Edward Hebert Boulevard and the “fresh drop” of the lighter established his presence contemporaneously with the January 2011 incident.

Trahan v. McManus

728 So. 2d 1273 · Supreme Court of Louisiana · Mar 2, 1999

The court concluded that the Act only applies to a claim by the patient against a qualified health care provider. … McManus clearly demonstrates that but for the negligent discharge, Terry Trahan would *1282 have had an excellent chance of survival.

In re Gerhardt

89 So. 3d 1169 · Supreme Court of Louisiana · May 25, 2012

However, the QDRO was still not qualified, and indeed, Ms. Angela Beaver of Mercer told Ms. … This was clearly not the case. On November 7, 2011, a year after he was hired by Mr. Brown and Ms. Hill to expedite the interdiction of Mrs. Caldwell, respondent informed the ODC that she had died.

State, in Interest of Bruno

388 So. 2d 784 · Supreme Court of Louisiana · Sep 3, 1980

The Code establishes various procedures for dealing with each of these classifications of children. In the chapter on pre-adjudication motions and relief, C.J.P. art. 61 provides: "A. … Counsel argues the scheme is a comprehensive one that considers every possibility and, by not stating that the state or the court may obtain a psychological examination of a child alleged to be delinquent, art. 61 clearly