Case law

Lucas v. Berkett

233 La. 896 · Supreme Court of Louisiana · Oct 25, 1957

Board of Liquidation of City Debt, 110 La. 313, 314 , 34 So. 457, 464 , this court said: “An entry in the journals of character such as to clearly identify the matter brought up each time with that ultimately adopted as a … Article 14, Section 3(c) pertinently reads as follows: “There is hereby created in the said Parish a Jefferson Parish Charter Commission consisting of fifteen persons, who are residents and qualified voters of the said Parish

Bailey v. Khoury

891 So. 2d 1268 · Supreme Court of Louisiana · Jan 20, 2005

Bailey's claim has clearly prescribed. For the foregoing reasons, I respectfully concur in part and dissent in part. KNOLL, Justice, concurring. … Under the doctrine announced by this court in Danos , "it would be arbitrary and illogical to reward the tortfeasor with immunity from liability because the tortfeasor injured a viable fetus seriously enough to cause its

Joseph v. HOSPITAL SERVICE DISTRICT NO. 2

939 So. 2d 1206 · Supreme Court of Louisiana · Oct 15, 2006

The court of appeal found the contract as a whole clearly manifested an express intent to benefit Dr. Joseph. … Thus, SMAA is specifically and clearly granted the exclusive right to provide anesthesia services.

City of Lake Charles v. Wallace

247 La. 285 · Supreme Court of Louisiana · Jan 18, 1965

As stated in our original opinion, "Such an ordinance is clearly authorized without a vote of the electorate." See, City of Glendale v. Trondsen, 48 Cal.2d 93 , 308 P.2d 1 ; Marangi Bros. v. … Ordinance No. 1381 makes no provision for the collection and disposal of the garbage of commercial establishments; the ordinance levies no charge against such establishments.

McCauley v. Albert E. Briede & Son

231 La. 36 · Supreme Court of Louisiana · Jun 29, 1956

is open to attack only by a person whose rights are affected thereby, and that such person must show that enforcement of the law would be an infringement of his rights, it is incorrect to say that the plaintiffs fail to qualify … Indeed, unrestricted discretion as to what uses might be made of the properties in a community would not *49 only be contrary to sound social policy but clearly unconstitutional. * * * ” 10 It is clear that the provisions

In Re Joyce Nanine McCOOL

172 So. 3d 1058 · Supreme Court of Louisiana · Jun 30, 2015

We agree the examples clearly and convincingly establish respondent solicited the public to contact the presiding judges and this Court. … Heriard, 221 La. 151, 160 , 58 So.2d 836, 839 (1952)(“well established that the paramount consideration |ss... is the welfare and best interest of the child”).

State v. Alexander

255 La. 941 · Supreme Court of Louisiana · Mar 30, 1970

It is obvious, from a mere reading of the grounds above set forth, that the objection stated in paragraphs one and three are clearly without substance. … Hence; it must perforce. propound to the State witnesses questions to establish this as a fact.

State v. Wideman

218 La. 860 · Supreme Court of Louisiana · Feb 12, 1951

impression, when it was asked, the defendants were being tried for the crime of bootlegging, and that when it was fully explained to- him they were not, he satisfied the judge he was fair and impartial and he was, therefore, qualified … Under these circumstances we cannot see in what way their cause could have been prejudiced by the disallowance of this lone question, which was clearly an improper one.

Williams v. Bernstein

51 La. Ann. 115 · Supreme Court of Louisiana · Jan 23, 1899

The Ragan line, in Section 12, is an artificial ■or arbitrary one as clearly demonstrated by the map made by him. … contention of the plaintiff is that he purchased the land included in the calls of his deed, without reference to any particular survey and'without mention being made in the act of sale of any circumstances which would qualify

Fried v. Bradley

219 La. 59 · Supreme Court of Louisiana · Feb 12, 1951

The plaintiffs’ action is based primarily on the nullity of the deed by the four named executors of Sol Fried, who had qualified as such in the Chancery Court of *65 Warren County, Mississippi, but had not qualified as executors … our interest but we may not renounce that which is established in the interest of society.

State v. Kahey

436 So. 2d 475 · Supreme Court of Louisiana · Jun 27, 1983

Qualified jurors need not, however, be totally ignorant of the facts and issues involved. … The medical testimony given at trial clearly demonstrated the role of starvation in Arthur's death.

Avenal v. State

886 So. 2d 1085 · Supreme Court of Louisiana · Oct 19, 2004

Further, the qualifying Davis Pond leases were all "active and productive," and only qualified for evaluation under the damage formula if they agreed to a side-scan sonar survey using an acoustic remote-sensing device to … and allowed for retroactive effect for that expanded sovereign immunity).

State v. Stoma

199 La. 529 · Supreme Court of Louisiana · Nov 3, 1941

bill the Court ordered filed, numbered and recorded and warrants issued for the arrest of the accused, and when so arrested to be allowed bail as indicated on the face of the indictment, the Sheriff or any of his legally qualified … Since there is nothing in the record to show that the indictment in this case was properly endorsed and since the clerk has certified that the transcript brought up is complete in every detail, it clearly appears that there

Succession of Birba

48 La. Ann. 655 · Supreme Court of Louisiana · Feb 12, 1896

The succession of Peter Birba was opened and James Birba, his only heir, qualified as administrator. After the property of the succession had been sold the administrator filed an account. … Clark & Co., 45 An. 863, 870, this court directed attention to the importance of clearly and specifically pointing out the asserted error.

Mallard Bay Drilling, Inc. v. Kennedy

914 So. 2d 533 · Supreme Court of Louisiana · Jun 29, 2005

A taxpayer must clearly, unequivocally, and affirmatively establish his entitlement to a tax exemption provided by law. Archer Daniels, 01-0511 at p. 11, 802 So.2d at 1278 . … For a taxpayer to qualify for this exemption, the taxpayer must establish each of these statutory elements: (1) he is an owner or operator of a ship or vessel purchasing materials or supplies; (2) the materials or supplies

Holstein v. Guss

143 La. 6 · Supreme Court of Louisiana · Feb 25, 1918

Holstein, deceased,” and Guss, having qualified by taking the oath, etc. … The office of assessor, being of statutory creation, is clearly within the terms of the proviso of article 71 of the Constitution, which reserves to the General Assembly ‘‘the right to prescribe the mode of appointment or

Coleman v. Fire Ins. Patrol

122 La. 626 · Supreme Court of Louisiana · Nov 16, 1908

ner as is, or may, hereafter, be provided for the violation of the rights of the fire department” —the preceding section (4), which authorizes the association to maintain and use its apparatus, etc., contains the clause (qualifying … expressed by the Supreme Court of Massachusetts, and, holding that defendant is not a charitable organization, find it unnecessary to go further and consider the question whether, if it could be so regarded, it would be immune

LaBove v. Raftery

802 So. 2d 566 · Supreme Court of Louisiana · Nov 28, 2001

Because we have this duty, we must determine whether the verdict was clearly wrong based on the evidence, or clearly without evidentiary support. Id. … (n.s.) 494 , 1824 WL 1655 (La.1824), we stated: The question is one of fact alone and the rule established in this court is, that the decision in the inferior tribunal always governs here, unless it clearly appears to be

State v. Welch

368 So. 2d 965 · Supreme Court of Louisiana · Jan 29, 1979

This is said to be a conclusionary statement based upon the witness' opinion, an opinion she was not qualified to express. *970 We think the contention is without merit. … There is therefore no necessity to qualify a witness as an expert to express such an opinion. La.Rev.Stat. 15:464-467.

State v. Breedlove

199 La. 965 · Supreme Court of Louisiana · Dec 1, 1941

The article is merely a restatement of the rules which were well established at the time when the Code was adopted — thus: “353. … In reconciling the ruling that Millican was a qualified juror in the Addison case, with the ruling that Robertson was not a qualified juror in the Joiner case, the court said in the latter case: “While the court held the