Case law

Aurienne v. Mt. Olivet, Inc.

153 La. 451 · Supreme Court of Louisiana · Dec 29, 1922

Barnett, a notary public, in and for the city and parish of Orleans, state of Louisiana, aforesaid, duly commissioned and qualified, and in the presence of the witnesses hereinafter named and undersigned, personally appeared … Aside from the presumption which we. refer to, the case comes clearly within the rules established by the Civil Code.

State v. Goldstein

187 La. 353 · Supreme Court of Louisiana · Apr 26, 1937

The statement of the district attorney was made to serve as a predicate for the introduction by the State of testimony showing certain acts or conduct on the part of the defendant as would tend to establish his guilty knowledge … Evidence of that character was clearly admissible. Code CrimJProc. art. 446; State v. Colombo, 171 La. 475 , 131 So. 464 .

Succession of Fannaly v. Lafayette Ins. Co.

805 So. 2d 1134 · Supreme Court of Louisiana · Jan 15, 2002

Brown and UM coverage for the passengers in the Brown automobile. [5] Before addressing this issue, we note the well-established, general rules of contract interpretation. … The Lafayette policy clearly provides "[t]he owner ... of a `nonowned auto'" is not an insured.

State v. Investigation

245 La. 193 · Supreme Court of Louisiana · Nov 25, 1963

Clearly the order of the trial judge in this case was improvidently granted, for neither the Attorney General of Louisiana nor any district attorney has the right or authority to invoke the provisions of this statute unless … uncontrolled, and illegal public airing on the pretext that such scrutiny may possibly ferret out some crime or misdemeanor that has been committed by some unknown person or firm, even though the rights, privileges, and immunities

State v. Steele

161 La. 796 · Supreme Court of Louisiana · Jun 28, 1926

The' defendant appeals from a conviction of murder with a qualified verdict and a sentence to life imprisonment. … dangerous man could not be established in the manner attempted by proving the details of the antecedent difficulty.

Britton v. Bush

31 La. 264 · Supreme Court of Louisiana · Mar 15, 1879

Plaintiff relies on the proceedings and judgment against William Bush as establishing the necessary interruption or suspension. But we do not think they are adequate for that purpose. … And after clearly stating the same general theory, Laurent, in his recent and valuable commentary, applies it as follows": “One of the co-debtors recognizes a debt which is subject to a short prescription.

State v. Madison

345 So. 2d 485 · Supreme Court of Louisiana · Apr 11, 1977

While we appreciate counsel's reluctance to reveal his defense, we cannot overlook his failure to establish any genuine need for the location of the missing witness. … ASSIGNMENT OF ERROR NO. 18 Defendant argues that the trial court erred in qualifying Detective Daniel DeRoche as an expert in fingerprint identification.

In Re Warner

21 So. 3d 218 · Supreme Court of Louisiana · Apr 17, 2009

While protecting the reputations of ethical attorneys is clearly an important interest, as we interpret the jurisprudence of the Supreme Court, this interest does not qualify as compelling. … Doe court, and in the cited decisions, is clearly an invitation to participants in the proceeding to exercise their free will.

Ward v. Leche

189 La. 113 · Supreme Court of Louisiana · Jan 10, 1938

City of New Orleans, 106 La. 345 , 30 So. 842 . ' The following quotation from “American Jurisprudence,” volume 10, page 922, sets out clearly the purpose of civil service laws and what is generally understood to be the purpose … They require that appointments to office be made from among those who, by examination,, have shown themselves to be best qualified.

Parker, Seale & Kelton v. Messina

214 La. 203 · Supreme Court of Louisiana · Jun 1, 1948

“The suit at bar fails to qualify under any one of these conditions and the demand, therefore, should be denied, together with all costs to be paid by plaintiffs-appellees.” … Should probable cause be essential (a question we find unnecessary to decide), its existence is clearly shown by the wife’s pleadings in her separation suit against the husband.

State v. Lanning

134 La. 209 · Supreme Court of Louisiana · Dec 1, 1913

He was president of an insurance company duly organized but not having as yet one-half of its capital stock of 8300,000 paid in, and therefore not yet qualified under the laws of this state to write insurance. … “The bill must show that the grounds thereof were specifically and clearly stated.” Id. vol. 3, p. 411.

State v. Blassengame

132 La. 250 · Supreme Court of Louisiana · Feb 17, 1913

The assumption that evidence as to the occupation of a defendant in a criminal prosecution is per. se admissible is clearly erroneous, since no evidence is admissible which is wholly irrelevant to the issue to be tried, and … It will thus be seen that in a matter of vital importance the learned trial judge and the counsel for defendant differ radically as to whether a certain fact was established by the evidence, and, if the matter should stand

State v. Oliver

193 La. 1084 · Supreme Court of Louisiana · Nov 27, 1939

“The province of the motion in arrest of judgment is to assign some error patent on the face of the record, or some radical defect therein, the rule being that a defect that can be established only by the taking of evidence … However, if it can be shown that he swore falsely to qualify as a juror in order to convict the defendants as alleged in the motion, we think such action is sufficient ground to disqualify him.

State v. Murphy

234 La. 909 · Supreme Court of Louisiana · Nov 12, 1957

the property had been stolen”, thus dispelling any idea that the judge intended to convey to them that there is a factual presumption of guilt arising from possession alone but only that such recent possession tends to establish … It provides: “It shall not be sufficient cause to challenge the venire selected for any session of the court * * * or to set aside the venire, because some of the jurors on the list are not qualified to act, nor because of

Bearden v. Rucker

437 So. 2d 1116 · Supreme Court of Louisiana · Sep 2, 1983

Bearden's status under the policy, that is, whether she qualifies as a "named insured" within the meaning of the policy definition. … Bearden qualifies as a "named insured," for she is the spouse of "the individual named in Item 1 of the declarations" and "a resident of the same household."

Bertrand v. Knox

39 La. Ann. 431 · Supreme Court of Louisiana · Apr 15, 1887

In support of Ms contention plaintiff relies on a line of authorities in our reports which have “established a distinction between the technical sufficiency of a citation as a basis for the maintenance of proceedings and … Civil Code, and clearly distinguishes the plea herein made from the issues decided in the cases on which plaintiff rests his greatest reliance. In the case of Bush vs.

State ex rel. Department of Highways v. Hub Realty Co.

239 La. 154 · Supreme Court of Louisiana · Jan 11, 1960

Since these facts were established by ample proof, the trial judge properly rejected appellant’s special defense. … The plaintiff’s experts were all well qualified and experienced real estate appraisers and dealers.

Higginbotham v. Public Belt Railroad Commission

192 La. 525 · Supreme Court of Louisiana · Oct 31, 1938

Relatrix is the surviving widow of George Ernest Pligginbotham, who departed this life on the 2nd day of September 1937, in the parish of Jefferson, while in the employ of respondents, and is the duly qualified Natural Tutrix … Bernard, November 2, 1934, and she and her husband, subsequent to their marriage, established the matrimonial domicile in the City of New Orleans, Parish of Orleans.

State v. Comeaux

252 La. 481 · Supreme Court of Louisiana · Jun 4, 1968

The testimony of the officers and the return of the search warrant clearly and conclusively show that the evidence was in fact seized under the invalid warrant. … The return on the illegal search warrant includes the pinking shears and the cloth, and the return clearly indicates that they were obtained under this search warrant.

Trahan v. Police Jury of Jefferson Parish

225 La. 919 · Supreme Court of Louisiana · Jul 2, 1954

LSA-R.S. 18:1165, and provides that “Any other parish * * * may adopt the use of voting machines and be governed by this Chapter if the governing authorities thereof are authorized, to do so by vote of a majority of the qualified … State Highway Fund No. 2, originally established by Act 18 of 1918 (E.S.), is composed of the proceeds of vehicular registration fees in six lakefront parishes — St. Charles, St. John the Baptist, Tangipahoa, St.