Case law

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.

State v. Hebert

182 So. 3d 23 · Supreme Court of Louisiana · Oct 2, 2015

Relator also fails to show appellate counsel “ignored issues ... clearly stronger than those presented,” Smith v. … To show “prejudice” as required in order to establish ineffective assistance of counsel, the petitioner must demonstrate that, but for counsels’ unprofessional conduct, the outcome of the trial would have been different.

State v. Ceaser

249 La. 435 · Supreme Court of Louisiana · Jun 6, 1966

At the trial of the Celestine brothers Ceaser gave testmony which was clearly incriminating. … Two were excused by the court as tin-qualified-being unable to read or write. La.Code Crim.Proc. art. 172. Three were excused because they were traveling salesmen and claimed the exemption accorded them by law.

Continental Bank & Trust Co. v. Sacks

152 La. 97 · Supreme Court of Louisiana · May 29, 1922

These facts are in our opinion well established by the testimony of George Hearne, president of the bank, R. L. McJeter, cashier, and by R. J. Dougherty. … This paragraph clearly applies only to the parties to the instrument, “aE parties liable thereon.” The plaintiff bank is not a party to the Sacks note.

State ex rel. Cunningham v. Board of Assessors

52 La. Ann. 223 · Supreme Court of Louisiana · Dec 15, 1899

The State and City, in our opinion, are clearly entitled to the remedy given by the law to compel official performance of mere ministerial duty. … We are clearly of opinion that it is exempt from taxation, but not that property the association holds for other purposes.

Fellows v. Fellows

220 La. 408 · Supreme Court of Louisiana · Mar 19, 1951

He stated that he has testified in the court on the average of twice a year for the past 20 years, having qualified as an expert in this field in a number of states. … establish to the judicial mind convincing proof of the genuineness of the will herein attacked.”

STATE, DEPT. OF TRANSP. & DEV. v. Schwegmann Westside Expressway, Inc.

669 So. 2d 1172 · Supreme Court of Louisiana · Mar 1, 1996

that the finding is clearly wrong (manifestly erroneous). … More importantly, Schwegmann Westside refers to the trial testimony of three witnesses who were qualified as experts in the development of shopping centers and retail centers.

State v. Drew

360 So. 2d 500 · Supreme Court of Louisiana · May 22, 1978

Each of these three jurors clearly indicated that they could serve as a fair and impartial juror in the instant case. … In any event, we find that both witnesses were properly qualified as experts in their respective fields.

State Ex Rel. Cyr v. Long

174 La. 169 · Supreme Court of Louisiana · Jan 22, 1932

But it is my deliberate conclusion that the law warrants and every material and moral interest of the state demand, that its courts should confine themselves to the business for which they were established and keep their … But if it is not a contested election matter, then it is clearly a matter of “removal from office.”

Bond v. Texas & P. Ry. Co.

181 La. 763 · Supreme Court of Louisiana · Mar 4, 1935

Bond established a prima facie case, as far as ownership of the real estate in question was concerned. The record shows that on June 28,1887, Jacob Bodell, predecessor in title of Mrs. … In fact, it clearly appears that a great portion of the gin and the seed house were erected over the plaintiffs’ protest.

Gisclair v. Louisiana Tax Commission

44 So. 3d 272 · Supreme Court of Louisiana · Sep 24, 2010

The terms “manufacturing establishment” and "addition” as used herein mean a new plant or establishment or an addition or additions to any existing plant or establishment which engages in the business of working raw materials … We note at the outset the cases plaintiff relies upon in his various briefs to the courts are clearly distinguishable. Hester v.

State Ex Rel. Bass v. Mayor of Oakdale

204 La. 940 · Supreme Court of Louisiana · Jan 3, 1944

Relator, in his petitions, alleged substantially that there has been created and established in the Fifth Ward of Allen Parish and in the’City of Oakdale a city court known as the Fifth Ward City Court; that having been elected … Clearly, relator in his petitions charges that the Mayor and Board of Aldermen have abused that discretion in regard to the amount of salary the City should pay him as marshal of Ward Five.

State ex rel. Attorney General v. Wharton

25 La. Ann. 2 · Supreme Court of Louisiana · Jan 15, 1873

Ilis interest is-in having the legality of said board established at the time it was-'exercising its functions. … But we are clearly of opinion that no such effect followed the passage of the said act.

State v. Rosiere

488 So. 2d 965 · Supreme Court of Louisiana · May 20, 1986

Finally, after being confronted with various discrepancies in his statements and being offered immunity, McFarland agreed to testify truthfully at defendant's trial. … In addition, since the suppressed evidence supports defendant's claim that the homicide was justifiable and contradicts portions of McFarland's testimony, it is clearly favorable to defendant.

Estate of Patout v. City of New Iberia

738 So. 2d 544 · Supreme Court of Louisiana · Jul 7, 1999

Unrefuted testimony established that this unauthorized dumping usually occurred when the access road to the dump site became muddy and wet, making the rear of the landfill inaccessible. … Rather, it aids this Court in the determination of whether the damage complained of qualifies as damage "for public purposes."

Smith v. Southern Holding, Inc.

839 So. 2d 5 · Supreme Court of Louisiana · Jan 28, 2003

The right to select one treating physician is clearly conferred upon the employee, not the employer. … The Fourth Circuit, the very court relied upon by the majority in this case, has recognized that this course of conduct qualifies as a claimant's selection of a treating physician under La.Rev.Stat. 23:1121(B).

Regan v. Adams Express Co.

49 La. Ann. 1579 · Supreme Court of Louisiana · May 31, 1897

A supply of food and water, however, will not operate as immunity to the common carrier, in failing to unload animals which should be unloaded for illness or other sufficient cause. … It is abundantly established by uncontradicted testimony that there were no chutes at that station to unload live stock from the passenger train. ■ It was, therefore, impossible to lead out the two horses from the car while

HOUSING AUTHORITY OF LAKE ARTHUR v. T. Miller & Sons

239 La. 966 · Supreme Court of Louisiana · Apr 25, 1960

The first defense is that there was no acceptance of the contractor’s bid *975 as the alleged acceptance was qualified and conditioned upon the approval of the Public I-Iousing Authority, a third party. … This approval by the federal agency is fully established by its letter of May 12, 1952, well within the thirty-day period.

Powell v. Regional Transit Authority

695 So. 2d 1326 · Supreme Court of Louisiana · Jun 18, 1997

on the bus and that the bus driver should have seen the flashing lights on the police unit as she turned the corner, allocated five percent fault to Singleton and ninety-five percent fault to Officer Jones, plaintiff's immune … However, the private corporation was not mentioned in this record, which clearly established that Singleton was an employee of the RTA who was vicariously liable for her torts in the course and scope of employment. [10] There