Case law

City of Baton Rouge v. Cooley

418 So. 2d 1321 · Supreme Court of Louisiana · Sep 24, 1982

He differs on the one hand from a mere usurper of an office who undertakes to act as an officer without color or right, and on the other from an officer de jure who is, in all respects, legally appointed and qualified to … That appointment was therefore clearly violative of the unambiguous terms of the constitution.

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."

State v. Kestle

996 So. 2d 275 · Supreme Court of Louisiana · Dec 2, 2008

The court recognized "a well-established rule that nonexpert witnesses may testify as to whether a man is drunk or sober." … In reviewing the evidence, we find it sufficient to establish the defendant was intoxicated. The testimony of the trooper clearly established defendant was severely impaired.

State v. Vassel

285 So. 2d 221 · Supreme Court of Louisiana · Oct 29, 1973

Accordingly, we find an unbroken chain of custody was clearly established by these witnesses. Furthermore, the evidence was certainly relevant. R.S. 15:435. … A continuous chain of custody was clearly established, and there can be no doubt as to the relevancy of the pistol. Therefore, a proper foundation was laid for admitting the pistol into evidence.

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

Hunt v. Sims

184 La. 679 · Supreme Court of Louisiana · Mar 31, 1936

This was merely an ingenious attempt to exclude all evidence as would establish the fact that the return under review was incorrect, which was the precise question presented to the trial judge for his determination. … W'e are satisfied that the result of the primary election as promulgated by the Fifth judicial district democratic executive committee represents the declared wishes by 222 of the qualified electors who participated therein

State v. Fortenberry

307 So. 2d 296 · Supreme Court of Louisiana · Jan 20, 1975

Both eyewitnesses clearly saw the participants, who were not disguised and were within several feet of them. … This rule has nothing to do, in principle, with the trial rules of informality nor with the parol evidence rule permitting informalities to be established.' Wigmore, supra, § 2348.

Miller Transporters v. Public Serv. Com'n

518 So. 2d 1018 · Supreme Court of Louisiana · Jan 18, 1988

The evidentiary and procedural precepts are well established which govern the judicial review of Public Service Commission orders granting or denying certificates of public convenience and necessity. … Finally, he testified that other qualified intrastate carriers which were available were not called upon by Allied. T.

State v. Terrell

175 La. 758 · Supreme Court of Louisiana · Jul 20, 1932

The finding by the trial court, involving, as it does, a question of fact, should not be disturbed, unless it is clearly against the weight of the evidence. State v. Porteau, 52 La. Ann. 476 , 26 So. 993 ; State v. … So doing, we have no hesitancy in holding that the statement was freely and voluntarily made, and made without promise of reward or immunity, or intimation of such.

State v. Tate

130 So. 3d 829 · Supreme Court of Louisiana · Nov 5, 2013

Utilizing these principles, we find, and the parties do not dispute, Miller establishes a new rale. … However, as that matter was on direct review it is clearly inapplicable in the present proceedings. See Schriro v.

State v. Summit

454 So. 2d 1100 · Supreme Court of Louisiana · May 14, 1984

established defendant's guilt beyond a reasonable doubt. … He argues that selecting a "death qualified" jury under Witherspoon v.

Osterland v. Gates

400 So. 2d 653 · Supreme Court of Louisiana · Jun 22, 1981

Her succession was opened and Alma Fey qualified as administratrix of the succession. … We are unable to say that this finding was clearly wrong.

State v. West

173 La. 974 · Supreme Court of Louisiana · Jan 4, 1932

However, as murder includes manslaughter, and as one accused of murder has an interest in showing that he is under seventeen years of age to establish the want of jurisdiction of the trial court, that is, the district court … However, following the objection urged by the defendant, the district attorney, as appears from the second excerpt quoted by us from his argument, as shown by the bill, clearly, we think, disabused the *307 minds of the jurors

Jennifer Diane Nunez v. Pinnacle Homes, L.L.C. and Sua Insurance Company

180 So. 3d 285 · Supreme Court of Louisiana · Oct 14, 2015

As we explained in Ogea, the ^language of La.Rev.Stat. 12:1320(B) clearly establishes the limited liability of members of an L.L.C. as a general rule, where it states that “except as otherwise specifically set forth in this … When the LLC statutes were enacted, “professional” had a clearly defined technical meaning within the law of business entities. See JAMES S. HOLLI-DAY, JR., & H.

Frey v. Manhattan Life Ins. Co. of New York

182 La. 821 · Supreme Court of Louisiana · May 27, 1935

He said that disability was permanent, but on cross-examination .qualified his statement by saying that he was “not in position to say whether the man will be permanently disabled all his life, but at the present time he … Under the showing made by plaintiff, he is clearly entitled to recover the benefits provided for in the policy. Furthermore, he is entitled to penalties as required by Act No. 310 of 1910.

State v. White

321 So. 2d 491 · Supreme Court of Louisiana · Nov 3, 1975

In the present case, moreover, the guilt of defendant was established by eyewitness testimony. In State v. … Townsend was qualified as a firearms expert and was accepted as such by the defendant and the court. LSA-R.S. 15:466.

Scott v. Bank of Coushatta

512 So. 2d 356 · Supreme Court of Louisiana · Sep 11, 1987

Accordingly, the burden of proof for establishing a novation is on the person who asserts it. Placid Oil Co. v. … The Bank's conduct in this case clearly established that it had no right to rely on Langford's representations of agency and authority, whether made fraudulently or with reckless disregard of their veracity.

Kansas City Southern Ry. Co. v. Hendricks

150 La. 133 · Supreme Court of Louisiana · Jan 2, 1922

In order to accomplish this purpose, the town council submitted to the duly qualified property tax payers of the municipality a proposition to authorize the town to issue negotiable bonds in the sum of $300,000; the bonds … Hence the tax levy was premature, and the injunction sued out to prevent its collection will be perpetuated. [4,5] Defendants have pleaded the prescription of 60 days established by section 17 of Act 256 of 1910 against the

Kansas City So. R.R. v. Hendricks

150 La. 134 · Supreme Court of Louisiana · Jan 2, 1922

In order to accomplish this purpose, the town council submitted to the duly qualified property tax payers of the *Page 136 municipality a proposition to authorize the town to issue negotiable bonds in the sum of $300,000; … Hence the tax levy was premature, and the injunction sued out to prevent its collection will be perpetuated. [4, 5] Defendants have pleaded the prescription of 60 days established by section 17 of Act 256 of 1910 against

State v. Gremillion

542 So. 2d 1074 · Supreme Court of Louisiana · May 4, 1989

The article is clearly designed to apply in civil cases. … R.S. 14:31. [1] The statement nearly qualifies as a declaration against pecuniary interest.