Reports of Cases Argued and Determined in the Supreme Court of the State of Louisiana ..., Volume 5A. T. Penniman & Company, 1834 - Law reports, digests, etc |
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Page 5
... effect which may be produced by it when EASTERN DIS . admissible in relation to the conviction , belief or persuasion of the truth of facts alleged in the minds of those called on to judge and determine on such facts . Men free and men ...
... effect which may be produced by it when EASTERN DIS . admissible in relation to the conviction , belief or persuasion of the truth of facts alleged in the minds of those called on to judge and determine on such facts . Men free and men ...
Page 9
... effect , with the owners of the property saved . In the instance now under considera- applicable to the tion , such an agreement was made by the consent of one of and cargo sunk in the Mississippi ri- the owners of the brig , which they ...
... effect , with the owners of the property saved . In the instance now under considera- applicable to the tion , such an agreement was made by the consent of one of and cargo sunk in the Mississippi ri- the owners of the brig , which they ...
Page 18
... effect as the curator of the minors , and on her part also renounced the succession . On these pleadings , the parties went to trial in the court below . There was judgment for defendants , and the 18 CASES IN THE SUPREME COURT.
... effect as the curator of the minors , and on her part also renounced the succession . On these pleadings , the parties went to trial in the court below . There was judgment for defendants , and the 18 CASES IN THE SUPREME COURT.
Page 26
... effect ; and The dismissal of sufficiency of the does not work an irreparable inju- until that judgment was rendered , no injury was inflicted , ry , and an appeal therefrom will be while an appeal from it would not have redressed ...
... effect ; and The dismissal of sufficiency of the does not work an irreparable inju- until that judgment was rendered , no injury was inflicted , ry , and an appeal therefrom will be while an appeal from it would not have redressed ...
Page 28
... effect . Notice in the newspapers is not sufficient , unless a knowledge of that notice be brought home to the party . Whether , when the party is in the place , personal notice is not necessary . Query ? The plaintiffs must show that ...
... effect . Notice in the newspapers is not sufficient , unless a knowledge of that notice be brought home to the party . Whether , when the party is in the place , personal notice is not necessary . Query ? The plaintiffs must show that ...
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Common terms and phrases
action adjudged and decreed admitted affidavit alleged amount answer appellee ARMAS ARMAS ET AL arpents authorised averred bill of exceptions bond cause cents Charles Morand city of New-Orleans Civil Code claim Code of Practice contended contract costs counsel Court be affirmed Court of Probates creditors curator damages dant deceased defendant appealed delivered the opinion demand DESTREHAN District Court EASTERN EASTERN DIS Erwin evidence execution executor facts favor February garnishees given grant ground heirs hundred dollars injunction interrogatories issued judge jury land LANFEAR laws of France levee locus in quo Louisiana March MARTIN MAYOR ment Morand mortgage obtained ordered owner Parish Court party payment person petition plaintiff plaintiff appealed plantation pleaded port possession prescription present promissory note proof public places purchase quay res judicata river slaves sold suit surety testimony tion tract trial vendee vendor verdict vessel witness Zacharie
Popular passages
Page 149 - ... reference to the use for which they are made ; and streets in a town or city may require a more enlarged right over the use of the land, in order to carry into effect the purposes intended, than may be necessary in an appropriation for a highway in the country ; but the principle, so far as respects the right of the original owner to disturb the use, must rest on the same ground, in both cases; and applies equally to the dedication of the common as to the streets. It was for the public use, and...
Page 433 - In respect to passengers, the case of the master is one of peculiar responsibility and delicacy. Their contract with him is not for mere ship room, and personal existence, on board, but for reasonable food, comforts, necessaries and kindness.
Page 375 - In commutative contracts, where the reciprocal obligations are to be performed at the same time, or the one immediately after the other, the party who wishes to put the other in default, must, at the time and place expressed in, or implied by the agreement, offer or perform, as the contract requires, that which on his part was to be performed, otherwise the opposite party will not be legally put in default.
Page 149 - All public dedications must be considered with reference to the use for which they are made; and streets in a town or city may require a more enlarged right over the use of the land, in order to carry into effect the purposes intended, than may be necessary in an appropriation for a highway in the country...
Page 399 - So. 366; Tropical Printing Co. v. Union Title Guarantee Co.. 180 La. 702, 157 So. 534. The state banking commissioner concedes that the intervener is an ordinary creditor for the amount .claimed subject to certain credits. It is ordered, adjudged, and decreed that the judgment of the district court be annulled, avoided, and reversed, and it is now ordered, adjudged, and decreed that there be judgment herein in favor of John F. Clark & Co., intervener, and against JS Brock, state banking commissioner,...
Page 149 - And after being thus set apart for public use, and enjoyed as such, and private and individual rights acquired with reference to it, the law considers it in the nature of an estoppel in pais, which precludes the original owner from revoking such dedication.
Page 428 - It is, therefore, ordered, adjudged and decreed, that the judgment of the District Court be annulled, avoided and reversed; and it is further ordered...
Page 416 - The judgment will be reversed, the verdict set aside, and the case remanded for a new trial.
Page 92 - Where rights are infringed, where fundamental principles are overthrown, where the general system of the laws is departed from, the legislative intention must be expressed with irresistible clearness to induce a court of justice to suppose a design to effect such objects.
Page 90 - ... interest at the rate of ten per cent, per annum on the amount of the judgment, and not more than twenty per cent, as damages, unless damages to a greater amount be proved; ***_» The judgment attacked bears eight per ccnt_ interest, and attorney's fee therein fixed is twenty-five per cent.