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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Results 1-5 of 93
Page 2
... record to show that the negro who died on Montgomery's plantation was the same , for the price of which the present suit was instituted . 2. The plaintiff's case is fully made out by the notarial act attached to his petition , but the ...
... record to show that the negro who died on Montgomery's plantation was the same , for the price of which the present suit was instituted . 2. The plaintiff's case is fully made out by the notarial act attached to his petition , but the ...
Page 3
... record affords no proof of any redhibitory defects , & c . The last error alleged by the appellant seems to be unsup ported by the facts of the case . The testimony of the keeper of the police jail raises a violent presumption , that ...
... record affords no proof of any redhibitory defects , & c . The last error alleged by the appellant seems to be unsup ported by the facts of the case . The testimony of the keeper of the police jail raises a violent presumption , that ...
Page 11
... record . MATHEWS , J. , delivered the opinion of the court . This is a suit to recover from the defendant the value of materials furnished , of work and labor performed by the plaintiffs as builders of a house for the former . It is an ...
... record . MATHEWS , J. , delivered the opinion of the court . This is a suit to recover from the defendant the value of materials furnished , of work and labor performed by the plaintiffs as builders of a house for the former . It is an ...
Page 31
... record to bring the knowledge of Whether , when these notices home to the defendant . The evidence only place , personal proves he might have known of the departure of the boat , cessary . Query ? not that he did know of it . It perhaps ...
... record to bring the knowledge of Whether , when these notices home to the defendant . The evidence only place , personal proves he might have known of the departure of the boat , cessary . Query ? not that he did know of it . It perhaps ...
Page 35
... record , that the judgment of the court below is erroneous . 2. It is a property in contest between the parties , the sequestration and injunction were conservatory acts during the pending of the suit . Code of Practice , arts . 272 ...
... record , that the judgment of the court below is erroneous . 2. It is a property in contest between the parties , the sequestration and injunction were conservatory acts during the pending of the suit . Code of Practice , arts . 272 ...
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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.