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 133
... streets , = and between the river and the front row of houses . DE ARMAS ET AL vs. MAYOR , ETC. OF The plaintiffs are the vendees of the heirs of Thomas Bertrand , or Beltran . His dwelling house having been des- NEW - ORLEANS . troyed ...
... streets , = and between the river and the front row of houses . DE ARMAS ET AL vs. MAYOR , ETC. OF The plaintiffs are the vendees of the heirs of Thomas Bertrand , or Beltran . His dwelling house having been des- NEW - ORLEANS . troyed ...
Page 142
... streets and other public things . Institutes , lib . 1 , title 1 , sec . 1. 3 Partida , 28 , 6. Digest , lib . 1 , title 8 , art . 9 . Digest , lib . 43 , title 14 , art . 1 . 10. A port is defined locus conclusus quo importantur merces ...
... streets and other public things . Institutes , lib . 1 , title 1 , sec . 1. 3 Partida , 28 , 6. Digest , lib . 1 , title 8 , art . 9 . Digest , lib . 43 , title 14 , art . 1 . 10. A port is defined locus conclusus quo importantur merces ...
Page 143
... streets , cannot be appro- priated to private uses ; " and " if by a stretch of arbitrary power , the preceding government , " meaning the Spanish or French monarchs , " had given away such places to indi- viduals , such grants would be ...
... streets , cannot be appro- priated to private uses ; " and " if by a stretch of arbitrary power , the preceding government , " meaning the Spanish or French monarchs , " had given away such places to indi- viduals , such grants would be ...
Page 144
... streets , public squares , & c . 3 Part . title 32 , l . 3 . 8. In France quais could be built upon ; were susceptible of ownership by individuals , and the king could dispose of them as he pleased . 2 Valin , 453 , 468. Traité de la ...
... streets , public squares , & c . 3 Part . title 32 , l . 3 . 8. In France quais could be built upon ; were susceptible of ownership by individuals , and the king could dispose of them as he pleased . 2 Valin , 453 , 468. Traité de la ...
Page 145
... streets could be built upon by indi- viduals , if they had a concession to that effect from the king , or from the council to whom it belonged . This is a clear and positive proof that things destined for public uses could be applied to ...
... streets could be built upon by indi- viduals , if they had a concession to that effect from the king , or from the council to whom it belonged . This is a clear and positive proof that things destined for public uses could be applied to ...
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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.