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 2
... trial , the testimony of Robert Montgomery , a wit- ness for defendant , taken under commission in this case , showed that Taylor , one of the defendants , came to his plan- tation and told him the black boy then on board Taylor's sloop ...
... trial , the testimony of Robert Montgomery , a wit- ness for defendant , taken under commission in this case , showed that Taylor , one of the defendants , came to his plan- tation and told him the black boy then on board Taylor's sloop ...
Page 3
... trial , not based on any specific grounds ; but only on the general allegations , that the verdict and judg- ment were contrary to law and evidence . His counsel in this court assumes in his points , as filed , two grounds of error in ...
... trial , not based on any specific grounds ; but only on the general allegations , that the verdict and judg- ment were contrary to law and evidence . His counsel in this court assumes in his points , as filed , two grounds of error in ...
Page 10
... trial is prayed for on the affidavit of a party , that he has discovered important evidence since the trial ; if on an investigation it appear that the facts as stated in the affidavit do not exist , a new trial will be refused . This ...
... trial is prayed for on the affidavit of a party , that he has discovered important evidence since the trial ; if on an investigation it appear that the facts as stated in the affidavit do not exist , a new trial will be refused . This ...
Page 11
... trial having been refused , the defendant appealed . Preston , for appellant . Morse , for appellees , prayed the judgment of the court below might be amended by allowing them the full amount claimed according to the evidence on record ...
... trial having been refused , the defendant appealed . Preston , for appellant . Morse , for appellees , prayed the judgment of the court below might be amended by allowing them the full amount claimed according to the evidence on record ...
Page 12
... trial of the cause the defendant's counsel prayed the court to charge the jury that the plaintiff's claim was prescribed by the lapse of one year , according to Art . 3499 , of the Civil Code . But if not , that so much of it as did not ...
... trial of the cause the defendant's counsel prayed the court to charge the jury that the plaintiff's claim was prescribed by the lapse of one year , according to Art . 3499 , of the Civil Code . But if not , that so much of it as did not ...
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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.