Reports of Cases Argued and Determined in the Supreme Court of Louisiana, Volume 22state, 1870 - Law reports, digests, etc |
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Results 1-5 of 89
Page 12
... judgment of the District Court be avoided , and that this cause be remanded to the lower court to be tried de novo . It is further ordered that the costs of this appeal be paid by the party who may ultimately be cast in this suit ...
... judgment of the District Court be avoided , and that this cause be remanded to the lower court to be tried de novo . It is further ordered that the costs of this appeal be paid by the party who may ultimately be cast in this suit ...
Page 22
... judgment was rendered ; therefore he could not incidentally and collaterally set up its nullity . In Bernard v . Vignaud , 1 N. S. p . 8 , a judgment had been obtained against Foque , as tutor of minors , with recognition of legal ...
... judgment was rendered ; therefore he could not incidentally and collaterally set up its nullity . In Bernard v . Vignaud , 1 N. S. p . 8 , a judgment had been obtained against Foque , as tutor of minors , with recognition of legal ...
Page 23
... judgment resisted in that case was pronounced a nullity on the grounds that there was no notice of seizure , and that the sale had been made after the decease of the defendant , without making his heirs parties . The proceedings in the ...
... judgment resisted in that case was pronounced a nullity on the grounds that there was no notice of seizure , and that the sale had been made after the decease of the defendant , without making his heirs parties . The proceedings in the ...
Page 33
... judgment , but as the change prayed for would affect others beside the appellants , it can not be granted , even if they had a good ground of complaint . They should have appealed , as judgments can not be amended as between appellees ...
... judgment , but as the change prayed for would affect others beside the appellants , it can not be granted , even if they had a good ground of complaint . They should have appealed , as judgments can not be amended as between appellees ...
Page 36
... judgment , on the ground that the District Court was divested of jurisdiction when he complied , within legal delays , with the order of appeal , by giving bond in the amount fixed by the judge , and that the said court could thereafter ...
... judgment , on the ground that the District Court was divested of jurisdiction when he complied , within legal delays , with the order of appeal , by giving bond in the amount fixed by the judge , and that the said court could thereafter ...
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Common terms and phrases
adjudged and decreed administratrix alleged amount annulled answer appeal bond attorney attorney at law authority avers bank Bank of Louisiana Baton Rouge bill of exceptions bond Brunot cent claim clerk contract cotton court a qua court be affirmed creditor debt defendant and appellant demand dismissed evidence ex rel execution executor favor fieri facias filed Fourth District Court garnishee ground heirs HOWELL hundred dollars husband indorsed injunction interest intervenor issue judge a quo judgment appealed jurisdiction jury land liable Louisiana LUDELING mandamus mortgage mortgage notes owner paid parish court parish of Orleans parties payment petition plaintiff and appellee plantation possession PPEAL prescription privilege proceedings promissory note purchased record Rehearing refused rule seizure sheriff Shreveport Sixth District Court slaves sold succession suit surety suspensive appeal TALIAFERRO thereof thousand dollars tion trial tutrix wife witness writ writ of mandamus WYLY
Popular passages
Page 612 - York, to be a provisional judge to hold said court, with authority to hear, try, and determine all causes, civil and criminal, including causes in law, equity, revenue, and admiralty, and particularly all such powers and jurisdiction as belong to the district and circuit courts of the United States...
Page 297 - States shall have a paramount lien upon all its assets; and such deficiency shall be made good out of such assets in preference to any and all other claims whatsoever, except the necessary costs and expenses of administering the same.
Page 537 - it extends to the protection of the lives, limbs, health, comfort, and quiet of all persons, and the protection of all property within the State.
Page 537 - Constitution, to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the Constitution, as they shall judge to be for the good and welfare of the commonwealth, and of the subjects of the same. It is much easier to perceive and realize the existence and sources of this power than to mark its boundaries, or prescribe limits to its exercise.
Page 304 - Comptroller, shall take possession of the books, records, and assets of every description of such association, collect all debts, dues, and claims belonging to it, and, upon the order of a court of record of competent jurisdiction, may sell or compound all bad or doubtful debts, and, on a like order, may sell all the real and personal property of such association, on such terms as the court shall direct...
Page 644 - Larceny is the felonious taking and carrying away of the personal goods of another.
Page 537 - There is also the general police power of the state, by which persons and property are subjected to all kinds of restraints and burdens, in order to secure the general comfort, health, and prosperity of the state, of the perfect right, in the Legislature to do which no question ever was, or, upon acknowledged general principles, ever can be, made so far as natural persons are concerned.
Page 259 - ... it is necessary to observe great caution to avoid giving an effect to these acts, which was never contemplated by the legislature. In terms, the whole body of the statute law was repealed; but these repeals went into operation simultaneously with the revised statutes, which were substituted for them and were intended to replace them, with such modifications as were intended to be made by that revision. There was no moment in which the repealing act stood in force without being replaced by the...
Page 487 - I bind myself, my heirs, executors and administrators, firmly by these presents.
Page 259 - In construing the Revised Statutes and the connected acts of amendment and repeal, it is necessary to observe great caution to avoid giving an effect to these acts which was never contemplated by the legislature. In terms, the whole body of the statute law was repealed; but these repeals went into operation simultaneously with the Revised Statutes, which were substituted for them, and were intended to replace them, with such modifications as were intended to be made by that revision.