Page images
PDF
EPUB

INDEX

OF

PRINCIPAL MATTERS.

ACT.

1. There is no distinction as to the parties, between public and private
acts not recorded, in relation to the title to slaves. Between the parties
to a contract, an act under private signature has the same force and effect
as a notarial act. They differ as to the mode of proof.

ACTION.

PAGE.

Bradford's Heirs vs. Clark, 147

1. In a petitory action, when the plaintiffs fail to show title in themselves,
it will not be deemed necessary to inquire into the validity of the proceed-
ings in pursuance of which the property was sold to the defendant.

Vidal's Heirs vs. Duplantier, 37

2. In a petitory action, the plaintiff cannot recover any part of the land
in the possession of the defendant, which is covered by the defendant's title,
and is not shown to be embraced within the limits of the patent under which
the plaintiff holds.......
...Bowman vs. Flower, 106

3. In an action against A for a tort and B on a contract, it is not a joint
action, although both parties were brought before the court at once in the
same suit.........
.Regillo & Bryan vs. Lorente et als. 140

4. In a possessory action the parties are precluded from going into an
inquiry of title; and the defendant will not even be permitted to show that
the disputed premises is a public place or port destined to public use.
Depassau vs. Winter et als.

5. When the evidence shows that the locus in quo does not cover the high
road, a street, levee, or tow-path, and is consequently subject to private
ownership, whether the plaintiff be the real owner or not; or whether the
premises in dispute be public or appropriated absolutely to public uses, are
questions not permitted by law in possessory actions......

1

ib.

PAGE.

6. In an action of revendication to recover a slave, parole evidence is
inadmissible, in order to make out plaintiff's title, to show that the slave
was inventoried as part of their ancestor's estate by direction of defendant,
who claims him by a written title from said ancestor.

Bradford's Heirs vs. Clark, 147

7. An action of rescission for lesion beyond moiety, does not lie in relation
to the sale of slaves.......

ib.

8. In a possessory action, where the defendant alleges in his answer that
he purchased the disputed premises from the government of the United
States, and assumes to call on it to warrant his possession, the court will
disregard this part of the answer, and all the evidence that goes to establish
or invalidate titles on both sides........
...Thomas vs. Baillo, 410

9. The strict and legal inquiry in a possessory action is, "was the
plaintiff the actual possessor, as alleged by him, and did the defendant
disturb him and take possession.".

10. In a possessory action, when the judgment describes the contested
premises with sufficient accuracy to enable the sheriff to execute a writ of
possession, accompanied with a copy of the judgment, without exercising
a dangerous discretion, the judgment will not be disturbed....................................................

ib.

ib.

11. But in a possessory action, when the premises in contest are so
vaguely described in the pleadings that they cannot be designated with any
certainty, and the verdict and judgment are general, "that the plaintiff
recover the possession of the land sued for," they will be set aside as being
too vague, and the case remanded......
Williams vs. Kelso, 406

AFFIDAVIT.

1. An affidavit setting forth that certain depositions taken in another suit,
to which the plaintiff was a party, but not between the same parties, is
insufficient to obtain a new trial on the ground of newly discovered
evidence.........
.Ingram vs. Croft, 82

.....

2. Where a person swears, " to the best of his knowledge and belief," it is
sufficient, and the addition of this qualification does not detract from the
strength of the oath..........
.........Stoker vs. Leavenworth et al., 390
3. No affidavit to disprove the allegation for the removal of a cause to
the United States District Court, will be admitted.......

AMENDMENT.

ib.

1. Amendment correcting an error in the petition, by describing certain
timbers in a house frame to be poplar instead of walnut, as originally stated,
does not require an answer..........Spotts vs. Lange & Longuepe, 182

AMICABLE COMPOUNDERS.

PAGE.

1. In cases submitted to referees, without granting them the power to act
as amicable compounders, the court may revise and rectify any errors
contained in the award rendered by them................................. ...... Davis vs. Leeds, 471
2. When a cause is submitted to referees, with power to act as amicable
compounders, their award, rendered in pursuance of the submission, and
made in relation to the matters actually referred to them, is without
amendment, revision or appeal.

3. The award of amicable compounders, which has no relation to the
matters in dispute submitted to them, is absolutely null and void; and when
their acts show dishonesty, gross misconduct, want of due regard to well
settled principles, or extreme partiality in rendering their award, these will
be good grounds for setting it aside..........

4. Amicable compounders are not required to determine according to
strictness of law, but are authorised to abate something of this strictness in
favor of natural equity.......

5. The approval and formalities required in the homologation of an
award, are only intended to make it executory, and not for the purpose of
an examination on its merits.......

6. The law providing for submitting causes to amicable compounders,
whose award, if not impeached, is not subject to revision by the courts, is
not unconstitutional..........

ib.

ib.

ib.

ib.

ib.

APPEAL.

1. Where an appeal was taken from a parish in the Fourth Judicial
District to the Eastern District of the Supreme Court at New-Orleans, and
made returnable on the first Monday in January, when there was time to
have returned it to the November term preceding: On motion of the
appellee, the appeal was dismissed, as being irregularly taken.

Murphy vs. Bezout, 14

2. An agreement of the appellee endorsed on the record, that the cause
be postponed to the next term for trial, does not amount to a waiver of his
exception to the irregularity of the appeal......

.... ......

ib. 14

3. In an appeal where security is given merely and expressly for costs,
the execution of the judgment below is not suspended thereby; it is not a
suspensive but merely a devolutive appeal.

Grounx et als. f. p. c. vs. Abal's Executors. 17

4. An injunction bond given at the inception of the suit, cannot be
cumulated with the appeal bond given in the same suit on the appeal.................... ib.

PAGE.

5. A citation of appeal issuing without the seal of the court from
whence it issued, is not sufficient, and the appeal will be dismissed.

Campbell, Ritchie & Co. vs. Karr, 70

6. The signature of the clerk to the writ of citation is incomplete
without the signature of the court, which makes it evidence.......................

7. Without a sufficient citation in the first instance, the appellate court
cannot take cognizance of a case, and must dismiss it........

ib.

ib.

8. Where the wife was sued as heir, together with her husband, and the
citation of appeal is directed to her alone, and only served on the
husband: Held to be insufficient, and the appeal dismissed for want of legal
citation.........
.........Lanoue vs. Read et als. 112

9. Where the record is not filed in the Supreme Court on the return day
thereof, and no application is made to the court for leave to file it after
that day, the appeal will be dismissed on motion............Pond vs. Horton, 176
10. The service of citation without the petition of appeal, is defective and
insufficient. The Code of Practice, articles 581-2, expressly require the
service of both.......
.Taliaferro vs. King et als. 361

11. When the service of the process of appeal is defective and insufficient,
the appeal will be dismissed on motion of the appellee................................

12. Where two judgments are rendered in the same case, and the last is
appealed from and decided to be a nullity, the right of appeal on the first
judgment is suspended until the decision takes place, and an appeal may be
taken within a year from that period, although more than a year has
elapsed since signing the judgment appealed from.

ib.

Flint, Syndic vs. Cuny et al. 379
13. Where an appeal bond is executed for one-half more than the amount
of the judgment appealed from, and filed within ten days after the rendition
of such judgment, the appeal is suspensive as well as devolutive.

Bridge & Vose vs. Merle & Co. 446

14. The jurisdiction of the appellate court attaches, as soon as the appeal
bond is filed, and the court a qua has no longer authority to take any steps in
the case, except such as are necessary to transmit and bring up the record. ib.

15. An appeal must be made returnable within the next term of the
Supreme Court, if there be time to cite the appellee; if not, then to the
subsequent term thereafter; but the judge a quo cannot, by a second order,
extend the return day of the appeal, on the ground that the first day fixed
is not a judicial day.....

....

16. When the term to which a cause is made returnable fails, the
appellant may well file the transcript at the next term, within the three
judicial days after the return day; but the citation must be regular to the
return day, and the service in due time........

ib.

ib.

« PreviousContinue »