Reports of Cases Argued and Determined in the Supreme Court of Louisiana, Volume 30, Part 1, Pages 1-800state, 1879 - Law reports, digests, etc |
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Page 57
... action of nul- lity pure and simple . The petition for removal was filed in 1874 , and is claimed under the act of Congress of 1789 . The action to annul a judgment is a pendant to the original suit , and a consequence of it . In that ...
... action of nul- lity pure and simple . The petition for removal was filed in 1874 , and is claimed under the act of Congress of 1789 . The action to annul a judgment is a pendant to the original suit , and a consequence of it . In that ...
Page 58
... action . The allegations of fact , on which appellant's action is based were not traversed : they are admitted to be true , and must be taken to be true for the purposes of this exception . By the general law of Louisiana suit must be ...
... action . The allegations of fact , on which appellant's action is based were not traversed : they are admitted to be true , and must be taken to be true for the purposes of this exception . By the general law of Louisiana suit must be ...
Page 160
... action . The judge sustained the rule and dissolved the injunction , and plaintiff appeals . For the purposes of the ... action , and whenever it is opposed to them . We think the petition does show a cause of action . It is therefore ...
... action . The judge sustained the rule and dissolved the injunction , and plaintiff appeals . For the purposes of the ... action , and whenever it is opposed to them . We think the petition does show a cause of action . It is therefore ...
Page 164
... action in the plaintiff to demand the specific thing which he asks the court to do . The rule shows that the property attached was intrusted to Mehaffy for keeping ; and it states no reason for taking it out of his keeping , no right in ...
... action in the plaintiff to demand the specific thing which he asks the court to do . The rule shows that the property attached was intrusted to Mehaffy for keeping ; and it states no reason for taking it out of his keeping , no right in ...
Page 182
... action , just as it is without jurisdiction of an action of partition between two individuals , who are majors and own property in common in their own right . But if it had jurisdiction , it had not the proper parties before it . The ...
... action , just as it is without jurisdiction of an action of partition between two individuals , who are majors and own property in common in their own right . But if it had jurisdiction , it had not the proper parties before it . The ...
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A. P. Field adjudged administrator affidavit alleged amount annulled answer attorney authority Bachelor of Laws Bank Board Board of Liquidation bond Carondelet Canal cause charge claim Clark Code constitution contract costs counsel court was delivered creditors Daniel Clark debt debtor deceased decree defendant and appellant demand District Court evidence ex rel execution executor fact favor fieri facias filed funds garnishee heirs husband injunction interest intervenor issued Joseph Wolf judge judgment appealed Judicial District Court jurisdiction lease liable Louisiana lower court mandamus ment mortgage opinion paid parish court parish of Orleans parties partnership payment person petition plaintiff and appellee police jury probate proceeding purchase question record rendered res adjudicata rule seized seizure sheriff sold statute subrogation succession sued suit surety tion trial usufruct uttering and publishing Warmoth wife witnesses writ
Popular passages
Page 38 - To lay with one hand the power of the government on the property of the citizen, and with the other to bestow it upon favored individuals to aid private enterprises and build up private fortunes, is none the less a robbery because it is done under the forms of law and is called taxation.
Page 20 - When several persons claim to be entitled to the same office or franchise, one action may be brought against all such persons, in order to try their respective rights to such office or franchise.
Page 472 - State, may remove such suit into the Circuit Court of the United States for the proper district, at any time before the trial thereof, when it shall be made to appear to said Circuit Court that from prejudice or local influence he will not be able to obtain justice in such State Court...
Page 189 - But a charge for services rendered or for conveniences provided is in no sense a tax or a duty. It is not a hindrance or impediment to free navigation. The prohibition to the State against the imposition of a duty of tonnage was designed to guard against local hindrances...
Page 51 - But the rule of law is clear, that where one, by his words or conduct, wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time...
Page 35 - In the argument, we have been reminded by one side of the dignity of a sovereign State, of the humiliation of her submitting herself to this tribunal, of the dangers which may result from inflicting a wound on that dignity ; * by the other, of the still superior dignity of the people of the United States, who have spoken their will in terms which we cannot misunderstand. To these admonitions we can only answer, that, if the exercise of that jurisdiction which has been imposed upon us by the Constitution...
Page 543 - But where each party is equally innocent, and there is no concealment of facts which the other party has a right to know, and no surprise or imposition exists, the mistake or ignorance, whether mutual or unilateral, is treated as laying no foundation for equitable interference. It is strictly damnum absque injuria.* § 152.
Page 340 - In any indictment for murder or manslaughter, or for being an accessory to any murder or manslaughter, it shall not be necessary to set forth the manner in which, or the means by which, the death of the deceased was caused, but it shall be sufficient in any indictment for murder to charge that the defendant did feloniously, wilfully, and of his malice aforethought, kill and murder the deceased...
Page 51 - Or, as it was said in another case, the rule of law is clear that where one, by his words or conduct, wilfully causes another to believe in the existence of a certain state of things, and induces him to act...
Page 690 - All judgments for money, whether rendered within or without the State, shall be prescribed by the lapse of ten years from the rendition of such judgments : Provided, however, that any party interested in any judgment may have the same revived, at any time before it is prescribed...