Cases Argued and Determined in the Supreme Court of Louisiana, Volume 107F.F. Handell, 1902 - Law reports, digests, etc |
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Common terms and phrases
accused acres action adjudged and decreed affirmed alleged amount Appellee assessment authority averred bed and board Board bond BREAUX cause cents charge claim Constitution contract corporation costs counsel court was delivered creditors damages debt declared defendant defendant's dismissed District Attorney entitled evidence ex rel fact filed gallons Godchaux ground heirs held husband injunction interest issue James Brice judge judgment appealed Judicial District jurisdiction land lesion beyond moiety Levy license Louisiana marriage Morgan City mortgage motion objection opinion ordinance Orleans owner paid Parish parties payment person Peter Moran petition petitioner plaintiff Police Jury possession proceedings prosecution purchase question reason received record Red River Parish referred Rehearing rendered rule Section sell sheriff sold statute stockholders subrogation suit SYLLABUS tariff tax collector tax sale testified testimony thereof tion to-wit trees trial verdict Walter Guion Waterworks Company wife witness
Popular passages
Page 129 - Or, if any change, other than by the death of an insured, take place in the interest, title or possession of the subject of insurance except change of occupants without increase of hazards, whether by legal process or judgment or by voluntary act of the insured or otherwise...
Page 714 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
Page 104 - ... did not extend to the surgeon who opened the vein of a person that fell down in the street in a fit. The same common sense accepts the ruling, cited by Plowden, that the statute of...
Page 39 - It is necessary, says this learned author, "(a) that the person against whom the evidence is to be given had the right and opportunity to cross-examine the declarant when he was examined as a witness...
Page 30 - A private corporation," say the court, " created by the legislature, may lose its franchises by a misuser or a nonuser of them ; and they may be resumed by the government under a judicial judgment upon a quo warranlo to ascertain and enforce the forfeiture.
Page 104 - When the acts which create the obstruction are in themselves unlawful, the intention to obstruct will be imputed to their author, although the attainment of other ends may have been his primary object.
Page 104 - that whoever drew blood in the streets should be punished with the utmost severity,' did not extend to the surgeon who opened the vein of a person that fell down in the street in a fit.
Page 104 - Questions of policy of management, of expediency of contracts or action, of adequacy of consideration not grossly disproportionate, of lawful appropriation of corporate funds to advance corporate interests, are left solely to the honest decision of the directors if their powers are without limitation and free from restraint. To hold other* ise would be to substitute the judgment and discretion of others in the place of those determined on by the scheme of incorporation.
Page 229 - ... there must be some actual or threatened exercise of power possessed, or believed to be possessed, by the party exacting or receiving the payment over the person or property of another, from which the latter has no other means of immediate relief than by making the payment.
Page 539 - The answer is a general denial and a plea of contributory negligence. The...