Reports of Cases Argued and Determined in the Supreme Court of Louisiana, Volume 37state, 1886 |
From inside the book
Results 1-5 of 82
Page 9
... demand alone but the whole is in dispute . Each item of the whole is contested in order to reduce the amount or altogether extinguish it . If the judg- ment had rejected the whole , the plaintiff could unquestionably have appealed . His ...
... demand alone but the whole is in dispute . Each item of the whole is contested in order to reduce the amount or altogether extinguish it . If the judg- ment had rejected the whole , the plaintiff could unquestionably have appealed . His ...
Page 10
... demand , as to appellant , for more than that amount . 4 R. 319 . The authorities to which the appellant refers are in cases in which the appellate court could have rendered in favor of the plaintiff , against the appellant , judgment ...
... demand , as to appellant , for more than that amount . 4 R. 319 . The authorities to which the appellant refers are in cases in which the appellate court could have rendered in favor of the plaintiff , against the appellant , judgment ...
Page 22
... demands for rescision on account of lesion , and on account of non - payment of the price , cannot be cumulated in the same ... demand on the following grounds : Parker vs. Talbot . 1. That her purchase is a 22 SUPREME COURT OF LOUISIANA .
... demands for rescision on account of lesion , and on account of non - payment of the price , cannot be cumulated in the same ... demand on the following grounds : Parker vs. Talbot . 1. That her purchase is a 22 SUPREME COURT OF LOUISIANA .
Page 23
... demand and reserved plaintiff's right to sue for and recover rents and revenues realized by him during his illegal possession of the property . The act of sale of August 7 , 1878 , is complete in form and is transla- tive of property ...
... demand and reserved plaintiff's right to sue for and recover rents and revenues realized by him during his illegal possession of the property . The act of sale of August 7 , 1878 , is complete in form and is transla- tive of property ...
Page 25
... demand cannot be cumulated with the demand for rescision on account of lesion beyond moiety . On the last mentioned ground the theory is that the sale is null ab initio ; on the former the complaint is that the price of a valid and real ...
... demand cannot be cumulated with the demand for rescision on account of lesion beyond moiety . On the last mentioned ground the theory is that the sale is null ab initio ; on the former the complaint is that the price of a valid and real ...
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Common terms and phrases
accused action adjudged alleged amendment amount annulled Appellee application Ardoyne Attorney authority averment Bank bond Briscoe Brugier cause cause of action certiorari charge Civil District Court claim complain Constitution contract corporation counsel Court was delivered creditors criminal damages debt debtor deceased declared Defendant and Appellant delivered by BERMUDEZ dismiss District Attorney district judge dollars duty enforce entitled error evidence ex rel executor fact filed fund ground indictment injunction insolvent issue Judgment affirmed judgment appealed judicial jurisdiction jurors jury Lionel Adams Louisiana Louque lower court mandamus matter ment Mollie Johnson mortgage motion nullity objection opinion owner Parish of Orleans party payment peremptory challenges persons petition Plaintiff and Appellant Plaintiff and Appellee plantation pleadings PPEAL Prescott proceedings proof provisions question reason record Rehearing refused rendered res judicata rule Shreveport statute suit testimony therein tion usufruct valid verdict witness writ
Popular passages
Page 132 - No foreign corporation shall do any business in this State without having one or more known places of business, and an authorized agent or agents in the same upon whom process may be served.
Page 88 - The registry preserves the evidence of mortgages and privileges during ten years, reckoning from the day of its date; its effect ceases, even against the contracting parties, if the inscriptions have not been renewed before the expiration of this time, in the manner in which they were first made.
Page 132 - States, the same shall not thereby become a foreign corporation, but the courts of this State shall retain jurisdiction over that part of the corporate property within the limits of the State in all matters which may arise, as if said consolidation had not taken place.
Page 525 - He has no extraterritorial power of official action; none which the court appointing him can confer, with authority to enable him to go into a foreign jurisdiction to take possession of the debtor's property; none which can give him, upon the principle of comity, a privilege to sue in a foreign court of another jurisdiction, as the judgment creditor himself might have done, where his debtor may be amenable to the tribunal which the creditor may seek.
Page 465 - The jury in all criminal cases shall be the judges of the law and of the facts on the question of guilt or innocence, having been charged as to the law applicable to the case by the presiding judge.
Page 237 - A corporation is an intellectual body, created by law, composed of individuals united under a common name, the members of which succeed each other, so that the body continues always the same, notwithstanding the change of the individuals which compose it, and which, for certain purposes, is considered as a natural person.
Page 971 - ... guise of such a contract, the real intent be merely to speculate in the rise or fall of prices, and the goods are not to be delivered, but one party is to pay to the other the difference between the contract price and the market price of the goods at the date fixed for executing the contract, then the whole transaction constitutes nothing more than a wager and is null and void.
Page 521 - No vessel belonging to any citizen of the United States, trading from one port within the United States to another port within the United States, or employed in the bank, whale, or other fisheries, shall be subject to tonnage tax or duty, if such vessel be licensed, registered or enrolled.
Page 7 - 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 150 - That no debt created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged under this act...