Reports of Cases Argued and Determined in the Supreme Court of Louisiana, Τόμος 24state, 1872 |
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
action administrator agent alleged amount annulled attorney authority bales bond cent citation claim Company contract costs of appeal cotton creditors damages dative debt debtor declared decree defendant and appellant demand dismissed enforce evidence ex rel execution executor fieri facias filed Filhiol garnishee ground heirs HOWELL hundred dollars husband Iberville indorsement injunction interest intervenor issued judge a quo Judgment affirmed judgment appealed judgment in favor Judicial District Court Junius Daniel land Louisiana lower court LUDELING mandamus marriage ment mortgage nullity obligation owner paid parish court parish of Orleans parties payment person petition plaintiff and appellee plantation police jury Pontchartrain Railroad possession PPEAL prescription privilege proceedings promissory note purchaser question record recover Rehearing refused rendered res judicata seized sheriff Sixth District Sixth District Court sold solido subrogation succession sued suit TALIAFERRO testator thereof tion tutor writ WYLY
Δημοφιλή αποσπάσματα
Σελίδα 387 - must amount to force and coercion destroying free agency; it must not be the influence of affection or attachment; it must not be the mere desire of gratifying the wishes of another, for that would be a very strong ground in support of a testamentary act; further, there must be proof that the act was obtained by this coercion ; by importunity which could not be resisted ; that it was done merely for the sake of peace, so that the motive was tantamount to force and fear.
Σελίδα 14 - It requires equal justice to all. But the equality which is to be observed in relation to the public and to every individual consists in the restricted right to charge, in each particular case of service, a reasonable compensation, and no more. If the carrier confines himself to this, no wrong can be done, and no cause afforded for complaint.
Σελίδα 71 - The fundamental maxims of a free Government seem to require that the rights of personal liberty and private property should be held sacred. At least, no Court of Justice in this country would be warranted in assuming that the power to violate and disregard them — a power so repugnant to the common principles of justice and civil liberty — lurked under any general grant of legislative authority, or ought to be implied from any general expressions of the will of the people. The people ought not...
Σελίδα 26 - Constitution and thereafter all the provisions of said section shall apply. Nothing in this amendment shall be construed as preventing the Legislature from passing in...
Σελίδα 27 - It is within the undoubted power of State legislatures to pass recording acts by which the elder grantee shall be postponed to a younger, if the prior deed is not recorded within a limited time, and the power is the same whether the deed is dated before or after the passage of the recording act.
Σελίδα 12 - Code, the first of which (article 2315), as amended in 1884, declares that 'every act whatever, of man, that causes damage to another, obliges him by whose fault it happened to repair it...
Σελίδα 121 - ... power of punishing for contempts may arise, although instances of the kind are rare. We can scarcely think it compatible with the genius of liberal government and free institutions that there should be no shield to protect an individual against a tyrannical exercise by a judge of his power to punish for contempt, and therefore...
Σελίδα 9 - Although the general rule is, that damages are the amount of the loss the creditor has sustained, or of the gain of which he has been deprived, yet there are cases in which damages may be assessed without calculating altogether on the pecuniary loss or the privation of pecuniary gain to the party.
Σελίδα 299 - If only one of the parties acted in good faith, the marriage produces its civil effects only in his or her favor and in favor of the children born of the marriage.
Σελίδα 403 - That hereafter no instrument, paper, or document required by law to be stamped, which has been signed or issued without being duly stamped, or with a deficient stamp, nor any copy thereof, shall be recorded or admitted, or used as evidence in any court until a legal stamp or stamps, denoting the amount of tax, shall have been affixed thereto, as prescribed by law...