Reports of Cases Argued and Determined in the Various Courts of Appeal of the State of Louisiana, Том 1F.F. Hansell, 1881 |
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action alleged amount answer appellee application authority Bank Bettis & Co bond C. P. Art cause cessio bonorum cited Civil Code Civil District Court claim Code consider Constitution contract counsel court a qua Court of Appeals creditor damages David Wallace debt debtor declares decree default defendant delivery demand determine dollars enforce evidence ex rel execution fact favor fieri facias filed Fourth District Court garnishee Gélé heirs injunction insolvent interest issue John McEnery judge a quo judgment appealed judicial jurisdiction legislation Louisiana Louisiana ex rel lower court matter MCGLOIN ment mortgage motion to dismiss obligation opinion owner parish of Orleans parties payment person petition plaintiff plea pleadings principal proceedings purchaser question reason reconvention record remedy rendered res adjudicata Rightor ROGERS rule seizure sheriff Sixth District Court Statutes subrogation sued suit Supreme Court surety thereof tion trial writ
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Стр. 29 - ... the exercise of the police power of the state shall never be abridged or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals or the general well being of the state.
Стр. 259 - The father, or, after his decease, the mother, are responsible for the damage occasioned by their minor or unemancipated children, residing with them, or placed by them under the care of other persons, reserving to them recourse against those persons.
Стр. 156 - The rule seems to be pretty clearly established that the measure of damages in such a case is the difference between the market value of the goods at the time and place of delivery and the market price.
Стр. 170 - That a purchase made by one whose duty it was to pay the taxes shall operate as payment only ; he shall acquire no rights as against a third party by a neglect of the duty which he owed to such party.
Стр. 260 - Masters and employers are answerable for^jjjj^*' °' the damage occasioned by their servants and overseers in the exercise of the functions in which they are employed. Teachers and artisans are answerable for the damage caused by their scholars or apprentices while under their superintendence. In the above cases responsibility only attaches when the masters or employers, teachers and artisans, might have prevented the act which caused the damage and have not done it.
Стр. 163 - individuals cannot by their conventions .derogate from the force of laws made for the preservation of public order or good morals. But, in all cases in which it is not expressly or impliedly prohibited, they can renounce what the law has established in their favor, when the renunciation does not affect the rights of others and is not contrary to the public good.
Стр. 127 - Retrospective legislation, except when designed to cure formal defects, or otherwise operate remedially, is commonly, objectionable in principle, and apt to result in injustice, and it is a sound rule of construction which refuses lightly to imply an intent to enact it.
Стр. 174 - ART. 1425. But though the heirs and other universal successors who have not made an inventory as is before prescribed are bound for the payment of all the debts of the succession to which they are called, even when the debts exceed the value of the property left them, they are not bound in solido, and one for the other, for the payment of the debts.
Стр. 279 - The rules of practice regulating appeals to, and proceedings in the Supreme Court, shall apply to appeals and proceedings in the courts of appeal, so far as they may be applicable, until otherwise provided by law.
Стр. 263 - Saunders, because the two cases differ from each other in a material fact; and it is a general rule, expressly recognized by the court in Sturges v. Crowninshield, that the positive authority of a decision is coextensive only with the facts on which it is made.