Reports of Cases Argued and Determined in the Supreme Court of Louisiana, Том 5state, 1851 |
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Страница 16
... district court be affirmed with costs ; and it is further decreed , that the said plaintiff recover from the said Henry A. Ealer , the further sum of $ 38 , as damages for a frivolous appeal . ARABELLA FLORANCE AND HER HUSBAND v . T. C. ...
... district court be affirmed with costs ; and it is further decreed , that the said plaintiff recover from the said Henry A. Ealer , the further sum of $ 38 , as damages for a frivolous appeal . ARABELLA FLORANCE AND HER HUSBAND v . T. C. ...
Страница 24
... District Court of New Orleans . McHenry , J. W. A. Elmore , Attorney General , for the State . Wolfe and McHenry , for appellants . The judgment of the court was pronounced by KING , J. The defendant relies exclusively on an assignment ...
... District Court of New Orleans . McHenry , J. W. A. Elmore , Attorney General , for the State . Wolfe and McHenry , for appellants . The judgment of the court was pronounced by KING , J. The defendant relies exclusively on an assignment ...
Страница 25
... courts will not be reversed for slight errors , when there has been no attempt made to correct them by motion for new trial or otherwise in the court of the first instance . A 257 . PPEAL by defendant from the Fifth District Court of ...
... courts will not be reversed for slight errors , when there has been no attempt made to correct them by motion for new trial or otherwise in the court of the first instance . A 257 . PPEAL by defendant from the Fifth District Court of ...
Страница 26
... district court of $ 30 , that sum being allowed for freight instead of $ 60 - two per cent on $ 3000 -due by the bill of lading . We think the attention of the district judge ought to have been called to this item on a motion for a new ...
... district court of $ 30 , that sum being allowed for freight instead of $ 60 - two per cent on $ 3000 -due by the bill of lading . We think the attention of the district judge ought to have been called to this item on a motion for a new ...
Страница 28
... district court is therefore reversed ; and it is ordered , that Nicholas Tinner be appointed the administrator of the succession of the late Margaretha Brinkman , deceased . The succession paying the costs of both courts . ROBERT FARR v ...
... district court is therefore reversed ; and it is ordered , that Nicholas Tinner be appointed the administrator of the succession of the late Margaretha Brinkman , deceased . The succession paying the costs of both courts . ROBERT FARR v ...
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2d Ann action affirmed alleged amount appeal appellee applied appointed attorney authority bank bond Brenham cause cent charge claim Code considered Constitution contended contract costs counsel court was pronounced creditors damages debt debtor deceased declared decreed defendant defendant's District Court district judge dollars Doyal entitled evidence execution executors fact favor filed given ground heirs Houmas husband injunction insolvent interest issue judgment judicial jury Legislature liable Louisiana Louisiana State Bank marriage ment mortgage municipality notary object obligation opinion Orleans owner paid parish parties payment petition plaintiff plantation possession prescription present privilege proceedings promissory note pronounced by ROST pronounced by SLIDELL proved purchaser received record rendered rule seizure sheriff sheriff's deed sheriff's sale Shreveport slaves sold statute Stephen Henderson subrogation succession suit Supreme Court testator testimony tion trial tutor vendor verdict Victor Blanchard wife witness
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Страница 368 - 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 on that belief •o 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...
Страница 47 - It is, we think, a sound principle that, when a government becomes a partner in any trading company, it divests itself, so far as concerns the transactions of that company, of its sovereign character, and takes that of a private citizen. Instead of communicating to the company its privileges and its prerogatives, it descends to a level with those with whom it associates itself, and takes the character which belongs to its associates, and to the business which is to be transacted.
Страница 328 - Department, shall convert to his own use, in any way whatever, or shall use, by way of investment in any kind of property...
Страница 442 - A testator is always presumed to use the words, in which he expresses himself, according to their strict and primary acceptation, unless from the context of the will it appears that he has used them in a different sense ; in which case the sense, in which he thus appears to have used them, will be the sense in which they are to be construed.
Страница 87 - ... on any public land except such as is or may be reserved from sale by any law of Congress or proclamation of the President of the United States...
Страница 528 - ... the same shall be taken as to the creditors and purchasers of the persons aforesaid, so remaining in possession, to be fraudulent within this act, and that the absolute property is with the possession, unless such loan, reservation, or limitation of use or property, were declared by will or by deed, in writing proved, and recorded as aforesaid.
Страница 281 - The olographic testament is that which is written by the testator himself. In order to be valid, it must be entirely written, dated and signed by the hand of the testator.
Страница 87 - Congress has the sole power to declare the dignity and effect of titles emanating from the United States...
Страница 443 - ... the words of a will, aided by evidence of the material facts of the case, are insufficient to determine the testator's meaning, no evidence will be admissible to prove what the testator intended, and the will (except in certain special cases, see Proposition VII.) will be void for uncertainty.
Страница 442 - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense...