Reports of Cases Argued and Determined in the Supreme Court of Louisiana, Том 5state, 1851 |
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Страница 3
... action of revendication , independent and beyond the scope of the origi- nal action , and that before it could be tried an issue in fact must be made by answer , or tacitly by a judgment by default . He farther maintains that no ...
... action of revendication , independent and beyond the scope of the origi- nal action , and that before it could be tried an issue in fact must be made by answer , or tacitly by a judgment by default . He farther maintains that no ...
Страница 4
... action , " says that author , " is often mistaken for the action en déclaration de simulation . This is an error . The object of the first is to The object of the second is to cause to be declared simulated , acts , the appearance of ...
... action , " says that author , " is often mistaken for the action en déclaration de simulation . This is an error . The object of the first is to The object of the second is to cause to be declared simulated , acts , the appearance of ...
Страница 20
... action in that case was based upon a contract made in New York , in 1844 , which was sought to be enforced under allegations of complete performance of its conditions on the part of the plaintiff , but the court was of opinion that the ...
... action in that case was based upon a contract made in New York , in 1844 , which was sought to be enforced under allegations of complete performance of its conditions on the part of the plaintiff , but the court was of opinion that the ...
Страница 23
... action of the law upon them . Notwithstanding the result of AND WILLCOX . the suit , the court held Freeman to the allegations and proofs he had made , and to his showing that the re - sale by him to Savage was an extinguishment of the ...
... action of the law upon them . Notwithstanding the result of AND WILLCOX . the suit , the court held Freeman to the allegations and proofs he had made , and to his showing that the re - sale by him to Savage was an extinguishment of the ...
Страница 33
... action on the part of the wife for a separation from bed and board from her husband , on account of ill treatment and abuse , which , it is alleged , she has for a long time suffered from him . The plaintiff had judgment in the court ...
... action on the part of the wife for a separation from bed and board from her husband , on account of ill treatment and abuse , which , it is alleged , she has for a long time suffered from him . The plaintiff had judgment in the court ...
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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...