Reports of Cases Argued and Determined in the Supreme Court of the State of Louisiana ..., Svazek 4A. T. Penniman & Company, 1833 |
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action adjudged admitted agent alleged amount answer appellee arpens averred bayou Teche bill of exceptions cause centum contended contract costs counsel Court be affirmed Court be annulled Court of Probates creditors curator damages dant debt debtor deceased decreed defendant defendant appealed delivered the opinion demand District Court donation EASTERN EASTERN DIS endorser execution executor facts favor fraud ground heirs hundred dollars husband injunction insolvent interest issue judgement jury latter locus in quo Louisiana Code marriage Martin McWaters ment mortgage New-Orleans notarial nullity objection obtained paid Parish Court parole evidence parties payment perty petition plaintiff appealed plea pleaded PORTER possession prayed prescription present Probate Court proceedings proof prove purchaser record recover rendered res judicata Sept sheriff slaves sold subrogated suit sureties Tarbe testator testimony third possessor thousand dollars tion trial vendee vendor verdict warranty WESTERN WESTERN DIS wife witness
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Strana 192 - Spain seem to have furnished that doctrine to the jurisconsults who prepared our code; and the exercise of such a right does appear to us utterly opposed to the principle, that the wife has no interest in the property, until the community is dissolved; for if she has not, how can she maintain an action to set aside the alienation ? Who ever heard of a suit, the sole basis of which was that the hopes and expectations of the plaintiff had been disappointed and defeated by the acts of the defendant....
Strana 81 - But in respect to repairs and necessaries in the port or State to which the ship belongs, the case is governed altogether by the municipal law of that State ; and no lien is implied, unless it is recognized by that law.
Strana 228 - ... calling on the plaintiff to show cause why the defendant should not be discharged out of custody, on entering a common appearance, on the ground of a variance between the writ and the copy served; the discrepancy being between the words " sheriffs of London " in the one, and " sheriff of London
Strana 253 - But the right of mortgage, in this case, shall only be realized in so far as the promise shall be carried into effect by the person making it. The...
Strana 66 - It is by no means true, as was contended in argument, that the acts of agents derive their validity from professing, on the face of them, to have been done in the exercise of their agency. In the more solemn exercise of derivative powers, as applied to the execution of instruments known to the common law, rules of form have been prescribed. But in the diversified exercise of the duties of a general agent, the liability of the principal depends upon the facts...
Strana 504 - Every disposition by which the donee, the heir, or legatee is charged to preserve for or to return a thing to a third person is null, even with regard to the donee, the instituted heir or the legatee.
Strana 129 - It is ordered, adjudged, and decreed that the judgment of the district court be annulled, avoided, and reversed, and it is now ordered, adjudged, and decreed that there be judgment herein in favor of John F.
Strana 90 - The 741st article provides, that the plaintiff against whom the injunction has been obtained, may compel the defendant to prove, in a. summary manner before the judge, the truth of the facts alleged in his opposition.
Strana 460 - A transaction or compromise is an agreement between two or more persons, who, for preventing or putting an end to a lawsuit, adjust their differences by mutual consent, in the manner which they agree on, and which every one of them prefers to the hope of gaining, balanced by the danger of losing.
Strana 552 - The plaintiff moved for a new trial because the verdict was contrary to the evidence. The motion was overruled and he excepted.