State v. Ellington, 96 So. 529 (La. 1923). · Go Syfert
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State v. Ellington, 96 So. 529 (La. 1923). Cases Citing This Book View Copy Cite
29 citation events (6 in the last 25 years) across 4 distinct courts.
Strongest positive: Hoffman v. Bailey (laed, 2017-06-20)
Treatment trajectory · 1925 → 2026 · click a year to view as-of
1925 1975 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Hoffman v. Bailey
E.D. La. · 2017 · confidence medium
Co., 153 La. 677, 681 , 96 So. 529, 530 (1923) (stating that it is "necessary” to show “ ‘a fault’ on the part of a defendant” to bring a libel suit); Covington v. Roberson, 111 La. 326, 335 , 35 So. 586, 590 (1903) (determining that in a slander action, "malice is the essence, and it must be proved, in order that plaintiff may recover”). .
discussed Cited as authority (rule) Williamson v. Historic Hurstville Ass'n
La. Ct. App. · 1990 · confidence medium
Co., 153 La. 677 , 96 So. 529, 530 (1923), observes: "Under the laws of Louisiana, libel is a quasi offense, actionable under the broad provisions of article 2315 of the Civil Code: ..." * * * * * * One cannot falsely accuse another of some grave misdeed such as murder or prostitution without being at fault in some way, within the meaning of La.C.C. 2315, at least through "his negligence, his imprudence, or his want of skill." C.C. 2316.
discussed Cited as authority (rule) Munson v. Gaylord Broadcasting Co.
La. Ct. App. · 1986 · confidence medium
Co., 153 La. 677 , 96 So. 529, 530 (1923), observes: "Under the laws of Louisiana, libel is a quasi offense, actionable under the broad provisions of article 2315 of the Civil Code: *782 "`Every act whatever of man that causes damage to another, obliges him by whose fault it happens to repair it.' "All that is necessary in this state for a party demanding damages from another for a libel is to allege a condition of things such as would show `a fault' on the part of the defendant, resulting in damages and injury to himself therefrom, and on the trial of the case to establish the truth of the al…
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STATE
v.
ELLINGTON
No. 25833.
Supreme Court of Louisiana.
Apr 30, 1923.
96 So. 529
T. A. Carter, of Alexandria, for appellant., A. Y. Coco, Atty. Gen., and Cleveland Dear, Dist. Atty., of Alexandria (T. S. Walmsley, of New Orleans, of counsel), for the State.
Overton.
Cited by 1 opinion  |  Published
OVERTON, J.

Defendant was tried on,an affidavit charging him with having had unlawfully in his possession, on December 24, 1922, intoxicating liquor for beverage purposes, was found guilty, and sentenced to pay a fine of $500 and to 60 days in jail, and, in default of paying the fine, to six months additional imprisonment. Although defendant has appealed from the sentence, he has filed no brief.

Before arraignment defendant filed a motion to quash the affidavit on the ground that the act under which he was being prosecuted “is unconstitutional, null, void, and of no effect.” The plea does not indicate in what respect the act is unconstitutional, or even whether it violates the state or federal Constitution. A plea that a statute is unconstitutional, so vaguely framed, is defective, and, not entitled to notice. Surgi v. Snetchman, 11 La. Ann. 387.

The record also contains a motion for a new trial, filed by defendant, based on the ground that the verdict and judgment of the court finding him guilty is contrary to the law and the evidence. A motion for a new trial, based on that ground, is not reviewable by us, as we have repeatedly held.

Eor the reasons assigned, the judgment appealed from is affirmed.