defendant filed exception (Louisiana) · Go Syfert
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defendant filed exception in Louisiana

33 Louisiana opinions name it 2 courts 1916–2025 6 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Gibson v. Jefferson Parish Hosp. Serv. Dist. No 2green
lactapp · 2019 · cited in 1 Louisiana opinions naming this issue, 2021–2021
1 sentence

2021Id. at 486.

11
United Gas Pipe Line Co. v. Cargill, Inc.green
lactapp · 1992 · cited in 1 Louisiana opinions naming this issue, 2015–2015
1 sentence

2015United Gas Pipe Line Company , 612.

11
Wilkerson v. Burasgreen
lactapp · 2014 · cited in 1 Louisiana opinions naming this issue, 2015–2015
1 sentence

2015Id. at 972.

11
First Federal Savings & Loan Ass'n of Concordia v. Smithgreen
la · 1976 · cited in 1 Louisiana opinions naming this issue, 1980–1980
1 sentence

1980See First Federal Savings & Loan Association of Concordia Vidalia v. Smith, 327 So.2d 657 (La.App. 1st Cir. 1976), writ refused, 329 So.2d 431 (La.1976).

11
First Federal Savings & Loan Ass'n of Concordia Vidalia v. Smithgreen
lactapp · 1976 · cited in 1 Louisiana opinions naming this issue, 1980–1980
1 sentence

1980See First Federal Savings & Loan Association of Concordia Vidalia v. Smith, 327 So.2d 657 (La.App. 1st Cir. 1976), writ refused, 329 So.2d 431 (La.1976).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (32)

CaseCitedYears
Giroir v. South Louisiana Medical Center, Division of Hospitals green
la · 1985
2 sentences

2019The Fuseliers argued in opposition that their intervention was timely because it related back to the original petition filed by the Stensons under LSA-C.C.P. art. 1153 and the factors set forth in Giroir v. South Louisiana Medical Center, Division of Hospitals, 475 So.2d 1040 (La. 1985). 8 See Stenson v. City of Oberlin , 60 So.3d at 1207 .

2019The Fuseliers argued in opposition that their intervention was timely because it related back to the original petition filed by the Stensons under LSA-C.C.P. art. 1153 and the factors set forth in Giroir v. South Louisiana Medical Center, Division of Hospitals, 475 So.2d 1040 (La. 1985). 8 See Stenson v. City of Oberlin , 60 So.3d at 1207 .

22019–2019
Kevin v. City of Oberlin green
la · 2011
2 sentences

2019The Fuseliers argued in opposition that their intervention was timely because it related back to the original petition filed by the Stensons under LSA-C.C.P. art. 1153 and the factors set forth in Giroir v. South Louisiana Medical Center, Division of Hospitals, 475 So.2d 1040 (La. 1985). 8 See Stenson v. City of Oberlin , 60 So.3d at 1207 .

2019The Fuseliers argued in opposition that their intervention was timely because it related back to the original petition filed by the Stensons under LSA-C.C.P. art. 1153 and the factors set forth in Giroir v. South Louisiana Medical Center, Division of Hospitals, 475 So.2d 1040 (La. 1985). 8 See Stenson v. City of Oberlin , 60 So.3d at 1207 .

22019–2019
Tracy Ray Lomont v. Michelle Myer-Bennett and Xyz Insurance Company green
la · 2015
1 sentence

2025Id., 14-2483, pp. 5-6, 172 So. 3d at 625-26 .

12025–2025
Hoddinott v. Hoddinott neutral
lactapp · 2018
1 sentence

2022Id., 17-0841, p. 3, 253 So. 3d at 236 .

12022–2022
Landis Construction Co. v. Regional Transit Authority green
lactapp · 2016
1 sentence

2022Id., 2015-0854, p. 6, 195 So.3d at 603-04 .

12022–2022
Amoco Production Co. v. Texas Gas Transmission Corp. green
lactapp · 1986
1 sentence

2021Id. at 575 .

12021–2021
Ward v. Vivian Healthcare & Rehabilitation Center green
lactapp · 2013
1 sentence

2021Id. at 872-73 .

12021–2021
Sudwisher v. Estate of Hoffpauir neutral
la · 1991
1 sentence

2021The trial court granted the defendant’s protective order, but the appellate court reversed. 3 Sudwischer v. Estate of Hoffpauir, 577 So.2d 1 (La. 1991).

12021–2021
Albitar v. Albitar green
lactapp · 2016
1 sentence

2017Id.

12017–2017
Louisiana Bureau of Credit Control, Inc. v. Landeche green
lactapp · 2009
1 sentence

2016In Louisiana Bureau of Credit Control, Inc. v. Landeche, 2008-1099 (La.App. 3 Cir. 3/4/09) , 6 So.3d 935 , the homeowners association assigned to a collection agency the defendant’s delinquent assessments account. 10 The defendant filed an exception based on three years under the open account law in the civil code, which was sustained by the trial court.

12016–2016
Fulmer v. Fulmer green
la · 1974
1 sentence

1976Fulmer v. Fulmer, La.S.Ct., 301 So.2d 622 (1974).

11976–1976
Wheeler v. Turlich green
la · 1933
2 sentences

1975As the majority points out in its opinion, this basis for the loss of the right to disavow presupposes proof of a "valid and existing marriage", Wheeler v. Turlich, 176 La. 301 , 145 So. 546 (1933), and certainly one which is voluntary in nature.

1975As the majority points out in its opinion, this basis for the loss of the right to disavow presupposes proof of a "valid and existing marriage", Wheeler v. Turlich, 176 La. 301 , 145 So. 546 (1933), and certainly one which is voluntary in nature.

11975–1975
Firemen's Pension & Relief Fund for the City of Lake Charles v. Sudduth neutral
lactapp · 1972
1 sentence

1973Sudduth, 265 So.2d 622 (La.App., 3rd Cir. 1972).

11973–1973
Mottet v. Libbey-Owens-Ford Glass Co. green
la · 1952
2 sentences

1971R.S. 23:1209 provides for the prescriptive period of one year for Workmen’s Compensation claims as follows: “Also, where the injury does not result at the time of, or develop immediately after the accident, the limitation shall not take effect until the expiration of one year from the time the injury develops, but in all such cases the claim for payment shall be forever barred unless the proceedings have been begun within two years from the date of the accident.” In construing this statute, the Supreme Court, in Mottet v. Libbey-Owens-Ford Glass Company, 220 La. 653 , 57 So.2d 218 , said: The

1971R.S. 23:1209 provides for the prescriptive period of one year for Workmen’s Compensation claims as follows: “Also, where the injury does not result at the time of, or develop immediately after the accident, the limitation shall not take effect until the expiration of one year from the time the injury develops, but in all such cases the claim for payment shall be forever barred unless the proceedings have been begun within two years from the date of the accident.” In construing this statute, the Supreme Court, in Mottet v. Libbey-Owens-Ford Glass Company, 220 La. 653 , 57 So.2d 218 , said: The

11971–1971
Mary U. Doucet and Semar Doucet v. The Travelers Insurance Company and A. W. Dunn green
ca5 · 1966
1 sentence

1966After the case was appealed to this court, the United States Court of Appeals for the Fifth Circuit, in No. 22794, entitled Doucet v. Travelers Insurance Company and Dunn, 362 F.2d 263 , rendered a per curiam decision on June 10, 1966, affirming the lower court judgment, including dismissal of the suit as against The Home Indemnity Company for lack of jurisdiction.

11966–1966
Cameron v. Reserve Insurance Company neutral
la · 1959
2 sentences

1962The matter went to the Supreme Court where the exception to jurisdiction was finally maintained in its opinion reported in Cameron v. Reserve Insurance Company, 237 La. 433 , 111 So.2d 336 .

1962The matter went to the Supreme Court where the exception to jurisdiction was finally maintained in its opinion reported in Cameron v. Reserve Insurance Company, 237 La. 433 , 111 So.2d 336 .

11962–1962
Lewy v. Wilkinson neutral
la · 1914
2 sentences

1960In Lewy v. Wilkinson, 135 La. 105 , 64 So. 1003, 1004 , the defendant filed an exception of no cause of action which was referred to the merits.

1960In Lewy v. Wilkinson, 135 La. 105 , 64 So. 1003, 1004 , the defendant filed an exception of no cause of action which was referred to the merits.

11960–1960
Jacobs v. Calcasieu Frozen Foods, Inc. neutral
lactapp · 1958
1 sentence

1960In our original decision, which is reported in La.App., 103 So.2d 99 , we overruled the judgment of the Lower Court and remanded the matter for trial on the merits.

11960–1960
Dezendorf v. National Casualty Co. green
lactapp · 1936
1 sentence

1954The defendant filed exception of no right or cause of action which was sustained by the district court under the authority of Dezendorf v. National Casualty Co., La.App., 171 So. 160 , and Harper v. Ragus, La.App., 62 So.2d 167 , in which our brethren of the Second Circuit held that a member of a partnership could not sue for compensation for he could not be both employer and employee at the same time.

11954–1954
Harper v. Ragus green
lactapp · 1952
1 sentence

1954The defendant filed exception of no right or cause of action which was sustained by the district court under the authority of Dezendorf v. National Casualty Co., La.App., 171 So. 160 , and Harper v. Ragus, La.App., 62 So.2d 167 , in which our brethren of the Second Circuit held that a member of a partnership could not sue for compensation for he could not be both employer and employee at the same time.

11954–1954
Charles v. . Barrett green
ny · 1922
2 sentences

1951Therefore he can make no one else liable if he negligently runs a person down in the street. * * * ” In Charles v. Barrett, 233 N.Y. 127 , 135 N.E. 199, 200 , decided by the Court of Appeals of New York, with Justice Cardozo as its organ, the rule here under consideration was stated as follows: “ ■* * * The rule now is that, as long as the employee ' is furthering the business of his general employer by the service rendered to another, there will be no inference of a new relation ■ unless command has been *397 surrendered, and no inference of its surrender from the mere fact of its division. *

1951Therefore he can make no one else liable if he negligently runs a person down in the street. * * * ” In Charles v. Barrett, 233 N.Y. 127 , 135 N.E. 199, 200 , decided by the Court of Appeals of New York, with Justice Cardozo as its organ, the rule here under consideration was stated as follows: “ ■* * * The rule now is that, as long as the employee ' is furthering the business of his general employer by the service rendered to another, there will be no inference of a new relation ■ unless command has been *397 surrendered, and no inference of its surrender from the mere fact of its division. *

11951–1951
Rooney v. Overseas Ry., Inc. green
la · 1931
2 sentences

1951Therefore he can make no one else liable if he negligently runs a person down in the street. * * * ” In Charles v. Barrett, 233 N.Y. 127 , 135 N.E. 199, 200 , decided by the Court of Appeals of New York, with Justice Cardozo as its organ, the rule here under consideration was stated as follows: “ ■* * * The rule now is that, as long as the employee ' is furthering the business of his general employer by the service rendered to another, there will be no inference of a new relation ■ unless command has been *397 surrendered, and no inference of its surrender from the mere fact of its division. *

1951Therefore he can make no one else liable if he negligently runs a person down in the street. * * * ” In Charles v. Barrett, 233 N.Y. 127 , 135 N.E. 199, 200 , decided by the Court of Appeals of New York, with Justice Cardozo as its organ, the rule here under consideration was stated as follows: “ ■* * * The rule now is that, as long as the employee ' is furthering the business of his general employer by the service rendered to another, there will be no inference of a new relation ■ unless command has been *397 surrendered, and no inference of its surrender from the mere fact of its division. *

11951–1951
Vicknair v. Daily States Pub. Co. green
la · 1919
2 sentences

1950The defendant filed an exception to the jurisdiction of the court rationae persona, which exception was overruled by the district court under the authority of Article 165 of the Code of Practice and the case of Vicknair v. Daily States Publishing Co., 144 La. 809 , 81 So. 324 .

1950The defendant filed an exception to the jurisdiction of the court rationae persona, which exception was overruled by the district court under the authority of Article 165 of the Code of Practice and the case of Vicknair v. Daily States Publishing Co., 144 La. 809 , 81 So. 324 .

11950–1950
Morales v. Burns neutral
lactapp · 1945
1 sentence

1949App., 21 So.2d 893 , 894, arising out of an automobile accident, the defendant filed an exception of no cause of action which *Page 535 was referred to the merits.

11949–1949
Weaver Bros. Realty Corporation v. Spence green
lactapp · 1940
1 sentence

1947App., 197 So. 436 . [2] As before stated, the defendant filed an exception of vagueness in which they sought to obtain certain information regarding plaintiff's title, from whom he acquired the right of servitude, the nature of the titles, and whether or not he had fulfilled the terms of the contract between Helaire Guillory and the Well Company under which he is now claiming a right of servitude on the land of defendant Fontenot.

11947–1947
Dickinson v. Hathaway neutral
la · 1909
11940–1940
Bailey v. Gifford Sand & Gravel Co. neutral
lactapp · 1933
11938–1938
Louisiana Gas & Fuel Co. v. White Bros. neutral
la · 1925
11938–1938
Gibbs v. Illinois Central R. R. neutral
lactapp · 1929
11934–1934
Davis v. Arkansas Southern R. neutral
la · 1906
11931–1931
Mayes v. Smith neutral
la · 1845
11930–1930
M. M. Sanders & Son v. Schilling green
la · 1909
11916–1916

Statutes the citing opinions construe

LA § La. Rev. Stat. § 1 (5) LA § La. Rev. Stat. § 9 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

LA 33 (1916–2025) FL 10 (2000–2020) MA 4 (1933–2019) PA 3 (1998–2022) GA 2 (1929–1942) TX 2 (1984–1993) OR 2 (2025–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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