property claim in Louisiana

2016Tullier v. Tanson Enter’s Inc., 367 So.2d 773 (La.1979).

2011In support of this argument, Skyjacker cites Enfield v. Huffman Motor Co., 117 Cal.App.2d 800 , 257 P.2d 458 (Cal.App. 1st Dist.1953), for the proposition that a lienholder, who refuses to deliver property upon proper demand without setting up his lien or who bases his refusal to deliver the property on a claim other than a lien, waives his right to claim a lien after the action is commenced. | RSkyjacker’s argument overlooks the explanation that the refusal to deliver the property must be based on a “ground inconsistent with the lien” to amount to a waiver of the lien.

2011In support of this argument, Skyjacker cites Enfield v. Huffman Motor Co., 117 Cal.App.2d 800 , 257 P.2d 458 (Cal.App. 1st Dist.1953), for the proposition that a lienholder, who refuses to deliver property upon proper demand without setting up his lien or who bases his refusal to deliver the property on a claim other than a lien, waives his right to claim a lien after the action is commenced. | RSkyjacker’s argument overlooks the explanation that the refusal to deliver the property must be based on a “ground inconsistent with the lien” to amount to a waiver of the lien.

2005As the commentators note, "[g]iven the breadth of the language of new Article 2323(B), comparative fault may apply not only to a tort action but to a contract claim (including redhibition), a property claim, and perhaps others." Id. (emphasis supplied).

2005As the jurisprudence notes, "[t]o hold otherwise would be to fail to give effect to the phrase in Article 2323 B, `regardless of the basis of liability."' Petroleum Rental, 95 1820, 95 1821 at p. 7, 701 So.2d at 218 .

2005Miller v. Knorr, 553 So.2d 1043 (La.App. 4 Cir.1989).

2003Chatman v. Bundy, 130 La. 158, 161 , 57 So. 786 (1912).

2003Chatman v. Bundy, 130 La. 158, 161 , 57 So. 786 (1912).

1992In Hope we ruled that historical cost was a valid basis on which to calculate utility compensation. 320 U.S., at 605 , 64 S.Ct. at 289 . (`Rates which enable [a] company to operate successfully, to maintain its financial integrity, to attract capital, and to compensate its investors for the risk assumed certainly cannot be condemned as invalid, even though they might produce only a meager return on the so called `fair value' rate base')." In Duquesne the court held that a state scheme of utility regulation does not take the utility's property in violation of the Fifth and Fourteenth Amendments

1992In Hope we ruled that historical cost was a valid basis on which to calculate utility compensation. 320 U.S., at 605 , 64 S.Ct. at 289 . (`Rates which enable [a] company to operate successfully, to maintain its financial integrity, to attract capital, and to compensate its investors for the risk assumed certainly cannot be condemned as invalid, even though they might produce only a meager return on the so called `fair value' rate base')." In Duquesne the court held that a state scheme of utility regulation does not take the utility's property in violation of the Fifth and Fourteenth Amendments

1983LSA-R.S. 31:210 and 211 provide: Article 210 “A purchaser of minerals produced from a recorded lease granted by the last record owner holding under an instrument translative of title to the land or mineral rights leased is fully protected in making payment to any party in interest under the lease unless and until a suit is filed testing title to the land or mineral rights embraced in the lease and the purchaser receives notification of it by registered mail....” Article 211 “A purchaser of production under Article 210 ... may be compelled by writ of mandamus issued by a court of competent juri

1982NOTES [1] R.S. 22:1379(3) provides: "As used in this Part: * * * * * * "(3) `Covered claim' means an unpaid claim, including one for unearned premiums, which arises out of and is within the coverage and not in excess of the applicable limits of an insurance policy to which this Part applies issued by an insurer, if such insurer becomes an insolvent insurer after September 1, 1970 and (a) the claimant or insured is a resident of this state at the time of the insured event; or (b) the property from which the claim arises is permanently located in this state. `Covered claim' shall not include any

1982NOTES [1] R.S. 22:1379(3) provides: "As used in this Part: * * * * * * "(3) `Covered claim' means an unpaid claim, including one for unearned premiums, which arises out of and is within the coverage and not in excess of the applicable limits of an insurance policy to which this Part applies issued by an insurer, if such insurer becomes an insolvent insurer after September 1, 1970 and (a) the claimant or insured is a resident of this state at the time of the insured event; or (b) the property from which the claim arises is permanently located in this state. `Covered claim' shall not include any

1977That doctrine was later repudiated in Lake, Inc. v. Louisiana Power & Light Co., 330 So.2d 914 (La.1976). [2] The transmission line in question ran parallel to the lakeshore and did not serve the subdivision.

1975Wischer v. Madison Realty Company, 231 La. 704 , 92 So.2d 589 (1956). .

1975Wischer v. Madison Realty Company, 231 La. 704 , 92 So.2d 589 (1956). .

1973Hill v. Richey, 221 La. 402 , 59 So.2d 434 (1952); John T.

1973Hill v. Richey, 221 La. 402 , 59 So.2d 434 (1952); John T.

1972In support of that argument, defendant cites 1 Am.Jur.2d, Accounts and Accounting, Sec. 45, page 419, and Williams v. Humble Oil and Refining Company, 432 F.2d 165 (USCA 5 Cir. 1970).

1962The substance of the answer, when considered as a whole, however, is to show that the plaintiffs have mistaken the property they claim title to. * * *" Scurto v. Le Blanc, 191 La. 136 , 184 So. 567 , involved an instance wherein defendant, both in her answer and in answering interrogatories on facts and articles, admitted she was her father's agent and then denied she was his agent in the purchase of certain lots.

1962The substance of the answer, when considered as a whole, however, is to show that the plaintiffs have mistaken the property they claim title to. * * *" Scurto v. Le Blanc, 191 La. 136 , 184 So. 567 , involved an instance wherein defendant, both in her answer and in answering interrogatories on facts and articles, admitted she was her father's agent and then denied she was his agent in the purchase of certain lots.

1951We pointed out in the case of Dickson v. Board of Com’ rs, supra, [ 210 La. 121 , 26 So.2d 479 ] that “Despite the repeated contention in numerous litigations that Article 665, imposing this servitude on riparian lands, controverts the constitutional guarantee in both the state and federal Constitutions that no one can be deprived of 'his inalienable rights of property without due process of law, it has been consistently held by this court and by the Supreme Court of the United States that such constitutional requirements relate to the right of expropriation and do not have the effect of abrog

1951We pointed out in the case of Dickson v. Board of Com'rs, supra, [ 210 La. 121 , 26 So.2d 479 ] that "Despite the repeated contention in numerous litigations that Article 665, imposing this servitude on riparian lands, controverts the constitutional guarantee in both the state and federal Constitutions that no one can be deprived of his inalienable rights of property without due process of law, it has been consistently held by this court and by the Supreme Court of the United States that such constitutional requirements relate to the right of expropriation and do not have the effect of abrogat

1951We pointed out in the case of Dickson v. Board of Com’ rs, supra, [ 210 La. 121 , 26 So.2d 479 ] that “Despite the repeated contention in numerous litigations that Article 665, imposing this servitude on riparian lands, controverts the constitutional guarantee in both the state and federal Constitutions that no one can be deprived of 'his inalienable rights of property without due process of law, it has been consistently held by this court and by the Supreme Court of the United States that such constitutional requirements relate to the right of expropriation and do not have the effect of abrog

1951We pointed out in the case of Dickson v. Board of Com'rs, supra, [ 210 La. 121 , 26 So.2d 479 ] that "Despite the repeated contention in numerous litigations that Article 665, imposing this servitude on riparian lands, controverts the constitutional guarantee in both the state and federal Constitutions that no one can be deprived of his inalienable rights of property without due process of law, it has been consistently held by this court and by the Supreme Court of the United States that such constitutional requirements relate to the right of expropriation and do not have the effect of abrogat

1951Federico v. Nunez, 173 La. 957 , 139 So. 18 .

1951Federico v. Nunez, 173 La. 957 , 139 So. 18 .

1943In re Quaker Realty Company, 127 La. 208 , 53 So. 526 ; Hebert v. Champagne, 144 La. 659 , 81 So. 217 , and Tyson v. York, supra. The defendants interposed a special plea of estoppel which was not.passed on by the lower court.

1943In re Quaker Realty Company, 127 La. 208 , 53 So. 526 ; Hebert v. Champagne, 144 La. 659 , 81 So. 217 , and Tyson v. York, supra. The defendants interposed a special plea of estoppel which was not.passed on by the lower court.

1943In re Quaker Realty Company, 127 La. 208 , 53 So. 526 ; Hebert v. Champagne, 144 La. 659 , 81 So. 217 , and Tyson v. York, supra. The defendants interposed a special plea of estoppel which was not.passed on by the lower court.

1943In re Quaker Realty Company, 127 La. 208 , 53 So. 526 ; Hebert v. Champagne, 144 La. 659 , 81 So. 217 , and Tyson v. York, supra. The defendants interposed a special plea of estoppel which was not.passed on by the lower court.