modern rule in Louisiana

1974“Despite defendants’ argument that damages for loss of crops is limited to the cost of seed and labor expended at date of injury and cannot be the speculative profits which would have been received when the crops were matured and gathered, Boudreaux v. Thibodeaux, 149 La. 400 , 89 So. 250 , we believe the District Court correctly applied the more modern rule that in determining damages to growing crops ‘the proper criterion to be used in arriving at the approximate loss suffered by the plaintiffs would be the average yield and market value of crops of the same kind of [crops] rice planted and

1974“Despite defendants’ argument that damages for loss of crops is limited to the cost of seed and labor expended at date of injury and cannot be the speculative profits which would have been received when the crops were matured and gathered, Boudreaux v. Thibodeaux, 149 La. 400 , 89 So. 250 , we believe the District Court correctly applied the more modern rule that in determining damages to growing crops ‘the proper criterion to be used in arriving at the approximate loss suffered by the plaintiffs would be the average yield and market value of crops of the same kind of [crops] rice planted and

1974“Despite defendants’ argument that damages for loss of crops is limited to the cost of seed and labor expended at date of injury and cannot be the speculative profits which would have been received when the crops were matured and gathered, Boudreaux v. Thibodeaux, 149 La. 400 , 89 So. 250 , we believe the District Court correctly applied the more modern rule that in determining damages to growing crops ‘the proper criterion to be used in arriving at the approximate loss suffered by the plaintiffs would be the average yield and market value of crops of the same kind of [crops] rice planted and

1974“Despite defendants’ argument that damages for loss of crops is limited to the cost of seed and labor expended at date of injury and cannot be the speculative profits which would have been received when the crops were matured and gathered, Boudreaux v. Thibodeaux, 149 La. 400 , 89 So. 250 , we believe the District Court correctly applied the more modern rule that in determining damages to growing crops ‘the proper criterion to be used in arriving at the approximate loss suffered by the plaintiffs would be the average yield and market value of crops of the same kind of [crops] rice planted and

1974“Despite defendants’ argument that damages for loss of crops is limited to the cost of seed and labor expended at date of injury and cannot be the speculative profits which would have been received when the crops were matured and gathered, Boudreaux v. Thibodeaux, 149 La. 400 , 89 So. 250 , we believe the District Court correctly applied the more modern rule that in determining damages to growing crops ‘the proper criterion to be used in arriving at the approximate loss suffered by the plaintiffs would be the average yield and market value of crops of the same kind of [crops] rice planted and

1974“Despite defendants’ argument that damages for loss of crops is limited to the cost of seed and labor expended at date of injury and cannot be the speculative profits which would have been received when the crops were matured and gathered, Boudreaux v. Thibodeaux, 149 La. 400 , 89 So. 250 , we believe the District Court correctly applied the more modern rule that in determining damages to growing crops ‘the proper criterion to be used in arriving at the approximate loss suffered by the plaintiffs would be the average yield and market value of crops of the same kind of [crops] rice planted and

2020She went inside and found that Salminen had been shot and was dead. 2 The U.S. Supreme Court’s decision in Teague v. Lane, 489 U.S. 288 (1989), provides the modern framework governing retroactivity—that is, whether a decision announcing a “new” rule of constitutional law applies to defendants who were convicted before the rule’s articulation. -2- Responding to Peabody’s complaint, police officers arrived on the scene within minutes.

1974Our own court, in Olberding v. Gohres, 107 La. 715, 717 , 31 So. 1028 , 1029, said: ‘A husband may be guilty of outrages towards his wife of character such as to render their living together insupportable, without raising his hands against her. ‘His conduct may be the very refinement of cruelty, without either force or blows.’ We must hold therefore that any unjustifiable conduct on the part of either husband or wife which so grievously wounds the mental feelings of the other, or such as in any other manner utterly destroys the legitimate ends and objects of matrimony, constitutes cruelty, alt

1974Our own court, in Olberding v. Gohres, 107 La. 715, 717 , 31 So. 1028 , 1029, said: ‘A husband may be guilty of outrages towards his wife of character such as to render their living together insupportable, without raising his hands against her. ‘His conduct may be the very refinement of cruelty, without either force or blows.’ We must hold therefore that any unjustifiable conduct on the part of either husband or wife which so grievously wounds the mental feelings of the other, or such as in any other manner utterly destroys the legitimate ends and objects of matrimony, constitutes cruelty, alt

1965Hinkle v. Digby, 118 So.2d 902 (La.App.1960); Hughes Tool Company v. Buras Transportation Co., 139 So.2d 220 (La.App.1962).

1965Hinkle v. Digby, 118 So.2d 902 (La.App.1960); Hughes Tool Company v. Buras Transportation Co., 139 So.2d 220 (La.App.1962).

1961In Smith v. Sun Oil Co. ( 172 La. 655 , 135 So. 15 (1931); cf. Caldwell v. Alton Oil Co., 161 La. 139 , 108 So. 314 (1926)) the court stated that a gas well which the lessee cannot operate is not a paying proposition for either lessor or lessee, and therefore the lease terminated because of failure to produce in paying quantities.

1961In Smith v. Sun Oil Co. ( 172 La. 655 , 135 So. 15 (1931); cf. Caldwell v. Alton Oil Co., 161 La. 139 , 108 So. 314 (1926)) the court stated that a gas well which the lessee cannot operate is not a paying proposition for either lessor or lessee, and therefore the lease terminated because of failure to produce in paying quantities.

1961In Smith v. Sun Oil Co. ( 172 La. 655 , 135 So. 15 (1931); cf. Caldwell v. Alton Oil Co., 161 La. 139 , 108 So. 314 (1926)) the court stated that a gas well which the lessee cannot operate is not a paying proposition for either lessor or lessee, and therefore the lease terminated because of failure to produce in paying quantities.

1961In Smith v. Sun Oil Co. ( 172 La. 655 , 135 So. 15 (1931); cf. Caldwell v. Alton Oil Co., 161 La. 139 , 108 So. 314 (1926)) the court stated that a gas well which the lessee cannot operate is not a paying proposition for either lessor or lessee, and therefore the lease terminated because of failure to produce in paying quantities.

1954In the case of the State v. Varnado, 208 La. 319, 371 , 23 So.2d 106, 123 , on rehearing, in discussing the charge this Court said: “Thus it may be seen that the district attorney, in drawing up this bill of information, has used the general words of the statute, the only difference being the use of the conjunctive ‘and’ where the disjunctive ‘or’ is .used in the statute itself, but does not state a single act upon which the charge is based or any of the facts or circumstances upon which his conclusions are based, thus failing to follow our basic requirements for a valid indictment. “ ‘It is t

1954In the case of the State v. Varnado, 208 La. 319, 371 , 23 So.2d 106, 123 , on rehearing, in discussing the charge this Court said: “Thus it may be seen that the district attorney, in drawing up this bill of information, has used the general words of the statute, the only difference being the use of the conjunctive ‘and’ where the disjunctive ‘or’ is .used in the statute itself, but does not state a single act upon which the charge is based or any of the facts or circumstances upon which his conclusions are based, thus failing to follow our basic requirements for a valid indictment. “ ‘It is t

1954Bozeman v. McDonald, La.App., 40 So.2d 517 .

1952In State v. Knop, supra, [ 190 So. 135 ] we said: "It must be borne in mind, also, that the modern doctrine favors the presumption that constitutional provisions were intended to be self-operating. * * *" In State ex rel.

1952In State v. Knop, supra, [ 190 So. 135 ] we said: "It must be borne in mind, also, that the modern doctrine favors the presumption that constitutional provisions were intended to be self-operating. * * *" In State ex rel.

1952Curtis v. Ross, 144 La. 898 , 81 So. 386, 387 , the Supreme Court said: "* * * the presumption now is that all provisions of the Constitution are self-executing." The Angelle and Coguenham cases, supra, also hold that constitutional amendments are self-executing and support the legal conclusions of the plaintiff herein.

1952Curtis v. Ross, 144 La. 898 , 81 So. 386, 387 , the Supreme Court said: "* * * the presumption now is that all provisions of the Constitution are self-executing." The Angelle and Coguenham cases, supra, also hold that constitutional amendments are self-executing and support the legal conclusions of the plaintiff herein.

1944The contention of counsel for the state that defendant’s remedy was to ask for a bill of particulars since it was the legislative intendment in adopting the Code of Criminal Procedure that all pertinent articles therein should be considered together to form a whole and therefore that Article 227 should be read together with Articles 228-253, 284 — 288, 421, and 517-520, particularly since in a plea of former jeopardy “The modern rule does not demand that the identity of the offense must be established from allegations of the indictment alone, it being sufficient if such identity can be establi

1944The contention of counsel for the state that defendant’s remedy was to ask for a bill of particulars since it was the legislative intendment in adopting the Code of Criminal Procedure that all pertinent articles therein should be considered together to form a whole and therefore that Article 227 should be read together with Articles 228-253, 284 — 288, 421, and 517-520, particularly since in a plea of former jeopardy “The modern rule does not demand that the identity of the offense must be established from allegations of the indictment alone, it being sufficient if such identity can be establi

1942The doctrine that a tort action is transitory and that it is a chose in action or personal right or property and that the ownership of personal property is governed by *Page 253 the laws of the domicile of the person was the rule enforced in Williams v. Pope Manufacturing Company, supra. 15 C.J.S., Conflict of Laws, § 18, page 930, states the following rule: "The modern rule that the law of the actual situs governs the validity of a transfer of movable property rests on the fundamental proposition that every country has the right to subject all property within its jurisdiction to the control a

1942The doctrine that a tort action is transitory and that it is a chose in action or personal right or property and that the ownership of personal property is governed by *Page 253 the laws of the domicile of the person was the rule enforced in Williams v. Pope Manufacturing Company, supra. 15 C.J.S., Conflict of Laws, § 18, page 930, states the following rule: "The modern rule that the law of the actual situs governs the validity of a transfer of movable property rests on the fundamental proposition that every country has the right to subject all property within its jurisdiction to the control a

1931It is to be remembered also that rescission presupposes. a restoration of the status quo, and is precluded if this becomes impossible.” Many of the cases cited by counsel for defendant in his brief, such as Lyons Milling Co. v. Cusimano, 161 La. 198 , 108 So. 414 ; Stringfellow v. Botterfill Automobile Co., 63 Utah, 56 , 221 P. 861 , 34 A. L.

1931It is to be remembered also that rescission presupposes. a restoration of the status quo, and is precluded if this becomes impossible.” Many of the cases cited by counsel for defendant in his brief, such as Lyons Milling Co. v. Cusimano, 161 La. 198 , 108 So. 414 ; Stringfellow v. Botterfill Automobile Co., 63 Utah, 56 , 221 P. 861 , 34 A. L.

1931It is to be remembered also that rescission presupposes. a restoration of the status quo, and is precluded if this becomes impossible.” Many of the cases cited by counsel for defendant in his brief, such as Lyons Milling Co. v. Cusimano, 161 La. 198 , 108 So. 414 ; Stringfellow v. Botterfill Automobile Co., 63 Utah, 56 , 221 P. 861 , 34 A. L.

1931It is to be remembered also that rescission presupposes. a restoration of the status quo, and is precluded if this becomes impossible.” Many of the cases cited by counsel for defendant in his brief, such as Lyons Milling Co. v. Cusimano, 161 La. 198 , 108 So. 414 ; Stringfellow v. Botterfill Automobile Co., 63 Utah, 56 , 221 P. 861 , 34 A. L.

1929In State v. McLaughlin, 138 La. 958 , 70 So. 925 , quoting from the syllabus, which is sustained by the decision, it was said: “In determining whether an exclamation or statement, made by a person who has received a mortal wound should be received in evidence, as part' of the res gestse, against the slayer, on trial for murder, the question is not whether such exclamation, or statement, was made contemporaneously with the receipt of the wound, or ‘immediately’ before or after * * * but whether it was a spontaneous and unreasoned expression, su-perinduced by a state of mind created by the recei

1929In State v. McLaughlin, 138 La. 958 , 70 So. 925 , quoting from the syllabus, which is sustained by the decision, it was said: “In determining whether an exclamation or statement, made by a person who has received a mortal wound should be received in evidence, as part' of the res gestse, against the slayer, on trial for murder, the question is not whether such exclamation, or statement, was made contemporaneously with the receipt of the wound, or ‘immediately’ before or after * * * but whether it was a spontaneous and unreasoned expression, su-perinduced by a state of mind created by the recei

1927Our own court, in Olberding v. Gohres, 107 La. 717 , 31 So. 1029 , said: “A husband may be guilty of outrages towards his wife' of character such as to render their living together insupportable, without raising his hands against her.

1871The Supreme Court of the United States declared this obvious doctrine, and it has been repeated in the decisions of the State courts. 2 Crunch 167; 4 Wheaton 636 ; 4 Peters 163 ; 13 Peters 587 ; 14 Peters 122 ; 12 Wheaton 68 .” Rehearing refused.