issue raised exception in Louisiana

14 Louisiana opinions name it 2 courts 1939–2015 0 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 (6)

Case	Followed	Cited
Bruzeau v. Wells Fargo, Bank, N.A.green lactapp · 2012 · cited in 1 Louisiana opinions naming this issue, 2015–2015 1 sentence 2015Id., 12-0075, p. 6, 99 So.3d at 1014 (citations omitted).	1	1
Kuebler v. Martingreen la · 1991 · cited in 1 Louisiana opinions naming this issue, 2007–2007 1 sentence 2007Discussion “The purpose of an exception of no cause of action is to determine the sufficiency in law of the petition and is triable on the face of the papers; for the purpose of determining the issue raised by this exception, the well-pleaded facts in the petition and any annexed documents must be accepted as true.” Kuebler v. Martin, 578 So.2d 113, 114 (La.1991) (citations omitted).	1	1
Ciolino v. Castigliagreen lactapp · 1984 · cited in 1 Louisiana opinions naming this issue, 2006–2006 1 sentence 2006Plaintiffs cite Ciolino v. Castiglia, 446 So.2d 1366, 1369 (La.App. 1 Cir.1984), for the proposition that a trial court's ruling with respect to an exception raising an objection of res judicata could not be contested as part of an appeal from a judgment on a preliminary injunction absent a showing of irreparable harm with respect to the issue raised by the exception.	1	1
Palowsky v. Premier Bancorp, Inc.green lactapp · 1992 · cited in 1 Louisiana opinions naming this issue, 1995–1995 1 sentence 1995Palowsky v. Premier Bancorp, Inc., 597 So.2d 543, 546 (La.App. 1st Cir.1992).	1	1
State v. Marquergreen lactapp · 1984 · cited in 1 Louisiana opinions naming this issue, 1986–1986 1 sentence 1986See State v. Marquer, 446 So.2d 1258 (La.App. 4th Cir.1984), cert. denied, Marquer v. Louisiana, — U.S. -, 105 S.Ct. 182 , 83 L.Ed.2d 116 (1984).	1	1
In re Sekerezgreen scotus · 1984 · cited in 1 Louisiana opinions naming this issue, 1986–1986 2 sentences 1986See State v. Marquer, 446 So.2d 1258 (La.App. 4th Cir.1984), cert. denied, Marquer v. Louisiana, — U.S. -, 105 S.Ct. 182 , 83 L.Ed.2d 116 (1984). 1986See State v. Marquer, 446 So.2d 1258 (La.App. 4th Cir.1984), cert. denied, Marquer v. Louisiana, — U.S. -, 105 S.Ct. 182 , 83 L.Ed.2d 116 (1984).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (12)

Case	Cited	Years
Mayer v. Valentine Sugars, Inc. green la · 1984 2 sentences 1989LSA-C.C.P. article 927; Darville v. Texaco, Inc., 447 So.2d 473 (La.1984); Mayer v. Valentine Sugars Inc., 444 So.2d 618 (La.1984); Haskins v. Clary, 346 So.2d 193 (La.1977). 1988Darville v. Texaco, Inc., AA1 So.2d 473, reconsideration denied, 448 So.2d 1302 (La.1984); Mayer v. Valentine Sugars, Inc., 444 So.2d 618 (La.1984).	2	1988–1989
Darville v. Texaco, Inc. green la · 1984 2 sentences 1989LSA-C.C.P. article 927; Darville v. Texaco, Inc., 447 So.2d 473 (La.1984); Mayer v. Valentine Sugars Inc., 444 So.2d 618 (La.1984); Haskins v. Clary, 346 So.2d 193 (La.1977). 1986Id.	2	1986–1989
State v. Weiland green lactapp · 1990 1 sentence 2005(State's Exhibit 8). [3] The issue raised by defense counsel as to the fact that there was no testimony that any currency was recovered from the defendant is covered by our discussion of money in addressing the defendant's pro se brief. [4] See La.C.Cr.P. art. 920; State v. Oliveaux, 312 So.2d 337 (La.1975); State v. Weiland, 556 So.2d 175 (La.App. 5 Cir.1990). [5] We note that our discussion of the enhanced sentence is based on the minute entry of the habitual offender proceeding.	1	2005–2005
State v. Oliveaux green la · 1975 1 sentence 2005(State's Exhibit 8). [3] The issue raised by defense counsel as to the fact that there was no testimony that any currency was recovered from the defendant is covered by our discussion of money in addressing the defendant's pro se brief. [4] See La.C.Cr.P. art. 920; State v. Oliveaux, 312 So.2d 337 (La.1975); State v. Weiland, 556 So.2d 175 (La.App. 5 Cir.1990). [5] We note that our discussion of the enhanced sentence is based on the minute entry of the habitual offender proceeding.	1	2005–2005
Haskins v. Clary green la · 1977 1 sentence 1989LSA-C.C.P. article 927; Darville v. Texaco, Inc., 447 So.2d 473 (La.1984); Mayer v. Valentine Sugars Inc., 444 So.2d 618 (La.1984); Haskins v. Clary, 346 So.2d 193 (La.1977).	1	1989–1989
Darville v. Texaco, Inc. green la · 1984 1 sentence 1988Darville v. Texaco, Inc., AA1 So.2d 473, reconsideration denied, 448 So.2d 1302 (La.1984); Mayer v. Valentine Sugars, Inc., 444 So.2d 618 (La.1984).	1	1988–1988
Bielkiewicz v. Rudisill green lactapp · 1967 1 sentence 1972LSA-C.C.P. art. 927 (4); Elliott v. Dupuy, 242 La. 173 , 135 So.2d 54 (1961); Biel-kiewicz v. Rudisill, 201 So.2d 136 (La.App. 3d Cir. 1967).	1	1972–1972
Elliott v. Dupuy green la · 1961 2 sentences 1972LSA-C.C.P. art. 927 (4); Elliott v. Dupuy, 242 La. 173 , 135 So.2d 54 (1961); Biel-kiewicz v. Rudisill, 201 So.2d 136 (La.App. 3d Cir. 1967). 1972LSA-C.C.P. art. 927 (4); Elliott v. Dupuy, 242 La. 173 , 135 So.2d 54 (1961); Biel-kiewicz v. Rudisill, 201 So.2d 136 (La.App. 3d Cir. 1967).	1	1972–1972
Haley v. Badon neutral lactapp · 1957 1 sentence 1967Orl., 98 So.2d 109 , the Orleans court affirmed the dismissal of a suit upon exception of no cause of action, where the issue raised by the exception was based upon the execution of mutual releases.	1	1967–1967
Waterhouse v. Star Land Co. neutral la · 1916 2 sentences 1963We find nothing in Waterhouse v. Star Land Company, Limited, et al., 139 La. 177 , 71 So. 358 , relied on by defendants, that conflicts with the conclusions reached herein. 1963We find nothing in Waterhouse v. Star Land Company, Limited, et al., 139 La. 177 , 71 So. 358 , relied on by defendants, that conflicts with the conclusions reached herein.	1	1963–1963
Heatwole v. Stansbury green la · 1947 2 sentences 1952The decision has been referred to approvingly in Heatwole v. Stansbury, 1947, 212 La. 685 , 33 So.2d 196 and Patin v. T. 1952The decision has been referred to approvingly in Heatwole v. Stansbury, 1947, 212 La. 685 , 33 So.2d 196 and Patin v. T.	1	1952–1952
Gibbs v. Illinois Cent. R. Co. green la · 1929 2 sentences 1939This principle is affirmed.in Gibbs v. Illinois Central Railway Company, 169 La. 450 , 125 So. 445 , but, as said in these cases, to warrant the sustaining of the exception, the allegations must clearly and definitely reveal that plaintiff, himself, was at fault in connection with the cause of action alleged upon to such an extent that his negligence contributed to the accident involved, and was the or a proximate cause of same. 1939This principle is affirmed.in Gibbs v. Illinois Central Railway Company, 169 La. 450 , 125 So. 445 , but, as said in these cases, to warrant the sustaining of the exception, the allegations must clearly and definitely reveal that plaintiff, himself, was at fault in connection with the cause of action alleged upon to such an extent that his negligence contributed to the accident involved, and was the or a proximate cause of same.	1	1939–1939

Where else courts name it

MO 22 (1981–2023) LA 14 (1939–2015) CA 10 (1894–2021) PA 10 (1969–2021) MD 8 (1972–2017) IL 8 (1906–2019) NY 7 (1913–2020) CT 7 (1986–2017) MI 6 (1975–2018) SC 5 (1935–2010) FL 5 (1973–2022) NC 4 (1906–2024) AK 4 (1976–1982) KY 4 (1935–2024) MA 3 (1985–2011) OH 3 (2017–2024) NM 3 (1977–1994) DC 3 (1948–1986) GA 3 (1897–2013) MS 2 (1990–2008) TX 2 (2007–2018) ME 2 (1938–1940) NJ 2 (1978–1984)

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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