emphasized principle in Louisiana

1970In Buillard v. Davis, supra, the court emphasized the rule when it stated: ‘In the case of Decuir et al. v. Decuir et al., 105 La. 481 , 29 So. 932 , 934, we held that if a court “which rendered the judgment and ordered the sale upon which defendants herein rely, was without jurisdiction ratione ma-teriae to entertain the suit, the judgment and the sale predicated upon it are absolute nullities, — the judgment never existed as a judgment.” [Emphasis supplied.] And in the opinion it is stated: “Tf a judgment be an absolute nullity, this nullity may be invoked by any one against whom it is inter

1965In Buillard v. Davis, supra, the court emphasized the rule when it stated: “In the case of Decuir et al. v. Decuir et al., 105 La. 481 , 29 So. 932 , 934, we held that if a court ‘which rendered the judgment and ordered the sale upon which defendants herein rely, was without jurisdiction rations materiae to entertain the suit, the judgment and the sale predicated upon it are absolute nullities,—the judgment never existed as a judgment.’ [Emphasis supplied.] And in the opinion it is stated: “ ‘If a judgment be an absolute nullity, this nullity may be invoked by any one against whom it is interp

2015Accordingly, the Court explained that “so long as a parent adequately cares for his or her children (i.e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions 122concerning the rearing of that parent’s children.” Id. at 68-9 , 120 S.Ct. 2054 (citing Reno v. Flores, 507 U.S. 292, 304 , 113 S.Ct. 1439, 1448 , 123 L.Ed.2d 1, 18 (1993)).

2015Accordingly, the Court explained that “so long as a parent adequately cares for his or her children (i.e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions 122concerning the rearing of that parent’s children.” Id. at 68-9 , 120 S.Ct. 2054 (citing Reno v. Flores, 507 U.S. 292, 304 , 113 S.Ct. 1439, 1448 , 123 L.Ed.2d 1, 18 (1993)).

2010In Stobart v. State, 617 So.2d 880 (La. 1993), the Court emphasized the principle that a factfinder's choice between two permissible views of the evidence "cannot be manifestly erroneous or clearly wrong." Id. at 883 .

2010In Stobart v. State, 617 So.2d 880 (La. 1993), the Court emphasized the principle that a factfinder's choice between two permissible views of the evidence "cannot be manifestly erroneous or clearly wrong." Id. at 883 .

2010That principle was reaffirmed in Youn, 623 So.2d 1257 , which discusses the "vast" discretion afforded a fact-finder in reference to setting damage awards, and concludes that "an appellate court should rarely disturb an award of general damages." Id., 623 So.2d at 1261 .

2010That principle was reaffirmed in Youn, 623 So.2d 1257 , which discusses the "vast" discretion afforded a fact-finder in reference to setting damage awards, and concludes that "an appellate court should rarely disturb an award of general damages." Id., 623 So.2d at 1261 .

2004American Furniture Co., 721 F.2d at 482 .

1997While the Court acknowledged that "the Briggs Instruction by its terms may incline [the jury's] thoughts to the probability that the current or some future Governor might commute the defendant's sentence," Ramos, 463 U.S. at 1002 n. 17, 103 S.Ct. at 3454 n. 17, the Court emphasized that this instruction was not misleading.

1997Ramos, 463 U.S. at 1004 n. 19, 103 S.Ct. at 3455 n. 19.

1988In Corsey, supra, the Court emphasized that the principle of contra non valentem does not suspend the running of prescription if the plaintiff's ignorance is attributable to his own willfulness or neglect; that is, a plaintiff is deemed to know what he could by reasonable diligence have learned. 375 So.2d at 1322 .

1988In Corsey, supra, the Court emphasized that the principle of contra non valentem does not suspend the running of prescription if the plaintiff's ignorance is attributable to his own willfulness or neglect; that is, a plaintiff is deemed to know what he could by reasonable diligence have learned. 375 So.2d at 1322 .

1988Moreover, in Cartwright v. Chrysler Corp., supra , the Court stated that the plaintiff need not have actual knowledge of the conditions which might entitle him to bring suit, but only "constructive notice." 232 So.2d at 287 .

1977We pretermit discussion of the first three of defendants' arguments because we find argument number four clearly meritorious in light of our decision in State v. Wingerter, 339 So.2d 1 (La.1976).

1965In Buillard v. Davis, supra, the court emphasized the rule when it stated: “In the case of Decuir et al. v. Decuir et al., 105 La. 481 , 29 So. 932 , 934, we held that if a court ‘which rendered the judgment and ordered the sale upon which defendants herein rely, was without jurisdiction rations materiae to entertain the suit, the judgment and the sale predicated upon it are absolute nullities,—the judgment never existed as a judgment.’ [Emphasis supplied.] And in the opinion it is stated: “ ‘If a judgment be an absolute nullity, this nullity may be invoked by any one against whom it is interp

1965In Buillard v. Davis, supra, the court emphasized the rule when it stated: “In the case of Decuir et al. v. Decuir et al., 105 La. 481 , 29 So. 932 , 934, we held that if a court ‘which rendered the judgment and ordered the sale upon which defendants herein rely, was without jurisdiction rations materiae to entertain the suit, the judgment and the sale predicated upon it are absolute nullities,—the judgment never existed as a judgment.’ [Emphasis supplied.] And in the opinion it is stated: “ ‘If a judgment be an absolute nullity, this nullity may be invoked by any one against whom it is interp

1956Concededly the issue here presented is res nova, but we find a striking analogy in the holding of the Supreme Court in Hart v. Picou, 147 La. 1017 , 86 So. 479 .

1956Concededly the issue here presented is res nova, but we find a striking analogy in the holding of the Supreme Court in Hart v. Picou, 147 La. 1017 , 86 So. 479 .