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9 Louisiana opinions name it 2 courts 1934–1975 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.
| Case | Followed | Cited |
|---|---|---|
Love v. Dedongreen2 sentences1970See, also: Love v. Dedon, 239 La. 109 , 118 So.2d 122, 124 (1960) and the numerous authorities therein cited.” In Love v. Dedon, Chief Justice Fournet quoted approvingly from Dickson v. Ford, 38 La.Ann. 736 (1886): “ '* * * The reason or the philosophy of the rule which, as an exception, flows logically from the very terms of the general rule, is that parol evidence, in such cases, is admitted, not against or beyond what is contained in the acts as a contradiction of the clear recital or legal meaning of the stipulations contained therein, but on the contrary, to give effect to the contract ar 1970See, also: Love v. Dedon, 239 La. 109 , 118 So.2d 122, 124 (1960) and the numerous authorities therein cited.” In Love v. Dedon, Chief Justice Fournet quoted approvingly from Dickson v. Ford, 38 La.Ann. 736 (1886): “ '* * * The reason or the philosophy of the rule which, as an exception, flows logically from the very terms of the general rule, is that parol evidence, in such cases, is admitted, not against or beyond what is contained in the acts as a contradiction of the clear recital or legal meaning of the stipulations contained therein, but on the contrary, to give effect to the contract ar | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Dickson v. Ford
neutral
2 sentences1975Dickson v. Ford, Clerk, 38 La.Ann. 736 , contained the following language which was quoted in Collins v. Brunet, 239 La. 402 , 118 So.2d 454 (1960): “ ‘The reason or the philosophy of the rule which, as an exception, flows logically from the very terms of the general rule, is that parol evidence, in such cases, is admitted, not against or beyond what is contained in the acts as a contradiction of the clear recital or legal meaning of the stipulations contained therein, but on the comrary, to give effect to the contract arising therefrom, by supplementing necessary information omitted therefrom 1972Our Supreme Court in Collins v. Brunet, 239 La. 402 , 118 So.2d 454 (1960) quoted from Dickson v. Ford, Clerk, 38 La.Ann. 736 as follows: "`The reason or the philosophy of the rule which, as an exception, flows logically from the very terms of the general rule, is that parol evidence, in such cases, is admitted, not against or beyond what is contained in the acts as a contradiction of the clear recital or legal meaning of the stipulations contained therein, but on the contrary, to give effect to the contract arising thereform, by supplementing necessary information omitted therefrom, or to asc | 6 | 1940–1975 |
Collins v. Brunet
neutral
2 sentences1975Dickson v. Ford, Clerk, 38 La.Ann. 736 , contained the following language which was quoted in Collins v. Brunet, 239 La. 402 , 118 So.2d 454 (1960): “ ‘The reason or the philosophy of the rule which, as an exception, flows logically from the very terms of the general rule, is that parol evidence, in such cases, is admitted, not against or beyond what is contained in the acts as a contradiction of the clear recital or legal meaning of the stipulations contained therein, but on the comrary, to give effect to the contract arising therefrom, by supplementing necessary information omitted therefrom 1975Dickson v. Ford, Clerk, 38 La.Ann. 736 , contained the following language which was quoted in Collins v. Brunet, 239 La. 402 , 118 So.2d 454 (1960): “ ‘The reason or the philosophy of the rule which, as an exception, flows logically from the very terms of the general rule, is that parol evidence, in such cases, is admitted, not against or beyond what is contained in the acts as a contradiction of the clear recital or legal meaning of the stipulations contained therein, but on the comrary, to give effect to the contract arising therefrom, by supplementing necessary information omitted therefrom | 2 | 1972–1975 |
Callahan v. Callais
neutral
2 sentences1961Let such a husband first mend his own ways, and when this is done, it will then be time to complain of his wife’s ‘ill treatment’ should she on her part not cease complaining; which, of course, she will under such circumstances.” In the more recent case of Callahan v. Callais, 224 La. 901 , 71 So.2d 320, 324 , the court reviewed the jurisprudence on mutual and equal fault and held as follows: “The philosophy of the rule herein-above; cited is applicable to the instant case for the reason that both parties are at fault, and it is difficult to determine which one of the spouses was guilty of the 1961Let such a husband first mend his own ways, and when this is done, it will then be time to complain of his wife’s ‘ill treatment’ should she on her part not cease complaining; which, of course, she will under such circumstances.” In the more recent case of Callahan v. Callais, 224 La. 901 , 71 So.2d 320, 324 , the court reviewed the jurisprudence on mutual and equal fault and held as follows: “The philosophy of the rule herein-above; cited is applicable to the instant case for the reason that both parties are at fault, and it is difficult to determine which one of the spouses was guilty of the | 1 | 1961–1961 |
Collins v. Jones
green
1 sentence1940Some of these are Guaranty Bank & Trust Company v. Hunter et al., 173 La. 497 , 137 So. 904 ; Collins v. Jones et al., La.App., 152 So. 802 ; Morris v. Morris, La.App., 160 So. 134 , and Citizens’ Bank & Trust Company v. Willis, 183 La. 127 , 162 So. 822 . | 1 | 1940–1940 |
Morris v. Morris
neutral
1 sentence1940Some of these are Guaranty Bank & Trust Company v. Hunter et al., 173 La. 497 , 137 So. 904 ; Collins v. Jones et al., La.App., 152 So. 802 ; Morris v. Morris, La.App., 160 So. 134 , and Citizens’ Bank & Trust Company v. Willis, 183 La. 127 , 162 So. 822 . | 1 | 1940–1940 |
Guaranty Bank & Trust Co. v. Hunter
neutral
1 sentence1940Some of these are Guaranty Bank & Trust Company v. Hunter et al., 173 La. 497 , 137 So. 904 ; Collins v. Jones et al., La.App., 152 So. 802 ; Morris v. Morris, La.App., 160 So. 134 , and Citizens’ Bank & Trust Company v. Willis, 183 La. 127 , 162 So. 822 . | 1 | 1940–1940 |
Citizens Bank & Trust Co. v. Willis
green
2 sentences1940Some of these are Guaranty Bank & Trust Company v. Hunter et al., 173 La. 497 , 137 So. 904 ; Collins v. Jones et al., La.App., 152 So. 802 ; Morris v. Morris, La.App., 160 So. 134 , and Citizens’ Bank & Trust Company v. Willis, 183 La. 127 , 162 So. 822 . 1940Some of these are Guaranty Bank & Trust Company v. Hunter et al., 173 La. 497 , 137 So. 904 ; Collins v. Jones et al., La.App., 152 So. 802 ; Morris v. Morris, La.App., 160 So. 134 , and Citizens’ Bank & Trust Company v. Willis, 183 La. 127 , 162 So. 822 . | 1 | 1940–1940 |
Delabigarre v. Second Municipality of New Orleans
green
1 sentence1940In support of this holding, it cited the cases of Delabigarre v. Second Municipality of New Orleans, 3 La.Ann. 230, 239 , Brown v. Brown, 30 La.Ann. 966 ; and it recites the provisions of Civil Code, Article 1900, which are: “If the cause expressed in the consideration should be one that does not exist, yet the contract can not be invalidated, if .the party can show the existence of a true and sufficient consideration.” Also, the following extract from Dickson v. Ford, Clerk, 38 La.Ann. 736 , which inferentially distinguishes the rules provided by the above stated codal articles, was quoted by | 1 | 1940–1940 |
Landry v. Landry
green
1 sentence1940In support of this holding, it cited the cases of Delabigarre v. Second Municipality of New Orleans, 3 La.Ann. 230, 239 , Brown v. Brown, 30 La.Ann. 966 ; and it recites the provisions of Civil Code, Article 1900, which are: “If the cause expressed in the consideration should be one that does not exist, yet the contract can not be invalidated, if .the party can show the existence of a true and sufficient consideration.” Also, the following extract from Dickson v. Ford, Clerk, 38 La.Ann. 736 , which inferentially distinguishes the rules provided by the above stated codal articles, was quoted by | 1 | 1940–1940 |
Bolton v. State
neutral
1 sentence1940Some of these are Guaranty Bank & Trust Company v. Hunter et al., 173 La. 497 , 137 So. 904 ; Collins v. Jones et al., La.App., 152 So. 802 ; Morris v. Morris, La.App., 160 So. 134 , and Citizens’ Bank & Trust Company v. Willis, 183 La. 127 , 162 So. 822 . | 1 | 1940–1940 |
Teutonia National Bank v. Wagner
neutral
1 sentence1934C. art. 2091; Teutonia National Bank v. Wagner, 33 La. | 1 | 1934–1934 |
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.