philosophy rule (Louisiana) · Go Syfert
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philosophy rule in Louisiana

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.

Followed or applied (1)

CaseFollowedCited
Love v. Dedongreen
la · 1960 · cited in 2 Louisiana opinions naming this issue, 1968–1970
2 sentences

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

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

12

Distinguished, questioned or overruled (0)

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

Also cited on this issue (11)

CaseCitedYears
Dickson v. Ford neutral
la · 1886
2 sentences

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

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

61940–1975
Collins v. Brunet neutral
la · 1960
2 sentences

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

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

21972–1975
Callahan v. Callais neutral
la · 1954
2 sentences

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

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

11961–1961
Collins v. Jones green
lactapp · 1934
1 sentence

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 .

11940–1940
Morris v. Morris neutral
lactapp · 1935
1 sentence

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 .

11940–1940
Guaranty Bank & Trust Co. v. Hunter neutral
la · 1931
1 sentence

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 .

11940–1940
Citizens Bank & Trust Co. v. Willis green
la · 1935
2 sentences

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 .

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 .

11940–1940
Delabigarre v. Second Municipality of New Orleans green
· 1848
1 sentence

1940In 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

11940–1940
Landry v. Landry green
la · 1888
1 sentence

1940In 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

11940–1940
Bolton v. State neutral
ala · 1931
1 sentence

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 .

11940–1940
Teutonia National Bank v. Wagner neutral
la · 1881
1 sentence

1934C. art. 2091; Teutonia National Bank v. Wagner, 33 La.

11934–1934

Where else courts name it

LA 9 (1934–1975) NJ 7 (1935–2018) CA 6 (1913–1972) WA 6 (1901–1965) PA 5 (1951–1977) GA 4 (1924–1967) NY 4 (1876–1975) CO 4 (1968–1991) KS 3 (1897–1941) IL 2 (1886–1901) FL 2 (1982–1995) OH 2 (1963–1999) AL 2 (1890–1948)

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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