stale claim (Louisiana) · Go Syfert
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stale claim in Louisiana

8 Louisiana opinions name it 2 courts 1905–1999 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 (5)

CaseFollowedCited
Odessa House v. Gossgreen
lactapp · 1984 · cited in 1 Louisiana opinions naming this issue, 1999–1999
1 sentence

1999Odessa House v. Goss, 453 So.2d 299, 302 (La.App.3 Cir.1984).

11
Clark v. McDonald's System, Inc.green
lactapp · 1980 · cited in 1 Louisiana opinions naming this issue, 1986–1986
1 sentence

1986See the concurring opinion in Clark v. McDonald System, Inc., 383 So.2d 61 (La.App. 2d Cir.1980), writ denied for the reasons expressed by the concurring opinion, 386 So.2d 95 (La.1980).

11
Clark v. McDONALDS SYSTEMS, INC.green
la · 1980 · cited in 1 Louisiana opinions naming this issue, 1986–1986
1 sentence

1986See the concurring opinion in Clark v. McDonald System, Inc., 383 So.2d 61 (La.App. 2d Cir.1980), writ denied for the reasons expressed by the concurring opinion, 386 So.2d 95 (La.1980).

11
Slattery v. Heilperingreen
la · 1902 · cited in 1 Louisiana opinions naming this issue, 1915–1915
2 sentences

1915See Slattery v. Heilperin and Leonard, 110 La. 86 , 34 South. 139 , and Head v. Howcott Land Co., 119 La. 331 , 44 South. 117 .

1915See Slattery v. Heilperin and Leonard, 110 La. 86 , 34 South. 139 , and Head v. Howcott Land Co., 119 La. 331 , 44 South. 117 .

11
Head v. Howcott Land Co.green
la · 1907 · cited in 1 Louisiana opinions naming this issue, 1915–1915
2 sentences

1915See Slattery v. Heilperin and Leonard, 110 La. 86 , 34 South. 139 , and Head v. Howcott Land Co., 119 La. 331 , 44 South. 117 .

1915See Slattery v. Heilperin and Leonard, 110 La. 86 , 34 South. 139 , and Head v. Howcott Land Co., 119 La. 331 , 44 South. 117 .

11

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 (6)

CaseCitedYears
Wilson v. City of Baton Rouge green
lactapp · 1996
1 sentence

1999They further contend that the lower court should have focused on the purpose of the project, rather than whether the "proper" method was used to complete or operate the project, citing Oswalt, 424 So.2d at 348 and Wilson, 96-0015, 683 So.2d at 382 .

11999–1999
Oswalt v. Irby Const. Co. green
lactapp · 1982
1 sentence

1999They further contend that the lower court should have focused on the purpose of the project, rather than whether the "proper" method was used to complete or operate the project, citing Oswalt, 424 So.2d at 348 and Wilson, 96-0015, 683 So.2d at 382 .

11999–1999
Paddock v. Dennies green
lactapp · 1988
1 sentence

1991In Paddock v. Dennies, 532 So.2d 855 (La.App. 4th Cir.1988), the factual situation was the same as that in Comeaux , and the same result was reached.

11991–1991
Lafitte, Dufilho & Co. v. Godchaux green
la · 1883
2 sentences

1961I believe that the following holding of this Court, in the case of Lafitte, Dufilho & Co. v. Godchaux, 35 La.Ann. 1161 , is applicable to the instant matter: “The genius of our law does not favor the claims of those who have long slept on their rights, and who, after years of inertia, conveying an assurance of acquiescence in a given state of things, suddenly wake up at the welcome vision of an ttnexpected advantage and invoke the aid of the courts for relief, under the effect of a newly discovered technical error in some ancient transaction or settlement. 1 “In the case of Bennett vs.

1961I believe that the following holding of this Court, in the case of Lafitte, Dufilho & Co. v. Godchaux, 35 La.Ann. 1161 , is applicable to the instant matter: "The genius of our law does not favor the claims of those who have long slept on their rights, and who, after years of inertia, conveying an assurance of acquiescence in a given state of things, suddenly wake up at the welcome vision of an unexpected advantage and invoke the aid of the courts for relief, under the effect of a newly discovered technical error in some ancient transaction or settlement. [1] "In the case of Bennett vs.

11961–1961
Imhof v. Imhof neutral
la · 1893
1 sentence

1920Imhof v. Imhof, 45 La.

11920–1920
State v. Mayor of Spring Lake neutral
nj · 1898
1 sentence

1905Egan, 39 A. 684 , tbe court said: “A stale claim "long withheld from presentation or prosecution, until he against whom it is preferred has died, must be established with more than reasonable certainty.

11905–1905

Where else courts name it

PA 27 (1922–2019) MI 20 (1944–2025) CA 17 (1900–2020) NJ 15 (1917–2023) NY 12 (1940–2013) NM 11 (1975–2024) MD 10 (1913–2021) ME 8 (1993–2024) LA 8 (1905–1999) WA 7 (1998–2023) TX 7 (1883–2019) TN 6 (1974–2010) IL 6 (2009–2013) FL 6 (1988–2015) CO 5 (1992–2012) UT 5 (1934–2020) OH 4 (1983–2024) MO 4 (1968–2000) HI 4 (1991–2018) KY 3 (1910–1925) OR 3 (1959–2009) CT 3 (1998–2011) IA 3 (1911–1978) MS 3 (1892–2009) NV 3 (1990–2014) WV 2 (1981–1981) WY 2 (2015–2015) NC 2 (1953–1953) OK 2 (1925–1957) MN 2 (1995–2011)

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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