7 Louisiana opinions name it 2 courts 1935–2005 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 |
|---|---|---|
Hortman-Salmen Co. v. Whitegreen2 sentences1986The jurisprudence likewise establishes that the right of a litigant to jury trial is fundamental in character and the courts will indulge every presumption against a waiver, loss or forfeiture thereof." Art. 1732(1)'s denial of jury trial when the amount in dispute does not exceed $10,000 is an exception to the general rule of art. 1731. "[O]ne who contends that he comes within an exception to a general rule, established by a statute, must prove it." Hortman-Salmen v. White, 168 La. 1049 , 123 So. 709, 711 (1929). 1986The jurisprudence likewise establishes that the right of a litigant to jury trial is fundamental in character and the courts will indulge every presumption against a waiver, loss or forfeiture thereof." Art. 1732(1)'s denial of jury trial when the amount in dispute does not exceed $10,000 is an exception to the general rule of art. 1731. "[O]ne who contends that he comes within an exception to a general rule, established by a statute, must prove it." Hortman-Salmen v. White, 168 La. 1049 , 123 So. 709, 711 (1929). | 1 | 4 |
Bradley v. Burgisgreen1 sentence2005Bradley v. Burgis, 25 So.2d 753, 755 (La.App.Orleans 1946). | 1 | 1 |
In Re Protest of Dow Chemical Co.green1 sentence1991See In Re Protest of Dow Chemical Company, 458 So.2d 955 (La.App. 1st Cir.1984). [9] The party who contends he comes within an exception to a general rule established by a statute, must prove it. | 1 | 1 |
Martel v. Huntgreen2 sentences1978See Martel v. Hunt, 195 La. 701 , 197 So. 402 (1940); Comment, The Measure of Damages for Unauthorized Production of Oil and Gas: The Role of Good and Bad Faith, 15 Tul.L.Rev. 291 (1941); Mason v. United States, 260 U.S. 545 , 43 S.Ct. 200 , 67 L.Ed. 396 (1923); Yiannopoulos, § 137, particularly notes 233 and 239, at 412 et seq." The court awarded royalties accrued prior to demand to the good faith possessors under the extreme circumstances of that case in the interest of justice, but expressly declared it was not ruling on the issue and was not establishing either a general rule or an excepti 1978See Martel v. Hunt, 195 La. 701 , 197 So. 402 (1940); Comment, The Measure of Damages for Unauthorized Production of Oil and Gas: The Role of Good and Bad Faith, 15 Tul.L.Rev. 291 (1941); Mason v. United States, 260 U.S. 545 , 43 S.Ct. 200 , 67 L.Ed. 396 (1923); Yiannopoulos, § 137, particularly notes 233 and 239, at 412 et seq." The court awarded royalties accrued prior to demand to the good faith possessors under the extreme circumstances of that case in the interest of justice, but expressly declared it was not ruling on the issue and was not establishing either a general rule or an excepti | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cambridge Corner Corp. v. Menard
green
2 sentences1991Cambridge Corner Corporation v. Menard, 525 So.2d 527 (La.1988); Hortman-Salmen Co. v. White, 168 La. 1049 , 123 So. 709 (1929). 1991Cambridge Corner Corporation v. Menard, 525 So.2d 527 (La.1988); Hortman-Salmen *164 Co. v. White, 168 La. 1049 , 123 So. 709 (1929). | 3 | 1989–1991 |
Mason v. United States
green
2 sentences1978See Martel v. Hunt, 195 La. 701 , 197 So. 402 (1940); Comment, The Measure of Damages for Unauthorized Production of Oil and Gas: The Role of Good and Bad Faith, 15 Tul.L.Rev. 291 (1941); Mason v. United States, 260 U.S. 545 , 43 S.Ct. 200 , 67 L.Ed. 396 (1923); Yiannopoulos, § 137, particularly notes 233 and 239, at 412 et seq." The court awarded royalties accrued prior to demand to the good faith possessors under the extreme circumstances of that case in the interest of justice, but expressly declared it was not ruling on the issue and was not establishing either a general rule or an excepti 1978See Martel v. Hunt, 195 La. 701 , 197 So. 402 (1940); Comment, The Measure of Damages for Unauthorized Production of Oil and Gas: The Role of Good and Bad Faith, 15 Tul.L.Rev. 291 (1941); Mason v. United States, 260 U.S. 545 , 43 S.Ct. 200 , 67 L.Ed. 396 (1923); Yiannopoulos, § 137, particularly notes 233 and 239, at 412 et seq." The court awarded royalties accrued prior to demand to the good faith possessors under the extreme circumstances of that case in the interest of justice, but expressly declared it was not ruling on the issue and was not establishing either a general rule or an excepti | 1 | 1978–1978 |
Lepenser v. Griffin
green
2 sentences1935The exception to that rule is found in article 142 of the Civil Code, upon a proper construction of which depends a decision of the question presented by this appeal. * * * “Article 142, making an exception to a general rule, should not be applied to a case to which its applicability is very doubtful.” In Lepenser v. Griffin, 146 La. 584 , 83 So. 839 , syllabus, it was held: “State may prescribe causes for dissolution as to women who leave husbands and establish domicile in state; authorizing constructive service is not an impairment of contract, divestiture of vested rights, or denial of due 1935The exception to that rule is found in article 142 of the Civil Code, upon a proper construction of which depends a decision of the question presented by this appeal. * * * “Article 142, making an exception to a general rule, should not be applied to a case to which its applicability is very doubtful.” In Lepenser v. Griffin, 146 La. 584 , 83 So. 839 , syllabus, it was held: “State may prescribe causes for dissolution as to women who leave husbands and establish domicile in state; authorizing constructive service is not an impairment of contract, divestiture of vested rights, or denial of due | 1 | 1935–1935 |
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.