salutary rule in Louisiana

1979Although a peremptive period may not be suspended, Succession of Roux v. Guidry, supra, and cases cited therein, a later-filed petition by the same party in different capacities should be allowed to relate back, especially when the defendant is fully apprised of the nature of the action against him. [3] Finally, in Paxton v. Ballard, 289 So.2d 85 (La.1974), these principles, applicable in the instant case, were observed: "The Louisiana Code of Civil Procedure, rejecting procedural technicalities, adopts the salutary rule of liberal construction of pleadings.

1975In Paxton v. Ballard, 289 So.2d 85 (La. 1974), these principles, certainly applicable here, were observed: "The Louisiana Code of Civil Procedure, rejecting procedural technicalities, adopts the salutary rule of liberal construction of pleadings.

1979Although a peremptive period may not be suspended, Succession of Roux v. Guidry, supra, and cases cited therein, a later-filed petition by the same party in different capacities should be allowed to relate back, especially when the defendant is fully apprised of the nature of the action against him. [3] Finally, in Paxton v. Ballard, 289 So.2d 85 (La.1974), these principles, applicable in the instant case, were observed: "The Louisiana Code of Civil Procedure, rejecting procedural technicalities, adopts the salutary rule of liberal construction of pleadings.

1973The case of Succession of Rickerfor, supra, announces a salutary rule which is here adopted as decisive of the issue presented.

1964Co., 41 La.Ann. 827, 831 , 6 So. 640 , the Supreme Court laid down the salutary rule which has been followed consistently, as evidenced by the numerous cases, three of which have just been cited above: “As in the case of a taking the measure of compensation is the value of the property taken, so in the case of damages the measure of compensation is the diminution in the value of the property.

1948Co. v. Brownell, 294 U.S. 580 , 55 S.Ct. 538, 540 , 79 L.Ed. 1070 , as follows: “It is a salutary principle of judicial decision, long emphasized and followed by this Court, that the burden of establishing the unconstitutionality of a statute rests on him who assails it, and that courts may not declare a legislative discrimination invalid unless, viewed in the light of facts made known or generally assumed, it is of such a character as to preclude the assumption that the classification rests upon some rational basis within the knowledge and experience of the legislators.

1948Co. v. Brownell, 294 U.S. 580 , 55 S.Ct. 538, 540 , 79 L.Ed. 1070 , as follows: “It is a salutary principle of judicial decision, long emphasized and followed by this Court, that the burden of establishing the unconstitutionality of a statute rests on him who assails it, and that courts may not declare a legislative discrimination invalid unless, viewed in the light of facts made known or generally assumed, it is of such a character as to preclude the assumption that the classification rests upon some rational basis within the knowledge and experience of the legislators.

1892Morgan, 3 La. 342 , from which counsel draws the conclusion that the later decisions are clearly erroneous and evidently founded on what he terms an obiter dictum of the court, expressed in State vs.