sound principle in Louisiana

2024See State v. Graham, 375 So.2d 374 (La. 1979) ( per curiam); State v. Lee, 346 So.2d 682 , 684 La. 1977 ).

2023See State v. Graham, 375 So. 2d 374 ( La. 1979) ( per curiam); State v. Lee, 346 So. 2d 682 , 684 La. 1977 ).

2017Harris, 258 La. at 729-31 , 247 So. 2d 850 -51.2 In 1974, the court again endorsed the principle that juries were not concerned with issues outside of the guilt or innocence of the defendant, albeit with the exception of capital cases, and affirmed a trial court’s refusal to instruct the jury on the penalty range for the charge of armed robbery.

2017Harris, 258 La. at 729-31 , 247 So. 2d 850 -51.2 In 1974, the court again endorsed the principle that juries were not concerned with issues outside of the guilt or innocence of the defendant, albeit with the exception of capital cases, and affirmed a trial court’s refusal to instruct the jury on the penalty range for the charge of armed robbery.

2015The decision in Cox v. Von Ahlefeldt [ 105 La. 543 , 30 So. 175 (La.1900) ] in no wise militates against the proposition that a wrongdoer cannot be allowed to reap the fruits of his wrong because of the fact that through further fraud and deceit he keeps the injured person in ignorance of what has been done until the prescriptive period has run. ‘The doctrine of equitable [estoppel] may, in a proper case, be invoked to prevent defendant from relying upon the statute of limitations, it being laid down as a general principle that when a defendant, electing to set up the statute, previously by de

1958"The decision in Cox v. Von Ahlefeldt in no wise militates against the proposition that a wrong doer cannot be allowed to reap the fruits of his wrong because of the fact that through further fraud and deceit he keeps the injured person in ignorance of what has been done until the prescriptive period has run. "`The doctrine of equitable estoppel may, in a proper case, be invoked to prevent defendant from relying upon the statute of limitations, it being laid down as a general principle that when a defendant, electing to set up the statute, previously by deception or any violation of duty towar

2011Cf. State v. Reed, 324 So.2d 373 (La.1975).

1979Cf. State v. Reed, 324 So.2d 373 (La.1975).

1997Mecom v. Mobil Oil Corporation, 299 So.2d 380 (La.App. 3rd Cir.1974), writ denied, 302 So.2d 308 (La.1974).

1987Mecom v. Mobil Oil Corporation, 299 So.2d 380 (La.App. 3rd Cir.1974), writ denied, 302 So.2d 308 (La.1974).

1997Mecom v. Mobil Oil Corporation, 299 So.2d 380 (La.App. 3rd Cir.1974), writ denied, 302 So.2d 308 (La.1974).

1987Mecom v. Mobil Oil Corporation, 299 So.2d 380 (La.App. 3rd Cir.1974), writ denied, 302 So.2d 308 (La.1974).

1984Of course as pointed out by this Court in Clement v. Fidelity & Casualty Company of New York, 220 So.2d 575 (La.App. 3rd Cir. 1969), "it is a sound principle within our jurisprudence that an accident can be established by the testimony of the claimant alone, if his statements are supported by the surrounding circumstances, and there is nothing to discredit his testimony as to how the accident occurred." "Thus credibility of the plaintiff plays a crucial role in this decision making process.

1975Of course, as pointed out by this court in Clement v. Fidelity & Casualty Co. of New York, 220 So.2d 575 (La.App. 3rd Cir. 1969), "it is a sound principle within our jurisprudence that an accident can be established by the testimony of the claimant alone, if his statements are supported by the surrounding circumstances, and there is nothing to discredit his testimony as to how the accident occurred." Thus credibility of the plaintiff plays a crucial role in this decision making process.

1965It was stated in Richard v. City of New Orleans, 195 La. 898 , 197 So. 594 , that: “The question of dedication vel non is the question to be decided in this case.

1965It was stated in Richard v. City of New Orleans, 195 La. 898 , 197 So. 594 , that: “The question of dedication vel non is the question to be decided in this case.

1937In the case of Vance v. Sentell, 178 La. 749 , 152 So. 513, 515 , the court states: “In the case of Davis v. Ruddock Orleans Cypress Co., 132 La. 985 , 62 So. 114 , and again in Satcher v. Radesich, 153 La. 468 , 96 So. 35, 39 , this court approved as a sound principle the following proposition of law: , “ ‘The relations between a tenant in common, in the possession and sole enjoyment of the common property, and his cotenants, has been regarded as that of a principal and agent; hence such tenant is not protected by the statute of limitations from accounting with his cotenants for rents and pro

1937In the case of Vance v. Sentell, 178 La. 749 , 152 So. 513, 515 , the court states: “In the case of Davis v. Ruddock Orleans Cypress Co., 132 La. 985 , 62 So. 114 , and again in Satcher v. Radesich, 153 La. 468 , 96 So. 35, 39 , this court approved as a sound principle the following proposition of law: , “ ‘The relations between a tenant in common, in the possession and sole enjoyment of the common property, and his cotenants, has been regarded as that of a principal and agent; hence such tenant is not protected by the statute of limitations from accounting with his cotenants for rents and pro

1937In the case of Vance v. Sentell, 178 La. 749 , 152 So. 513, 515 , the court states: “In the case of Davis v. Ruddock Orleans Cypress Co., 132 La. 985 , 62 So. 114 , and again in Satcher v. Radesich, 153 La. 468 , 96 So. 35, 39 , this court approved as a sound principle the following proposition of law: , “ ‘The relations between a tenant in common, in the possession and sole enjoyment of the common property, and his cotenants, has been regarded as that of a principal and agent; hence such tenant is not protected by the statute of limitations from accounting with his cotenants for rents and pro

1937In the case of Vance v. Sentell, 178 La. 749 , 152 So. 513, 515 , the court states: “In the case of Davis v. Ruddock Orleans Cypress Co., 132 La. 985 , 62 So. 114 , and again in Satcher v. Radesich, 153 La. 468 , 96 So. 35, 39 , this court approved as a sound principle the following proposition of law: , “ ‘The relations between a tenant in common, in the possession and sole enjoyment of the common property, and his cotenants, has been regarded as that of a principal and agent; hence such tenant is not protected by the statute of limitations from accounting with his cotenants for rents and pro

2010Eagle Pipe, 09-298 at pp. 3-4, 47 So.3d 428 .

2010Eagle Pipe, 09-298 at pp. 3-4, 47 So.3d 428 .

1999In Stuckey v. Stuckey, 276 So.2d 408, 411 (La.App. 2 Cir.1973), the court noted that Roller stated "a sound rule which allows the trial court the necessary flexibility to do what is necessary in the best interest of the child." Likewise, our brethren of the fourth circuit held specifically, "[g]rand-parents of a minor child need not be parties to an action for child custody in order for custody to be awarded to them." Schloegel v. Schloegel, 584 So.2d 344 , 348 *1224 (La.App. 4 Cir.1991).

1994The trial court reasoned as follows on this issue: In giving the reasons which follow, the court relies entirely upon the very sound analysis contained in the opinion of the Louisiana Court of Appeal, Fifth Circuit, in Master Credit Plan, Inc. v. Angelo, 437 So.2d 1201 , (La.App. 5th Cir.1983), followed in Mouton v. Watson, 500 So.2d 792 (La.App. 1st Cir.1986).

1994The trial court reasoned as follows on this issue: In giving the reasons which follow, the court relies entirely upon the very sound analysis contained in the opinion of the Louisiana Court of Appeal, Fifth Circuit, in Master Credit Plan, Inc. v. Angelo, 437 So.2d 1201 , (La.App. 5th Cir.1983), followed in Mouton v. Watson, 500 So.2d 792 (La.App. 1st Cir.1986).

1992See: Cashio, 425 So.2d at 822 , citing Madison v. Bolton, supra. While it may be a sound defense, however, one of the primary requisites is that the communication be made in good faith.

1984The trial judge is in the best position to make such a decision rather than an Appellate Court from a hard, cold record." Breaux v. Great Atlantic & Pacific Tea Company, Inc., 302 So.2d 672 (La.App. 3rd Cir.1974), writ denied, 305 So.2d 540 (La. 1975).

1984The trial judge is in the best position to make such a decision rather than an Appellate Court from a hard, cold record." Breaux v. Great Atlantic & Pacific Tea Company, Inc., 302 So.2d 672 (La.App. 3rd Cir.1974), writ denied, 305 So.2d 540 (La. 1975).

1977These decisions are based upon the sound principle that legal matters irrelevant to guilt should not be pressed upon the jury." More recently, we rejected this same contention in State v. Chatman, La., 337 So.2d 1106 (1976).

1969Delafosse v. Industrial Painters, Inc., 199 So.2d 559 (La.App.3d Cir., 1967); Hayes v. Louisiana Irrigation & Mill Company, 168 So.2d 396 (La.App. 3d Cir., 1964) and authorities cited therein.

1969Delafosse v. Industrial Painters, Inc., 199 So.2d 559 (La.App.3d Cir., 1967); Hayes v. Louisiana Irrigation & Mill Company, 168 So.2d 396 (La.App. 3d Cir., 1964) and authorities cited therein.

1969In the case of Quina v. Roberts et al., supra, the court reviewed the action of a creditor in sending a letter to an employer *516 informing him of the employee's indebtedness and enclosed an official appearing form which was styled "Final Notice before Suit." The court found this to be unreasonable in the following language: "But whatever be the sound rule at common law respecting the libelous character of publications of this kind, it is manifest to us that the issuance of the letter and enclosure in this case, for the obvious purpose and design of forcing a payment by plaintiff, constituted

1965James v. Delery, 211 La. 306 , 29 So.2d 858 ; Arkansas-Louisiana Gas Co. v. Parker Oil Co., 190 La. 957 , 183 So. 229 . [3] In dealing with land dedications to public use made prior to the enactment of the 1896 statute, this Court adopted the sound rule set forth by Mr. Dillon in his treatise on Municipal Corporations.

1965James v. Delery, 211 La. 306 , 29 So.2d 858 ; Arkansas-Louisiana Gas Co. v. Parker Oil Co., 190 La. 957 , 183 So. 229 . [3] In dealing with land dedications to public use made prior to the enactment of the 1896 statute, this Court adopted the sound rule set forth by Mr. Dillon in his treatise on Municipal Corporations.

1965James v. Delery, 211 La. 306 , 29 So.2d 858 ; Arkansas-Louisiana Gas Co. v. Parker Oil Co., 190 La. 957 , 183 So. 229 . [3] In dealing with land dedications to public use made prior to the enactment of the 1896 statute, this Court adopted the sound rule set forth by Mr. Dillon in his treatise on Municipal Corporations.

1965James v. Delery, 211 La. 306 , 29 So.2d 858 ; Arkansas-Louisiana Gas Co. v. Parker Oil Co., 190 La. 957 , 183 So. 229 . [3] In dealing with land dedications to public use made prior to the enactment of the 1896 statute, this Court adopted the sound rule set forth by Mr. Dillon in his treatise on Municipal Corporations.

1959The statute of distribution governs in all cases where there is no will; and where there is one, and the testator’s intention is in doubt, the statute is a safe guide.’ “In Minter’s appeal, 4 Wright Pa. Ill, the court says: ‘When we find a man distributing his estate in whole or in part among his next of kin, and he leaves the proportions in which they are to take in doubt, it is quite natural for us to suppose that he had that statutory or customary form of distribution in his mind, and to interpret his will accordingly.’ ” See also Succession of Stewart, 51 La.Ann. 1553 , 26 So. 460 ; Succes

1959The statute of distribution governs in all cases where there is no will; and where there is one, and the testator’s intention is in doubt, the statute is a safe guide.’ “In Minter’s appeal, 4 Wright Pa. Ill, the court says: ‘When we find a man distributing his estate in whole or in part among his next of kin, and he leaves the proportions in which they are to take in doubt, it is quite natural for us to suppose that he had that statutory or customary form of distribution in his mind, and to interpret his will accordingly.’ ” See also Succession of Stewart, 51 La.Ann. 1553 , 26 So. 460 ; Succes