Cases Argued and Determined in the Supreme Court of Louisiana, 第 135 卷F.F. Handell, 1915 |
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65 South accused ADVERSE POSSESSION affirmed alleged amend and re-enact amount annul appellee application appointed April 27 attorney Atty authority Bank bill of exceptions bond Caddo parish cane cause of action Cent Centenary College charge claim Code Company Constitution contract corporation counsel creditor Criminal Law debts decreed defendant defendant's Didier & Co dismissed entitled evidence ex rel executor fact fendant filed heirs held indictment indorser injunction interest issued June 29 jurisdiction jurors land Levert logs Louisiana Lumber mandamus ment mortgage motion municipal notary Note.-For notes O'NIELL object Orleans owner paid parties Patout payment person petition plaintiff police jury prescription proceeding prosecution PROVOSTY purpose question railroad referred Rehearing rendered rule seisin sheriff Shreveport sold statute street succession suit Syllabus taxation testator testified testimony timber tion tract trial judge witness writ
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第 99 頁 - Where the instrument is payable at a fixed period after date, after sight, or after the happening of a specified event, the time of payment is determined by excluding the day from which the time is to begin to run, and by including the date of payment.
第 99 頁 - All laws should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language, which would avoid results of this character. The reason of the law in such cases should prevail over its letter.
第 835 頁 - The general government, and the States, although both exist within the same territorial limits, are separate and distinct sovereignties, acting separately and independently of each other, within their respective spheres. The former in its appropriate sphere is supreme; but the States within the limits of their powers not granted, or, in the language of the Tenth Amendment, "reserved," are as independent of the general government as that government within its sphere is independent of the States.
第 183 頁 - That the common carrier, railroad, or transportation company issuing such receipt or bill of lading shall be entitled to recover from the common carrier, railroad, or transportation company on whose line the loss, damage or injury shall have been sustained the amount of such loss, damage, or injury as it may be required to pay to the owners of such property, as may be evidenced by any receipt, judgment, or transcript thereof.
第 835 頁 - If the states may tax one instrument employed by the government in the execution of its powers, they may tax any and every other instrument. They may tax the mail; they may tax the mint; they may tax patent rights; they may tax the papers of the custom-house; they may tax judicial process; they may tax all the means employed by the government, to an excess which would defeat all the ends of government. This was not intended by the American people. They did not design to make their government dependent...
第 99 頁 - that whoever drew blood in the streets should be punished with the utmost severity,' did not extend to the surgeon who opened the vein of a person that fell down in the street in a fit. The same common sense accepts the ruling...
第 955 頁 - That every common carrier by railroad in the Territories, the District of Columbia, the Panama Canal Zone, or other possessions of the United States shall be liable in damages to any person suffering injury while he is employed by such carrier...
第 99 頁 - A person placing his signature upon an instrument otherwise than as maker, drawer or acceptor, is deemed to be an indorser, unless he clearly indicates by appropriate words his intention to be bound in some other capacity.
第 655 頁 - All prisoners shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident or presumption great ; and the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it.
第 99 頁 - This is not the substitution of the will of the judge for that of the legislator, for frequently words of general meaning are used in a statute, words broad enough to include an act in question, and yet a consideration of the whole legislation, or of the circumstances surrounding its enactment, or of the absurd results which follow from giving such broad meaning to the words, makes it unreasonable to believe that the legislator intended to include the particular act.