Condensed reports of cases in the Superior Court of the territory of Orleans, and in the Supreme Court of Louisiana: containing the decisions ofthose courts from the autumn term, 1809, to the March term, 1830, and which were embraced in the twenty volumes of Fr. Xavier Martin's reports; with notes of Louisiana cases, wherein the doctrines are affirmed, contradicted, or extended, and of the subsequent legislation, Volume 2
E. Johns & Co., 1839
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action adjudged and decreed admitted alleged answer appeal appellee pay arpents authorise avoided and reversed barratry bill of exceptions Brandt cause Civil Code claim contract costs counsel court be affirmed court be annulled court of probates creditors debt debtor decision declared defendant defendant's delivered the opinion demand district court dollars endorser established evidence execution executor facts Febrero fieri facias French language garnishee give given Harrod heirs insolvent issue John Brandt judgment jury land letters testamentary Louisiana Martin Mathews ment mortgage notary object obligation ordered Orleans owner paid parish court parish judge parties partnership Patrick Norris payment person petition petitioner plaintiff pleaded Porter possession Pothier present principle proceedings proof proved purchaser question received record redhibitory rendered SIXTH District slave sold statute suit Syndics taken testator testimony thing tion trial vendee vendor wife witness
Página 681 - It is a maxim not to be disregarded that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.
Página 724 - That the records and judicial proceedings of the courts of any state, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form.
Página 681 - ... in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision. The reason of this maxim is obvious. The question actually before the court is investigated with care, and considered in its full extent. Other principles which may serve to illustrate it are considered in their relation to the case decided, but their possible bearing on all other cases is seldom completely...
Página 208 - The navigable waters leading into the Mississippi and St Lawrence, and the carrying places between the same, shall be common highways and forever free, as well to the inhabitants of the said Territory as to the citizens of the United States and those of any other States that may be admitted into the Confederacy, without any tax, impost, or duty therefor.
Página 210 - Mississippi, and the navigable waters leading into the same, shall be common highways, and forever free as well to the inhabitants of said State, as to all other citizens of the United States, without any tax, duty, impost, or toll therefor, imposed by the said State of Iowa.
Página 73 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Página 8 - It is ordered, adjudged, and decreed that the judgment of the district court be annulled, avoided, and reversed, and it is now ordered, adjudged, and decreed that there be judgment herein in favor of John F.
Página 209 - States, and that the river Mississippi, and the navigable rivers and waters leading into the same, or into the Gulf of Mexico, shall be common highways, and forever free, as well to the inhabitants of the said State, as to other citizens of the United States, without any tax, duty, impost, or toll, therefor, imposed by the said State.
Página 690 - State, escaping into another, should not, in consequence of any law or regulation thereof, be discharged from such service or labor, but should be delivered up on claim of the party to whom such service or labor might be due by the laws of his State.