Download or read book Louisiana Reports written by Louisiana. Supreme Court and published by . This book was released on 1915 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Louisiana Supreme Court New Orleans written by and published by . This book was released on 1841 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Action taken to recover a small tract of land, forming part of a larger tract, which the plaintiff claimed the defendant entered upon illegally, causing damage. The defendant excepted to the jurisdiction, asserting that he lived in the Parish of Rapides. District Judge ruled in favour of the plaintiff and the defendant appealed. The Supreme Court debated the issue of the boundary between the parishes of Rapides and Natchitoches. Various witnesses testified. Plaintiff offered documents to confirm his title to the land, which the court deemed sufficient to confirm possession. Defendant could not prove continuous acts of possession for more than a year and the court affirmed the decision of the District Court, with costs in both courts.

Download or read book Louisiana Supreme Court New Orleans written by and published by . This book was released on 1840 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Action brought against a maker of a promissory note for five hundred and fifty-two dollars. The defendants confirmed that is was their signatures on the note, but stated that it was for the sale of a slave that had died a few weeks after the sale of a disease known to the seller, and to the knowledge of the present plaintiffs. In consequence, the defendants believed the note had failed and sought [dollars] 500 in damages. Two physicians testified, one noting that the disease probably existed before the sale; the other that it was partly through the neglect of the defendants that the boy had died. The price of the slave was four hundred and thirty dollars. The district judge made a judgment in favour of the defendants, noting that the boy had died of a redhibitory disease and ordered that the price of the slave be deducted from the amount of the note. The plaintiff appealed. The Supreme Court noted that if the defendants had proven that the slave had received all the necessary medical attention under their care then they would have been entitled to a reimbursement. However, as they could not provide this evidence, the judge noted that they should not recover the cost of the slave. The court ordered that the judgment of the District Court be annulled and reversed and that the plaintiffs recover the sum of [dollars] 552 with 5 per cent interest per annum thereon from the 3rd of April, 1838 until paid, with the cost of protest and costs in both courts.

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Louisiana Supreme Court New Orleans written by and published by . This book was released on 1816 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This was an action by Forsyth et al to reclaim a black man who they claimed was an escaped slave in their ownership. Nash, the defendant, had escaped from the plaintiffs in Illinois to travel to New Orleans as he had a wife and children there. The plaintiffs, to prove their ownership of the man, introduced a bill of sale and testimonies from a number of people. There were testimonies whereby the defendant was named as a slave of the plaintiffs and also an admission by the defendant before the Mayor of New Orleans that he was an escaped slave. The judge however highlighted that a black man was to be presumed free if he was from a territory where slavery was not tolerated. In this instance the bill of sale was from Michigan and the plaintiffs resided in Illinois both of which territories had outlawed slavery. Since the plaintiffs had illegally kept this man in servitude the judge ruled in favour of the defendant plus costs.

Download or read book Louisiana Supreme Court New Orleans written by and published by . This book was released on 1819 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adelaide Metayer was in possession of her freedom from the time the slaves became free in Hispaniola around 1793 until she was arrested and imprisoned in slavery in 1816. Metayer was son and heir of her former owner Charles Metayer. Adelaide had received a ruling in the parish court that she was entitled to her freedom as she had lived for 23 years uninterrupted in possession of her freedom. A slave was entitled to their freedom if they possessed it for 20 years in the absence of their owners. Metayer contended that the portion of this 23 years which was spent in Hispaniola should be discounted due to the violent nature of the revolution there. Adelaide lost a case the previous year against his attorney Noret as the period of her freedom was then measured from when she left Hispaniola in 1803, far short of 20 years. The judge ruled that since the French government granted general emancipation on the island and this had been maintained by successive governnments then no court should consider it unlawful. Owing to this the judge measured her period of possession of freedom beginning from that emancipation and ruled in favour of the plaintiff ensuring her freedom.

Download or read book Louisiana Supreme Court New Orleans written by and published by . This book was released on 1844 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The defendant prayed that a mandamus be issued to show why an appeal should not be granted. A judgment had been made against the defendant for violating a law concerning bringing slaves into the state. The case was fully investigated on a re-hearing and the appeal dismissed by the Supreme Court.

Download or read book Blackwood s Edinburgh Magazine Volume 59 No 368 June 1846 written by Various and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Louisiana Supreme Court New Orleans written by and published by . This book was released on 1854 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The defendants were found guilty of selling liquor to a slave and each fined [dollars] 350 by the District Court. They appealed, claiming that the jury were illegally sitting on the trial. The counsel for the defendants argued that, according to law, a jury were to serve one calendar month of service. The case was heard on June 3rd and the jury had been serving since May 1st. The Supreme Court judge cited the Act of February 10th 1813 which provided that the Court of the First District should be opened in the city of New Orleans on the first Monday in every month. The May term closed on June 3rd (the day of the trial) and the court reopened for the following month on Monday June 5th, making the trial and jury legal. Judgment was affirmed.

Download or read book Louisiana Supreme Court New Orleans written by and published by . This book was released on 1851 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Action brought to recover [dollars] 800, the value of a slave, Ned, alleged to have been killed by the defendants. The defendants had announced before they shot Ned that they were hunting runaway slaves; there was disagreement as to whether Ned had run away. The defendant Davis was Benjamin's overseer. The lower court found for the defendants and Benjamin appealed. The Supreme Court ruled that there had been no justification in shooting Ned, and reversed the judgment.

Download or read book Louisiana Supreme Court New Orleans written by and published by . This book was released on 1854 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An appeal by the City of New Orleans against the judgment of the District Court which found officers from the Second Municipality guilty of killing the plaintiff's slave. On July 21st 1852, under orders from their chief, a group of police officers took action to suppress unlawful assemblages of slaves in cabarets. In performance of their duties, they found the plaintiff's slave in a dram-shop; it is alleged that the slave attempted to escape and upon capture was killed by wounds inflicted upon him by the officers. The plaintiff sued for damages and was successful. The Supreme Court reversed and annulled the judgment on the grounds that the officers were appointed to perform a public duty thereby exempting the City from liability for the officers' actions.

Download or read book Louisiana Supreme Court New Orleans written by and published by . This book was released on 1858 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The plaintiffs sued the defendants for the value of a slave who had runaway whilst working in a chain-gang during imprisonment in New Orleans jail. The suit was dismissed on the grounds that the petition lacked a cause of action and the plaintiffs appealed. Judgment was reversed and the case remanded to the lower court.

Download or read book Louisiana Supreme Court New Orleans written by and published by . This book was released on 1830 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The plaintiffs were the brothers and sisters of A.M. Desfarge and the defendants were his natural children and free persons of colour. On his death he left land in Louisiana to the defendants and a much more substantial amount of land in France to the plaintiffs. The land in Louisiana was to be divided between the two parties and the defendants took an action to secure their possession. The case was remanded to the court of probates.

Download or read book Deep Delta Justice written by Matthew Van Meter and published by Little, Brown. This book was released on 2020-05-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The unforgettable story of one lawyer and his defendant who together changed American law during the height of the Civil Rights era In 1966 in a small town in Louisiana, a 19-year-old black man named Gary Duncan pulled his car off the road to stop a fight between a group of four white kids and two of Gary's own cousins. After putting his hand on the arm of one of the white children, Duncan was arrested for assault. A member of the local branch of the NAACP, Duncan used his contacts to reach Richard Sobol, a 29-year-old born and bred New Yorker working that summer in a black firm ("the most radical law firm") in New Orleans, to represent him. In this powerful work of character-driven history that benefits from the author's deep understanding of the law, Van Meter brings alive how one court case changed the course of justice in the South, and eventually the entire country. The events that Gary Duncan set in motion brought to an end a form of injustice -- denial of trial by jury-- that led to the incarceration of thousands of poor and mostly black Americans. Duncan vs. Louisiana changed America, but before it did it changed the lives of the people who litigated it.

Download or read book Louisiana Supreme Court New Orleans written by and published by . This book was released on 1847 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A black woman, aged over 80, dwelt in a small tenement on the Metairie Road with her two sons and her daughter. None of them could read or write. They cultivated a small field of vegetables and sold the produce. In April 1837 they affixed their marks to some notes and a deed of conveyance of real estate by the defendant to the plaintiffs in consideration of [dollars] 13,400, secured by a mortgage on the property sold and on the homestead of the plaintiffs. The property sold by the defendant was adjudicated to a third person for [dollars] 7,000 as a result of non-payment. The second note was also protested for non-payment and the defendant obtained an order of seizure against the property of the plaintiffs. They alleged error and fraud and obtained an injunction. In the lower court hearings four juries had been unable to agree a verdict and two juries had found for the defendant, with judgement originally rendered in favour of Furst for [dollars] 6,559.87, with full interest until this sum had been paid. A rehearing of the case in the Supreme Court was needed later the same month (see 2 La. Ann. 53) as Justice Slidell had recused himself because of a conflict of interest and the two other Justices of the Supreme Court had been split in their opinions.

Download or read book Louisiana Supreme Court New Orleans written by and published by . This book was released on 1847 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rehearing of a case heard earlier the same month when Justice Slidell had recused himself because of a conflict of interest and the two other Justices of the Supreme Court had been split in their opinions (see La. Ann. 46). A black woman, aged over 80, dwelt in a small tenement on the Metairie Road with her two sons and her daughter. None of them could read or write. They cultivated a small field of vegetables and sold the produce. In April 1837 they affixed their marks to some notes and a deed of conveyance of real estate by the defendant to the plaintiffs in consideration of [dollars] 13,400, secured by a mortgage on the property sold and on the homestead of the plaintiffs. The property sold by the defendant was adjudicated to a third person for [dollars] 7,000 as a result of non-payment. The second note was also protested for non-payment and the defendant obtained an order of seizure against the property of the plaintiffs. They alleged error and fraud and obtained an injunction. In the lower court hearings four juries had been unable to agree a verdict and two juries had found for the defendant, with judgement originally rendered in favour of Furst for [dollars] 6,559.87, with full interest until this sum had been paid. The Supreme Court was split 2-2 and did not disturb the decision of the court below. Verdict for defendant. However, the notary involved in New Orleans was severely rebuked for his misconduct in allowing the documents to be executed out of his presence in Jefferson parish, with only one of the subscribing witnesses present. Emmerling, the property broker, had behaved badly and had engaged in a secret bargain. The plaintiffs had found trouble understanding him. Notwithstanding this, there was evidence that the younger plaintiffs knew what they were doing, had good legal representation, and had visited the other property purchased from the defendant, and there was ample testimony that they had been pleased with it. The entire case lasted more than 8 years. Marie Joseph Beaulieu had died before the proceedings ended.

Download or read book Louisiana Supreme Court New Orleans written by and published by . This book was released on 1843 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The defendants appealed from a judgment ordering them to pay a fine of [dollars] 500 for allegedly carrying a known runaway on their boat. However, it was the captain of the ship, not the owner of the slave, who had found the boy and when he did so he followed the correct course of law. Therefore, the Supreme Court ordered that the judgment of the District Court be avoided and reversed, with costs in both courts.