Cases Argued and Determined in the Supreme Court of Louisiana, Volume 120F.F. Handell, 1908 - Law reports, digests, etc |
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Common terms and phrases
45 South accused action adjudication affirmed alleged amount appellee appointed authority bank bill of exceptions cause Cent charge claim clerk contract corporation counsel Court of Appeal creditors Criminal Law damages debts decreed deed defendant defendant's demand denied dismissed district attorney district court election evidence ex rel fact Farmerville fendant filed Goodbee ground heirs held homestead insured issue John McEnery judge judgment appealed Judicial District Court jurisdiction land lease Louisiana Lumber mandamus marriage ment mortgage motion Note.-For owner paid Parish of Orleans parties payment person petition plaintiff pleaded police jury Ponchatoula possession Powell prayed primary election proceedings prosecution purchaser question Railroad Rayon reason received record Rehearing rendered rule sheriff Shreveport sold suit Syllabus testified testimony thereof Thomas Newman tiff timber tion tract trial Walter Guion Washington Parish witness writ
Popular passages
Page 105 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers, and no others : First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted ; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.
Page 1021 - Code undertook to abolish these distinctions by enacting that "every act whatever of man that causes damage to another, obliges him by whose fault it happened to repair it.
Page 761 - We take the general doctrine to be in this country, though there may be exceptional cases and some authorities to the contrary, that the powers of corporations organized under legislative statutes are such, and such only, as those statutes confer. Conceding the rule applicable to all statutes, that what is fairly implied is as much granted as what is expressed, it remains that the charter of a corporation is the measure of its powers, and that the enumeration of these powers implies the exclusion...
Page 443 - The trustee of the estate of a bankrupt, upon his appointment and qualification, and his successor or successors, if he shall have one or more, upon his or their appointment and qualification, shall in turn be vested by operation of law with the title of the bankrupt, as of the date he was adjudged a bankrupt...
Page 285 - The thresher company, however, plants itself upon the so-called "trust-fund" doctrine .that the capital stock of a corporation is a trust fund for the payment of its debts; its contention being that such a
Page 433 - The governor shall have power, in case of insurrection, invasion, tumult, riot or breach of the peace, or imminent danger thereof, to order into the active service of the state any part of the militia that he may deem proper.
Page 443 - ... (3) powers which he might have exercised for his own benefit, but not those which he might have exercised for some other person; ... (5) property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him...
Page 441 - This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void if the interest of the insured be other than unconditional and sole ownership...
Page 443 - November, 1912; the same day he filed a voluntary petition in bankruptcy in the United States District Court for the Middle District of Pennsylvania and was adjudicated a bankrupt on the 6th day of the same month.
Page 443 - ... if any change other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard) whether by legal process or judgment or by voluntary act of the insured, or otherwise...