The Revised Civil Code of the State of Louisiana: To which are Added Useful and Abundant References to the Decisions of the Supreme Court Up to and Including Volume XXXIV of the Annual Reports, and Also References to the Acts of the Legislature Up to and Including the Session of 1882, Together with Annotations from the French and Spanish Authorities Upon the Civil Law
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Page 5 - in civil matters, where there is no express law, the judge is bound to proceed and decide according to equity. To decide equitably, an appeal is to be made to natural law and reason, or received usages where positive law is silent.
Page 13 - It is in its nature a statute of limitations. The right of the state to prescribe the time within which existing rights shall be prosecuted, and the means by and conditions on which they may be continued in force, is, we think, undoubted. Otherwise, where no term of prescription exists at the inception of a contract, it would continue in perpetuity, and all laws fixing a limitation upon it would be abortive. Now, it is elementary that the state may establish...
Page 276 - A master also may bring an action against any man for beating or maiming his servant: but in such case he must assign, as a special reason for so doing, his own damage by the loss of his service; and this loss must be proved upon the trial...
Page 61 - ... 83. A married woman, not separated from bed and board, has no other domicile than that of her husband. The domicile of an unemancipated minor is with his father and mother, or with his tutor. The domicile of a person of the age of majority interdicted for insanity is with his curator.
Page 270 - If the wife who has obtained the divorce has not sufficient means for her maintenance, the court may allow her in its discretion, out of the property and earnings of her husband, alimony which shall not exceed one-third of his income. This alimony shall be revocable in case it should become unnecessary, and in case the wife should contract a second marriage.
Page 41 - ... was held after long debate not to extend to the surgeon, who opened the vein of a person that fell down in the street with a fit. 5. But, lastly, the most universal and effectual way of discovering the true meaning of a law, when the words are dubious is by considering the reason and spirit of it or the cause which moved the legislator to enact it.
Page 35 - When the words of a law are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.
Page 45 - Laws may be repealed either entirely or partially, by other laws. 14 A. 5, 11. ART. 23. [23.] — The repeal is either express or implied : It is express, when it is literally declared by a subsequent law ; It is implied, when the new law contains provisions contrary to, or irreconcilable with those of the former law.