State v. Buck
Supreme Court of Louisiana
APPEAL from the Oivil District Court for the Parish of Orleans. Monroe, J. Declinatory exception is a dilatory exception. Code of Practice, 331. Declinatory exception declines “the jurisdiction of the judge before whom it is brought.” All dilatory exceptions must be pleaded before issue joined. C. P. 33 declares, in referring to dilatory exceptions, “in any case they must be pleaded in limine litis, nor shall such exceptions be allowed in any answer in any cause.”
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APPEAL from the Oivil District Court for the Parish of Orleans. Monroe, J. Declinatory exception is a dilatory exception. Code of Practice, 331. Declinatory exception declines “the jurisdiction of the judge before whom it is brought.” All dilatory exceptions must be pleaded before issue joined. C. P. 33 declares, in referring to dilatory exceptions, “in any case they must be pleaded in limine litis, nor shall such exceptions be allowed in any answer in any cause.” “ All dilatory exceptions are waived by answer.” Cross on Pleadings, pp. 123, 162. “ A plea of jurisdiction is waived by one to…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
Claiming as ownér, certain lands situated, in the parish of Plaquemines, on -the west side' of the'Mississippi'river, *662being tbe whole of township twenty-one (21) south, ranges thirty (30) and thirty-one (31) east, containing more than thirty thousand acres — same being what is commonly denominated as swamp and overflowed lands — plaintiff’s averment is, that she acquired same, in its entirety, except the front lots which were previously sold off by the United States government, and the sixteenth sections which were dedicated to the public…
2Cases cited6 opinions
- Municipality No. 2 v. Orleans Cotton PressSupreme Court of Louisiana · 1841
- Commonwealth v. WestSupreme Court of Pennsylvania · 1828
- Case of Field's EstateSupreme Court of Pennsylvania · 1830
- Phelps v. WilsonSupreme Court of Louisiana · 1840
- Prejean v. GiroirSupreme Court of Louisiana · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Waterman v. Tidewater Associated Oil Co.Supreme Court of Louisiana · 1947
- Meyer v. ComegysSupreme Court of Louisiana · 1920
- City of New Orleans v. Salmen Brick & Lumber Co.Supreme Court of Louisiana · 1914
- Slattery v. HeilperinSupreme Court of Louisiana · 1902
- State Ex Rel. Brenner v. NoeSupreme Court of Louisiana · 1936
20 more not listed; retrieve them via the Exa API.