State v. Bermudez
Supreme Court of Louisiana
Eastern Dist. ON AN APPLICATION POIt A MANDAMUS. This is an applicationf or a mandamus,'to the judge of probates for the parish and city of New-Orleans, requiring him to take cognizance of a monition, taken out to confirm a sale, made by authority of the Probate Court, in 1833, previous to the passage of the monition law.
Read the full summary
Eastern Dist. ON AN APPLICATION POIt A MANDAMUS. This is an applicationf or a mandamus,'to the judge of probates for the parish and city of New-Orleans, requiring him to take cognizance of a monition, taken out to confirm a sale, made by authority of the Probate Court, in 1833, previous to the passage of the monition law. The judge refused to act in the case as the sale took place before the passage of the law. applied for the mandamus, on the following affidavit and petition, sworn to by Culbertson : “ That on or about the 27th day of April, of the year 1833, he purchased certain lots of…
1Opinion of the CourtBullard, J.
To a rule taken upon the judge of probates for the parish of Orleans,, to show cause why a mandamus should not issue, commanding him to proceed and adjudicate upon a monition issued under the act of 1834, entitled “An act for the further assurance of titles to purchasers at judicial sales,” the judge shows for cause, in the words of this court, in the case of Donaldson vs. Winters, to wit: “it is a so.und principle of construction never to consider laws as applying to cases which arose previous to their passage, unless the legislature declared such to be their intention.” 1 Louisiana Reports,…
2Cited by10 opinions
- Talbot v. Trinity Universal Insurance CompanyLouisiana Court of Appeal · 1957
- United States v. Nebo Oil Co.District Court, W.D. Louisiana · 1950
- Higginbotham v. City of Baton RougeSupreme Court of Louisiana · 1938
- Succession of HendersonSupreme Court of Louisiana · 1842
- Harris v. Monroe Building & Loan Ass'nLouisiana Court of Appeal · 1934
5 more not listed; retrieve them via the Exa API.