Legal Opinion

Kohn v. Mayor of Carrollton

Supreme Court of Louisiana

Decided November 15, 1855PublishedCited by 15 opinions

from the Third District Court of Jefferson, J. Olarhe, J.

1Opinion of the CourtSpofpord, J.

The plaintiff has appealed from a judgment of the District Court, dismissing his suit, upon a plea of prescription interposed by the defendants.

The only question decided below or discussed here, seems to be this; does the action spring ex deliaio or ex contractu ?

We cannot concur with the District Judge in considering it as an action in damages for an offence or quasi-offence, and therefore we find the prescription of one year to be inapplicable.

*720Por the purposes of this inquiry, we must look to the entire petition, and not to any detached expression.

The allegation that the plaintiff has been…

2Cited by15 opinions

  1. Davis v. Le BlancLouisiana Court of Appeal · 1963
  2. State Ex Rel. Guste v. Simoni, Heck & AssociatesSupreme Court of Louisiana · 1976
  3. Liles v. Producers' Oil Co.Supreme Court of Louisiana · 1924
  4. P. Olivier & Sons, Inc. v. Board of Com'rsSupreme Court of Louisiana · 1935
  5. Transportation Equipment Co. v. Younger Bros.Louisiana Court of Appeal · 1948

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