Legal Opinion

Cleaveland v. Mayo

Supreme Court of Louisiana

Decided September 15, 1841PublishedCited by 8 opinions

WESTERN DlS. APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT FOR THE PARISH OE ST. LANDRY, THE JUDGE THEREOF PRESIDING. This is an action against the defendant and wife foi damages occasioned the plaintiff by shooting at and wounding him.

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WESTERN DlS. APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT FOR THE PARISH OE ST. LANDRY, THE JUDGE THEREOF PRESIDING. This is an action against the defendant and wife foi damages occasioned the plaintiff by shooting at and wounding him. The petition alleges that the defendant’s wife caused her brother, a minor, named John Smith, to fire a gun at the plaintiff, without any provocation, wounding him with several shot in one of his eyes and elsewhere, so that he has been unable to work at his -trade; being that of a shoemaker, and on which his means of support depended. He expressly…

1Opinion of the CourtGarland, J.

This suit is brought against the husband and wife, to recover damages in consequence of the plaintiff being shot at and severely wounded by one John Smith, jr., a minor, who fired the gun at the instance of, and under the express orders of the wife, the husbaijd being absent. The damages are laid at $5000.

The answers of Mayo and wife, after a general denial, state, that the former was frequently from home, being a captain of a steamboat; that the village in which they resided, was infested by many disorderly and riotous persons, who frequently loitered around their premises, breaking down the…

2Cited by8 opinions

  1. Succession of BurnsSupreme Court of Louisiana · 1942
  2. Baker v. HaldemanSupreme Court of Missouri · 1857
  3. Deshotel v. Travelers Indemnity CompanyLouisiana Court of Appeal · 1970
  4. Martin v. SandersLouisiana Court of Appeal · 1964
  5. Marionneaux v. BrugierLouisiana Court of Appeal · 1881

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