Legal Opinion
Mullen v. Kerlec
Supreme Court of Louisiana
Decided December 18, 1905No. 15,787PublishedCited by 15 opinions
Certiorari to Court of Appeal, Parish of Orleans. Action by James D. L. Mullen against Mrs. Widow A. Kerlee. Judgment for plaintiff was affirmed by the Court of Appeal, and defendant applies for certiorari or writ of review.
1Opinion of the CourtLand, J.
The opinion of the Court of Appeal reads as follows, viz.:
“A lessor sued to evict his lessee for failure to pay the rent, and the latter answered, first, that the rent was not due, and, next, that she retained it to make certain repairs. At the trial the judge properly ordered the lessee to elect between those two inconsistent defenses, and she stood upon the latter.
“Article 2694, Rev. Civ. Code, reads as follows: ‘If the lessor do not make the necessary repairs in the manner required in the preceding article, the lessee may call on him to make them. If he refuse or neglect to make them, the…
2Cases cited3 opinions
- Lewis v. PepinSupreme Court of Louisiana · 1881
- Winn v. SpearingSupreme Court of Louisiana · 1874
- Mulhaupt v. EndersSupreme Court of Louisiana · 1886
3Cited by15 opinions
- Brignac v. BoisdoreSupreme Court of Louisiana · 1973
- Dreyfuss v. Process Oil & Fuel Co.Supreme Court of Louisiana · 1917
- Board of Com'rs v. Turner Marine BulkLouisiana Court of Appeal · 1993
- Shear v. CastrinosLouisiana Court of Appeal · 1976
- Cameron v. KrantzLouisiana Court of Appeal · 1974
10 more not listed; retrieve them via the Exa API.