Livingston v. Heerman
Supreme Court of Louisiana
Appeal from the court of the first district. This suit is brought in pursuance of the provisions of the 46th law of the 2d title of the 3d Partidas;—by which it is enacted, that no man shall be compelled to sue another, unless when he goes about declaring that, that other is his slave, or defaming him in his character, or slandering his title to his property. See n. 2 of Greg.
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Appeal from the court of the first district. This suit is brought in pursuance of the provisions of the 46th law of the 2d title of the 3d Partidas;—by which it is enacted, that no man shall be compelled to sue another, unless when he goes about declaring that, that other is his slave, or defaming him in his character, or slandering his title to his property. See n. 2 of Greg. Lopez on this law; also 2 Elizondo. 136, and Febrero, page 2, l. 3, c. 1, no. 2. In these and the like cases, he who is thus defamed or injured, may petition the competent judge to oblige the defamer to bring suit and…
1Opinion of the CourtPorter, J.
The petitioner asserts that he is the owner of a lot of ground situated in the fauxbourg, St. Mary, having certain metes and boundaries on which he has made improvements; that he has wished to sell it, and that he could have obtained a great price for it. But that one Lewis Heerman, of the said city, gives out in speeches, that he is the owner and proprietor of the same; that he (the petitioner) had requested him to desist from thus slandering the title, or if he had any just *699claim for the property, to bring a suit for it. That the said Heerman will neither give up his claim continues to…
2Cases cited4 opinions
- Queen v. HepburnSupreme Court of the United States · 1813
- Durnford v. DegruysSupreme Court of Louisiana · 1820
- Urquhart v. TaylorSupreme Court of Louisiana · 1817
- Center v. StocktonSupreme Court of Louisiana · 1820
3Cited by1 opinion
- Winslow v. Troy Iron & Nail FactoryOhio Superior Court, Cincinnati · 1853