Lescale v. Joseph Schwartz Co.
Supreme Court of Louisiana
Appeal.from Civil District Court, Parish of Orleans; Walter Byers Sommerville, Judge. Action by Dr. Joseph F. Lescale against the Joseph Schwartz Company, Limited, and others. Judgment for defendants, and plaintiff appeals.
1Opinion
On Rehearing.
PROVOSTY, J.
On application for a rehearing it is pointed out that in France, by special statute, material allegations are never actionable; and that even irrelevant defamatory, allegations are not actionable, unless an order is entered, in the suit itself in which they are made,' granting the right to bring suit on them. Article 23 of Act 1819; amended in 1881. We confess frankly this statute escaped our attention. Our excuse must be that it figures as an amendment to the Code Penal, and that to the Louisiana lawyer the field of French criminal law and criminal procedure is terra…
2Cases cited6 opinions
- White v. NichollsSupreme Court of the United States · 1845
- Gardemal v. McWilliamsSupreme Court of Louisiana · 1891
- Vinas v. Merchants' Mutual InsuranceSupreme Court of Louisiana · 1881
- Randall v. HamiltonSupreme Court of Louisiana · 1893
- Kelly v. LafitteSupreme Court of Louisiana · 1876
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