Bernard v. Kelley
Citations
- 118 La. 132
- 42 So. 723
- 1907 La. LEXIS 682
Syllabus
<p>1. Assault and Battery — Civil Action.</p> <p>The suit is one sounding in damages.</p> <p>2. Same.</p> <p>The questions are mainly of facts.</p> <p>3. Same — Evidence.</p> <p>No person, even the most humble, should be subjected to blows, even though his demeanor was not as polite as it should have been.</p> <p>4. Same.</p> <p>A witness in court, while under examination as a witness, is under the court’s protection, and, if his behavior or answers are not proper from a personal point of view, it must be left to the court to reprimand or punish. The person examining is guilty of a public wrong if he loses his temper and resorts to blows.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 4, Assault, § 10.]</p> <p>5. Same — Justification.</p> <p>There are mitigating circumstances. They do not amount to a justification.</p> <p>(Syllabus by the Court.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- denying request for stay where movant “has not satisfied the heavy burden of demonstrating this case permits the Court to shirk [its] obligation” to exercise jurisdiction
Source: CourtListener parenthetical corpus (CC0).
Judges: Breaux
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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