Brown v. Louisiana & N. W. R.

Citations

• 118 La. 87
• 42 So. 656
• 1906 La. LEXIS 838

Syllabus

<p>1. Venue — Action oe Trespass — Jurisdiction,</p> <p>Suit was properly instituted before the court having jurisdiction over the place where the trespass was committed.</p> <p>(a) The act of “commission,” and the matter related to a servitude of drain. Code Prac. art. 165, § 8.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 48. Venue, § 17.]</p> <p>2. Courts — Court oe Appeal — Adjourned or Special Session.</p> <p>The Court of Appeal had the authority to hold an adjourned session.</p> <p>It does not appear whether it was an adjourned or special session.</p> <p>It is assumed that the court held the session it had authority to hold. The maxim “omnia rite” has some application. Counsel appeared before the court, argued the case, and filed brief, and cured all defects regarding notice of time set for holding session (whether it was a special or an adjourned session).</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 9, Certiorari, § 178.]</p> <p>On the Merits.</p> <p>3.Appeal — Review—Trespass—Evidence.</p> <p>The case, having been ordered up, is before us on its merits.</p> <p>The facts are that the district judge, familiar with the local situation, decided that the damages were not shown with sufficient certainty to base judgment thereon.</p> <p>The Court of Appeal decided that damages-had been caused, and fixed them at an amount for which decree was rendered.</p> <p>Considering the opinion of each, the district court and the Court of Appeal (in order to bring the cause entirely within the limits of' certainty), the amount allowed is reduced.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 3, Appeal and Error, §§ 4498-4500.]</p> <p>(Syllabus by the Court.)</p>