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· 4/26/1909

First Nat. Bank v. Richardson

Citations

  • 123 La. 723
  • 49 So. 485
  • 1909 La. LEXIS 772

Syllabus

<p>Certiorari (§ 5*) — Prohibition (§ 3*) — Grounds oe Remedy — Existence oe Remedy by Appeal.</p> <p>Where plaintiff stated that he would not move for a new trial, but would acquiesce in defendant’s application, and counsel for one of defendants objected to a new trial, when the matter was referred to another day, when a new trial was granted, any error in granting the new trial without a motion therefor was reviewable by appeal, and hence certiorari and prohibition would not lie to review the ruling.</p> <p>[Ed. Note. — For other cases, see Certiorari, Cent. Dig. §§ 5, 6; Dee. Dig. § 5*; Prohibition, Cent. Dig. §§ 4^-19; Dec. Dig. § 3.*]</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding tribal autonomy undermined by promissory note’s requirements including provisions that deemed entity in default in the event of any “Adverse Tribal Government Action” or “Adverse Change of Tribal Law.”
  • finding tribe’s receipt of “drastically smaller percentage” of revenue weighed heavily against sovereign immunity

Source: CourtListener parenthetical corpus (CC0).

Judges: Provosty

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