Garland v. Wunderlich
Citations
- 117 La. 346
- 41 So. 644
- 1906 La. LEXIS 701
Syllabus
<p>1. Possessory Action — Evidence — Limitations.</p> <p>In a possessory action, it is incumbent on the plaintiff to prove possession, at the time of the disturbance complained of, and during the year preceding, and that the disturbance occurred within a year prior to the institution of the action.</p> <p>[Ed. Note. — For cases in point, see vol. 46, Cent. Dig. Trespass, §§ 32-47.]</p> <p>2. Appeal — Theory oe Case.</p> <p>This court is not at liberty, of its own motion, to deal with a possessory action as though it were petitory.</p> <p>[Ed. Note. — For cases in point, see vol. 2, Cent. Dig. Appeal and Error, §§ 1053-1055.]</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.
- “Unjust retention of benefits only occurs when the benefits were ‘conferred (a) in misreliance on a right or duty; or (b) through dutiful intervention in another’s affairs; or (c) under constraint.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Monroe
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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