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· 3/2/1908

Gary v. Brenholz

Citations

  • 120 La. 1028
  • 46 So. 12
  • 1908 La. LEXIS 602

Syllabus

<p>Motions — Rule to Show Cause — When Allowable.</p> <p>Where, in a proceeding by rule, in which plaintiff alleges that defendant is wrongfully in possession of his (plaintiff’s) property and prays that he be ordered to show cause why a writ of possession should not issue, defendant excepts that the proceeding by rule is unauthorized, the exception is properly maintained. “The right to initiate an original judicial proceeding by rule must be derived from express statutory authority.”</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 35, Motions, § 1.]</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.

  • “[a]lthough the RNC “ma[de] few physical changes” to the Photograph, “new expressive 23 content or message is apparent,” satisfying the transformation inquiry

Source: CourtListener parenthetical corpus (CC0).

Judges: Monroe

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