· 5/24/1909

Gouner v. Missouri Valley Bridge & Iron Co.

Citations

123 La. 964
49 So. 657
1909 La. LEXIS 810

Syllabus

1. Application to Remove Cause. The defendant made application to remove the case to the federal Circuit Court. The application was denied. It was not pressed for decision in this court. 2. Appearance (§§ 9, 24*) — General or Special-Petition eor Removal — Waiver or Citation. In the petition for the removal to the federal Circuit Court, the defendant strongly guarded by sufficient allegation its right to hereafter plead that it had not been cited. In view of the allegation, full effect is given to the reservation made by defendant in regard to the asserted want of citation. [Ed. Note. — For other cases, see Appearance, Cent. Dig. §§ 50, 134; Dec. Dig. §§ 0, 24.*J 3. Absentees (§ 2*) — Substituted Service— “Absentee.” Persons who have no domicile in the state, as well as those who, having resided here, have left the state permanently and left no property, are absentees. [Ed. Note. — For other cases, see Absentees, Cent. Dig. § 1; Dec. Dig. § 2.* For other definitions, see Words and Phrases, vol. 1, p. 37.] 4. Corporations (§ 668*) — Foreign Corporations — Process—Service. No legal judgment can be obtained against an absentee (who had no agent and no property here) by service on the Secretary of State. [Ed. Note, — For other cases, see Corporations, Cent. Dig. §§ 2603-2627; Dec. Dig. § 668.*] 5. Withdrawal prom State. The issues are limited to those corporations that leave the state before service on the Secretary of State. 6. Point Not Determined. There is no necessity of passing upon the other point attacking the constitutionality of the statute as relates to corporations carrying on business in this state when service is made. (Syllabus by the Court.)

How courts have described this case

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

finding that such a policy treated opioid-addicted prisoners differently and that refusing to offer exceptions to the policy was a failure to provide a reasonable accommodation
finding likelihood of irreparable harm where prospective inmate “presented evidence that if the Defendants curtail her MAT, she will be forced into withdrawal with painful physical symptoms and an increased risk of later relapse, overdose, and death”
“Ripeness analysis aims to prevent the courts, through avoidance of premature adjudication, from entangling themselves in abstract disagreements.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Breaux

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