Jennings-Heywood Oil Syndicate v. Houssiere-Latreille Oil Co.
Citations
- 118 La. 262
- 42 So. 930
- 1907 La. LEXIS 704
Syllabus
<p>1. Sheriffs — Compensation — Sheriff’s Services in Sequestrating.</p> <p>A sheriff administrating sequestrated property is entitled to recover a just compensation for his administration. Learned v. Walton, 7 South. 723, 42 La. Ann. 460; Lambeth v. Sheriff, 6 South. 558, 41 La. Ann. 749; Lockhart v. Morey, 4 South. 581, 41 La. Ann. 1165; Code Prac. art. 283.</p> <p>[Ed. Note. — For cases in point, see Gent. Dig. vol. 43, Sheriffs and Constables, § 71.]</p> <p>2. Same — Question for Court to Determine.</p> <p>The parties to the suit left it to the court to fix the amount of the compensation. The agreement was, in submitting the question, “that the_ court shall take judicial cognizance of his entire gestión and of the compensation to which he is entitled; and that there is no necessity for the taking of testimony.”</p> <p>3. Appeal — Compensation of Sheriff — Items of Charges.</p> <p>It follows that there is no evidence before the Supreme Court. The decision rendered upon the court’s knowledge of the facts is taken as correct. It does not appear that items of charges were allowed which were not before the court to be considered as items in making up the amount allowed.</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.
- holding that declaratory relief is “a mode of relief, and is not an independent cause of action” and dismissing count for declaratory relief
- explaining that racial animus exhibited in statements by non-decisionmaker may demonstrate equal-protection violation if there is evidence that the non-decisionmaker influenced or manipulated the decision- making process
- denying a motion to dismiss equal protection claims where the plaintiff had alleged that the termination of Haiti’s TPS designation was motivated by race discrimination, based in part on statements of racial animus by the President
- “Plaintiffs’ claim is a constitutional challenge to the Secretary’s determination, which the scope of 8 U.S.C. § 1254a(b)(5)(A) does not clearly prohibit.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Breaux
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