· 7/1/1902

L. J. Mestier & Co. v. A. Chevalier Pavement Co.

Citations

108 La. 562

Syllabus

Syllabus. On Motion to Dismiss Appeal. 1. The appeal of particular appellant will not be dismissed in limine on the-ground that he has no interest to appeal, when the whole case is before the-court on appeals of others, and an examination of the entire record would be requisite to ascertain the relations of parties. 2. Where appellant furnishes an appeal bond for the amount fixed by the court, the appeal will be maintained as devolutive, even if the bond be too small for a suspensive appeal. On the Mebit». 1. The amicable compounder not having been sworn and some of the facts not having been placed before him in the arbitration, his return was properly annulled. 2. An amount paid by one of the parties, which is charged on joint account and', afterward credited on the personal account is a proper showing of indebtedness and credit. 8. The weight of testimony sustains an item for cement used for joint account. 4. Credit is entered corresponding with remittitur made by plaintiff. 5. A corporation may not hav? power to bind itself as a partner, but may bind' itself to share in the profits of contracts it is authorized to perform, with anyone from whom It receives adequate consideration. B. Plaintiff, under the agreements, had an interest in the sums earned. 7. Where, in an article of agreement to submit to an amicable compounder, parties make admissions in matters not to be submitted to him, there is no reason, in case it becomes evident that It was not at all a matter in which there-was any difference between them not to give it consideration, and further, where it was made manifest by the testimony that it was correctly charged, the finding of the District Court decreeing that it was correctly charged will .not be disturbed. 8. An amount earned in a joint venture under a contract with the United States government was properly charged. 9. The demand of the intervenor on appeal

How courts have described this case

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

explaining that “to determine whether [the] [d]efendants acted maliciously or wantonly,” courts must examine, inter alia, “the threat” posed by the plaintiff
explaining that the “correlation between the need for force and the amount of force used . . . [i.e.,] the principle proportionality” is an important factor in analyzing excessive force claims
finding no Eighth Amendment violation where officer sprayed inmate with pepper spray “in the face . . . for a couple of seconds” after inmate repeatedly resisted multiple officers’ orders
granting summary judgment in favor of Defendants where the plaintiff’s testimony was “uncorroborated by any evidence, and, apart from being self- serving testimony that is insufficient to defeat summary judgment, it is belied by the video evidence”
“Deprivations of such mild duration and severity do not rise to the level of being considered cruel and unusual treatment 4 under the Constitution.”
“Deprivations of such mild duration and severity do not rise to the level of being considered cruel and unusual treatment under the Constitution.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Appeal, Breaux, Dismiss, Merits, Motion, Nicholls

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