Wellman v. Smith
Citations
- 114 La. 228
- 38 So. 151
- 1905 La. LEXIS 445
Syllabus
<p>BUILDING CONTRACTOR’S BOND — VALIDITY-LIABILITIES OF OWNERS.</p> <p>1. The issue is whether the bond is legal.</p> <p>2. It contains no reference to Act No. 180, p. 223, of 1894, which leaves to the owner to exact a bond for his protection by requiring security from the contractor in favor of the subcontractor, workmen, and furnishers of material.</p> <p>3. The bond executed contained conflicting conditions, and was so worded as to embarrass the beneficiary in any suit to recover his claim.</p> <p>4. The workman had the right to decline to accept this bond, and to sue upon his claim.</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.
- finding that KPSPA’s requirements for a hearing within thirty days and a stay of discovery were procedural and did not apply in diversity case
- applying Kansas' anti-SLAPP statute and only considering pleadings and affidavits in second step, when deciding whether responding party met its burden
- noting that “it is not convinced that . . . the mandatory discovery stay provisions of the Act are applicable in federal diversity actions, as those provisions are strictly procedural in nature and do not affect the outcome of the case (citing Metabolife)
- the court “is not convinced that the requirement that a court hold a hearing within 30 days and the mandatory discovery stay provisions of the Act are applicable in federal diversity actions, as those provisions are strictly procedural in nature and do not affect the outcome of the case.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Breaux
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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