Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 100, PT. 2

Louisiana Reports; Cases Argued and Determined in the Supreme Court of Louisiana Volume 100, PT. 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...France in 1869. The court held that the act of 1855 was a revisory statute, which merely reiterated the provisions of the act of 1842, saying: "It formed a part of the general revisory legislation which has been had periodically in this State It was simply a reproduction of the laws of previous years, which had existed long ante rior to the date of the (French) treaty. It was not a new enactment, etc., but a reproduction of the act of 1842." The French heirs were relieved from the payment oi the tax on-ihe authority of the Duiour and other cases cited. It is urged upon us that this last decision was by a divided court, and that we have before us what the former court did not have--a statute of Louisiana. enacted since the promulgation of the treaty and passed with direct reference to it, indicating unmistakably an intention and purpose on the part of the Legislature that its provisions should not thereafter have effect on successions in Louisiana. It is contended that the Supreme Court of the United States, in Prevost vs. Grenoux, 19 Howard, p. 1, expressly recognized the power and control of the State Legislature over the operation of the treaty within the limits of the different States, when it made the following declaration: "It is proper to say that the obligation of the treaty, and the.operation in the State after it was made, depend upon the laws of Louisiana. The treaty does not claim for the United States the right of controlling the succession of real or personal property in a State; and its operation is expressly limited to the States of the Union whose laws permit it, and so long and to the same extent as those laws shall remain in force. And, as there is no act of the Legislature repealing this law and...show more

Product details

  • Paperback | 382 pages
  • 189 x 246 x 20mm | 680g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236887778
  • 9781236887771