Cited by
Opinions in Louisiana that cite California Company v. Price, 99 So. 2d 743.
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State v. Smith
571 So. 2d 746
La. Ct. App. 2d Cir. 1990
13:4231; , (1957); (La.App.
- Guidry v. BAYLY, MARTIN & FAY OF LA., INC. 545 So. 2d 567 La. Ct. App. 4th Cir. 1989
- Lowe v. Rivers 445 So. 2d 105 La. Ct. App. 2d Cir. 1984
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Wilson v. HJ Wilson Co., Inc.
430 So. 2d 1227
La. Ct. App. 1st Cir. 1983
In Shell Oil Company, supra
- Lamb v. Lamb 408 So. 2d 57 La. Ct. App. 1st Cir. 1981
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Holley v. Royal Globe Ins. Co.
407 So. 2d 32
La. Ct. App. 3d Cir. 1981
Co., , which had entrenched the doctrine of judicial estoppel in our jurisprudence.
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Ugulano v. Allstate Ins. Co.
367 So. 2d 6
La. 1978
where we examined in detail the "judicial estoppel" , (1957), judicial confession and the common law doctrine of "collateral estoppel."
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Ugulano v. Allstate Insurance
359 So. 2d 318
La. Ct. App. 5th Cir. 1978
4th Cir. 1976), we observed: “The thrust of the California Co. [ , (1957)] decision, considered with earlier and later decisions on the subject, is that when the triple identities are present, C.C.
- Sutterfield v. Fireman's Fund Am. Ins. Co. 344 So. 2d 1159 La. Ct. App. 4th Cir. 1977
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Scurlock Oil Co. v. Getty Oil Co.
344 So. 2d 1134
La. Ct. App. 1st Cir. 1977
(1957): “It is the settled jurisprudence of this court that matters once determined by a court of competent jurisdiction, if the judgment has become final, can never again be called into question by the parties or their privies, though the judgment may have been erroneous and liable to certain reversal
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Mitchell v. Bertolla
340 So. 2d 287
La. 1976
(1957), "adopted common law estoppel as one of the bases for its decision .
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Brown v. Globe Tool & Engineering Co.
337 So. 2d 894
La. Ct. App. 4th Cir. 1976
460 (La.1937); , (1957).
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Morris v. Morris
336 So. 2d 254
La. Ct. App. 1st Cir. 1976
Civil Code Article 2286; , (1957).
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Honeycutt v. Town of Boyce
327 So. 2d 154
La. Ct. App. 3d Cir. 1976
The doctrine of judicial estoppel or estoppel by judgment has been recognized in Louisiana, , (1957), although there is language to the contrary: ".
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Sliman v. McBee
311 So. 2d 248
La. 1975
Alternatively, defendants urge that principles of judicial estoppel bar further litigation of Mrs. Sliman's right of dissolution, citing, inter alia, , (1957).
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Baker v. Wheless Drilling Company
303 So. 2d 511
La. Ct. App. 2d Cir. 1975
(1957) the court held, "[E]ven if res judicata cannot be strictly applied the parties to this litigation are bound by judicial estoppel which *515 extends to every material allegation or statement made on one side in the prior Price case and denied on the other which was determined in the course of the
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Gros v. LeBlanc
304 So. 2d 49
La. Ct. App. 1st Cir. 1974
Art. 2286 [2] strictly as written, Judge Domengeaux, in writing for the Court observed: "The same is not true, however, of judicial estoppel, , , our Supreme Court held that the doctrine of judicial estoppel is recognized *51 in Louisiana, and used the following language in explaining its force and scope: "It is the settled jurisprudence of this court that matters once determined by a court of competent jurisdiction, if the judgment has become
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Scurlock Oil Company v. Getty Oil Company
294 So. 2d 810
La. 1974
1121 , (1965); , (1957); 1 Pothier On Obligations (3d ed. 1853, Translation by William David Evans) Article V [53], p. 588.
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Olsen Engineering Corp. v. Hudson Engineering Corp.
289 So. 2d 346
La. Ct. App. 1st Cir. 1974
234 , (1946); , (1957); Bank of Terrebonne & Trust Company v. Marcel, supra; (2nd La.App.1958); Richards v. Crescent Towing & Salvage Co., (Orl.La.App.1959); Lege v. United States F. & G. Co., (3rd La.App.1966); (1st
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Barnett v. Develle
289 So. 2d 129
La. 1974
713 , ; Cauefield v. Fidelity & Casualty Co. of N. Y., 5 Cir., 378 F.2d 876 ; Breeland v. Security Insurance Co. of New Haven, Conn., 5 Cir., 421 F.2d 918 ; , ; Quarles v. Lewis, 226 La.
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Scurlock Oil Company v. Getty Oil Company
278 So. 2d 851
La. Ct. App. 3d Cir. 1973
(1957), the Louisiana Supreme Court held: "It is the settled jurisprudence of this court that matters once determined by a court of competent jurisdiction, if the judgment has become final, can never again be called into question by the parties or their privies, though the judgment may have been erroneo
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Bordelon v. Landry
278 So. 2d 173
La. Ct. App. 4th Cir. 1973
where the court granted writs in a concursus proceeding to determine the validity of a mineral lease.
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Broussard v. Broussard
275 So. 2d 410
La. Ct. App. 3d Cir. 1973
The same is not true, however, of judicial estoppel, , , our Supreme Court held that the doctrine of judicial estoppel is recognized in Louisiana, and used the following language in explaining its force and scope: It is the settled jurisprudence of this court that matters once determined by a court of competent jurisdiction, if the judgment has become final
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Rayborn v. Rayborn
246 So. 2d 400
La. Ct. App. 1st Cir. 1971
(1957) and cases therein cited.
- Placid Oil Co. v. Young 246 So. 2d 306 La. Ct. App. 1st Cir. 1971
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Succession of Marlin
240 So. 2d 387
La. Ct. App. 1st Cir. 1970
e existence of the alleged act of adoption by Isaac Urban and Eva Mae of Urban, Jr. It seems clear that Billy Wayne is the “successor” of Urban, Jr., the “ayant cause" of Urban, Jr., or the “privy” of Urban, Jr. Since we sustain the exception of res judicata, it is unnecessary to discuss appellant’s contention that the doctrine of “judicial estoppel,” , (1957), is applicable.
- Stevens v. State Mineral Board 233 So. 2d 542 La. 1970
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Fontenot v. Pan American Fire & Casualty Company
209 So. 2d 105
La. Ct. App. 3d Cir. 1968
2d 197 ; , ; Pitts v. Neugent, 187 La.
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FIDELITY AND CASUALTY COMPANY OF NY v. Clemmons
198 So. 2d 695
La. Ct. App. 1st Cir. 1967
: "It is the settled jurisprudence of this court that matters once determined by a court of competent jurisdiction, if the judgment has become final, can never again be called into question by the parties or their privies, though the judgment may have been erroneous and liable to certain reversal o
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Lege v. United States Fidelity & Guaranty Company
186 So. 2d 670
La. Ct. App. 3d Cir. 1966
(1957) as follows: "Moreover, even if res judicata cannot be strictly applied the parties to this litigation are bound by judicial estoppel which extends to every material allegation or statement made on one side in the prior Price case and denied on the other which was determined in the course of the p
- Coates Equipment & Service, Inc. v. Glover 181 So. 2d 455 La. Ct. App. 1st Cir. 1965
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Shell Oil Company v. Texas Gas Transmission Corp.
176 So. 2d 692
La. Ct. App. 4th Cir. 1965
It does contend that this case is governed by the federal rule of collateral estoppel under the full faith and credit statute and further contends that Louisiana law also recognizes the doctrine of *696 , .
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Giroir v. Dumesnil
172 So. 2d 89
La. Ct. App. 1st Cir. 1965
Allen v. Commercial National Bank in Shreveport, La.App., .
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Rouseo v. Atlas Finance Co.
167 So. 2d 495
La. Ct. App. 4th Cir. 1964
965 : “ ‘The doctrine of the common law courts that res adjudicata includes not only everything pleaded in a cause but even that which might have been pleaded, does not generally obtain under our system.’ ” (Citing many authorities) , , sometimes referred to as the second Price case, the majority opinion stated: “Moreover, even if res judicata cannot be strictly applied the parties to this litigation are bound by judicial estoppel which extends to every material allegation or statement made on o
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Johnson v. Lemons
157 So. 2d 752
La. Ct. App. 2d Cir. 1963
Amerada Petroleum Corp. v. State Mineral Board, 203 La.
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Allen v. Commercial National Bank in Shreveport
138 So. 2d 252
La. Ct. App. 2d Cir. 1962
805 ; , ; Pitts v. Neugent, 187 La.
- Terrebonne Parish School Board v. St. Mary Parish School Board 138 So. 2d 104 La. 1961
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State v. Cenac
132 So. 2d 928
La. 1961
Of the three justices who have not subscribed to the court's action in refusing the instant writ, only Mr. Justice HAWTHORNE was a member of this court at the time the first Price case and its sequel, the second Price case ( , ), were handed down.
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Buhler v. Villec
117 So. 2d 286
La. Ct. App. 1st Cir. 1960
[7] Quarles v. Lewis, supra, the rationale of which was not overruled by California Company v. Price, 1957, , , according to the author of that opinion.
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Richards v. Crescent Towing & Salvage Co.
115 So. 2d 894
La. Ct. App. 4th Cir. 1959
252 , ; California Company v. Price, 1957, , .