Cited by

Opinions in Louisiana that cite Summerell v. Phillips, 247 So. 2d 542.

84 citing documents.

Gathright v. Smith 368 So. 2d 679 La. 1979
[4] , (1971), which held that the court of appeal could not declare an ordinance unconstitutional if unconstitutionality had not been pleaded in the district court.
Jackson v. Gordon 366 So. 2d 936 La. Ct. App. 1st Cir. 1978
Dolhonde v. Dolhonde 357 So. 2d 810 La. Ct. App. 1st Cir. 1978
Willis v. Southwest Louisiana Electric Membership Corp. 357 So. 2d 1313 La. Ct. App. 1st Cir. 1978
Also, the constitutional issue is not properly before this Court of Appeal, because it was not specially pleaded nor were the grounds particularized in the trial court, , (1971).
Jarred v. Jarred 355 So. 2d 566 La. Ct. App. 3d Cir. 1978
Co., , (1971); City of Shreveport v. Pedro, 170 La.
Gorham v. Gorham 354 So. 2d 655 La. Ct. App. 1st Cir. 1977
State v. Madere 352 So. 2d 666 La. 1977
15:31, he may, by appropriate pleadings, ( , (1971)), place at issue the constitutionality of the statute as here interpreted.
Gathright v. Smith 352 So. 2d 282 La. Ct. App. 2d Cir. 1977
Plaintiff opposes our consideration of this question as he contends that the constitutional issue cannot be brought up on appeal because it was not pleaded in the trial court, , (1971) and the cases cited therein.
Greer v. Greer 346 So. 2d 846 La. Ct. App. 1st Cir. 1977
(1971); and Johnson v. Welsh, La., *849 (1976).
Cannon v. Richland Parish Police Jury 338 So. 2d 1188 La. Ct. App. 2d Cir. 1976
Perez v. Edwards 336 So. 2d 1072 La. Ct. App. 1st Cir. 1976
Johnson v. Welsh 334 So. 2d 395 La. 1976
(1971) and cases cited therein; City of Shreveport v. Pedro, 170 La.
Miller v. Hoyle 328 So. 2d 757 La. Ct. App. 1st Cir. 1976
Schwegmann Bros. Giant Super Markets v. Edwards 323 So. 2d 810 La. Ct. App. 4th Cir. 1976
articles 3862 and 3863; , 247 So.
Groves v. Board of Trustees of Teach. Retire. Sys. 324 So. 2d 587 La. Ct. App. 1st Cir. 1976
Smith v. Flournoy, 238 La.
Zuber v. Lafourche Parish School Board 325 So. 2d 764 La. Ct. App. 1st Cir. 1976
(1971) stated: "Although several exceptions have been recognized, [footnote omitted] the general rule prevails that a litigant cannot raise the unconstitutionality of a statute or ordinance unless its unconstitutionality is specially pleaded and the grounds particularized.
Barnes v. Dixie Electric Membership Corporation 323 So. 2d 247 La. Ct. App. 1st Cir. 1975
(1971) stated: "Although several exceptions have been recognized, [footnote omitted] the general rule prevails that a litigant cannot raise the unconstitutionality of a statute or ordinance unless its unconstitutionality is specially pleaded and the grounds particularized.
Mims v. West Baton Rouge Parish School Board 315 So. 2d 349 La. Ct. App. 1st Cir. 1975
Orleans Parish School Board v. Williams 312 So. 2d 647 La. 1975
Aside from declaring Act 67 of 1962 unconstitutional without a special plea of unconstitutionality, reversed , (1971), I cannot agree with the Court of Appeal opinion that Section 35 of Article III has the effect assigned to it by the Court.
Leger v. Louisiana Dept. of Wildlife and Fisheries 306 So. 2d 391 La. Ct. App. 3d Cir. 1975
Castille v. Evangeline Parish School Board 304 So. 2d 701 La. Ct. App. 3d Cir. 1975
Our jurisprudence is established that the unconstitutionality of a statute must be specially pleaded in the trial court, and the grounds particularized, , 247 So.
Becker v. Allstate Insurance Co. 307 So. 2d 101 La. 1975
(1971) and cases cited therein.
State v. Wright 305 So. 2d 406 La. 1974
Smith v. City of Alexandria 300 So. 2d 561 La. Ct. App. 3d Cir. 1974
The unconstitutionality or invalidity of a statute or ordinance must be specially pleaded in the trial court, , (1971).
Simon v. Jefferson Davis Parish School Board 289 So. 2d 511 La. Ct. App. 3d Cir. 1974
(1971); Maher v. City of New Orleans, 256 La.
Bye v. Giarrusso 292 So. 2d 742 La. Ct. App. 4th Cir. 1974
Sonier v. Louisiana Power & Light Co. 293 So. 2d 24 La. Ct. App. 1st Cir. 1974
Schwegmann Bros. GS Mkts. v. Louisiana Milk Com'n 290 So. 2d 312 La. 1974
Summerell v. Phillips 282 So. 2d 450 La. 1973
Morgavi v. Mumme 270 So. 2d 540 La. 1972
(1971), the phrase upon the record on appeal has major significance.
Whitfield v. Jones 270 So. 2d 153 La. Ct. App. 1st Cir. 1972
(1971); City of Shreveport v. Pedro, 170 La.
Twentieth Century-Fox Distributing Corp. v. Lakeside Theatres, Inc. 267 So. 2d 225 La. Ct. App. 1st Cir. 1972
Rousselle v. Lyons 262 So. 2d 850 La. Ct. App. 1st Cir. 1972
(1971), supports plaintiffs’ first contention, i. e., that the registrar cannot attack the constitutionality of a state statute.
Ledoux v. Waterbury 261 So. 2d 96 La. Ct. App. 1st Cir. 1972

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