Cited by
Opinions in Louisiana that cite Flower v. O'Connor, 17 La. 213.
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Randall Kling v. Troy Hebert Ernest P. Legier, Jr., in His Official Capacity as the Commissioner of the …
La. 2024
Prescription is interrupted when a defendant knows or should know, prior to the expiration of the prescriptive 5 As early as Flower v. O’Connor, (1841), this Court observed: It is clear from this doctrine of Pothier, that in order to determine the effect and extent of a legal interruption, we must enquire more particularly into the object and cause of the action, than the right of the plaintiff, the manner in which it is pr
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In Re Med. Malprac. Claims Regard. Diecidue
972 So. 2d 485
La. Ct. App. 5th Cir. 2007
Nini v. Sanford Brothers, Inc., (1841).
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Sam v. Sorrel Electrical Contractors, Inc.
525 So. 2d 244
La. Ct. App. 1st Cir. 1988
(1841), which in turn had relied on Pothier, the court stated that once a defendant is "judicially notified, so as to acquire a sufficient knowledge of the rights which are sought to be enforced against him by a suit, there results a legal interruption in favor of those to whom the rights may belong."
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Giroir v. SOUTH LA. MEDICAL CTR., ETC.
475 So. 2d 1040
La. 1985
Nini v. Sanford Brothers, Inc., (1841).
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Peters v. Sentry Insurance
375 So. 2d 184
La. Ct. App. 1st Cir. 1979
In that case the court cited the following language from Flower v. O’Connor, (1841): It is clear from this doctrine of Pothier, [8 Oeuvres de Pothier, Traite de la Prescription, Partie I, Chapitre II, No. 54 (1835)] that in order to determine the effect and extent of a legal interruption, we must enquire more particularly into the object and cause of the action, than into the right of the plai
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Baker v. Wheless Drilling Co.
347 So. 2d 51
La. Ct. App. 2d Cir. 1977
590 (1903); (1841); Myers v. Gulf Public Service Corp., 15 La.App.
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Nini v. Sanford Brothers, Inc.
276 So. 2d 262
La. 1973
847 , supra (suit by curator of succession whose appointment was null); Flower v. O'Connor, 1841, (suit by surviving partner of a firm who was non-suited because of lack of authority to represent the others); Becnel v. Waguespack, 1888, 40 La.Ann.
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Simms v. Braren
252 So. 2d 459
La. Ct. App. 1st Cir. 1971
Suits have been considered not nullities although initiated by only one surviving partner on a note due the partnership, Flower v. O’Connor, (1841); or by a curator improperly appointed, Blanc v. Dupre, 36 La.Ann.
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Davis v. Royal-Globe Insurance Companies
223 So. 2d 912
La. Ct. App. 4th Cir. 1969
847 , supra (suit by curator of succession whose appointment was null); Flower v. O'Connor, 1841, (suit by surviving partner of a firm who was non-suited because of lack of authority to represent the others); Becnel v. Waguespack, 1888, 40 La.Ann.
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National Surety Corp. v. Standard Accident Insurance Co.
168 So. 2d 858
La. Ct. App. 1st Cir. 1964
The opinion cited Flower, et al. v. O’Connor, , to the effect that where a defendant has been judicially notified of the claim which is the foundation of the demand for the whole of the debt, there is a legal interruption of prescription in favor of those possessing claims to a part.
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Nettles v. Great American Insurance Company
155 So. 2d 87
La. Ct. App. 1st Cir. 1963
847 , supra (suit by curator of succession whose appointment was null); Flower v. O'Connor, 1841, (suit by surviving partner of a firm who was non-suited because of lack of authority to represent the others); Becnel v. Waguespack, 1888, 40 La.Ann.
- Andrepont v. Ochsner 84 So. 2d 63 La. Ct. App. 1st Cir. 1955
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Blanchard v. Smith
45 So. 2d 527
La. Ct. App. 1st Cir. 1950
Flower v. O’Connor, ; Blanc v. Dupre, 36 La.Ann.
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Ray v. Liberty Industrial Life Ins. Co.
180 So. 855
La. Ct. App. 1st Cir. 1938
847 , supra (suit by curator of succession whose appointment was null) ; Flower v. O’Connor, 1841, (suit by surviving partner of a firm who was non-suited because of lack of authority to represent the others) ; Becnel v. Waguespack, 1888, 40 La.Ann.
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Reeves v. Globe Indemnity Co. of New York
168 So. 488
La. 1936
Flower v. O’Connor, ; see, alsoAnding v. Texas & P. Ry.
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McCoy v. Arkansas Natural Gas Co.
165 So. 632
La. 1936
Flower v. O’Connor, ; see, also, Anding v. Texas & P. R. Co. et al., 158 La.
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B. J. Wolf & Sons v. New Orleans Tailor-Made Pants Co.
34 So. 590
La. 1903
Appellants refer the court to Flower v. O’Connor, ; Blanc v. Dupré, 36 La.
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Schwartz v. Lake
34 So. 96
La. 1903
In Flower v. O’Connor, , the suit whereof the citation was relied on to interrupt prescription, had been brought on a partnership claim by one of the partners of a dissolved partnership.
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Becnel v. Waguespack
40 La. Ann. 109
La. 1888
Flower vs. O’Connor, ; Blanc vs. Dupre, 36 Ann. 847; Satterlee vs. Morgan, 33 Ann. 846.