Colvin v. Johnston
Citations
- 104 La. 655
Syllabus
<p>Syllabus.</p> <p>1. In case of disagreement in a pending cause, so. that there cannot be a concurrenee of two judges of the Court of Appeal in the decision thereof, the court may appoint a district judge, or a lawyer, having the qualifications of a judge of the court, to sit in the case.</p> <p>2. The essentials to the validity of a dation en paiement by the husband to the wife, in satisfaction of her paraphernal rights, are the just and honest claim of the wife against the husband, the just proportion of the value of the thing given to the amount of the wife’s claim, and the delivery to the wife of that which is the subject of the dation.</p> <p>3. Property encumbered by mortgage in favor of others may be the subject of a dation to the wife by the husband in satisfaction of her paraphernal claims, provided she does not assume or make herself responsible for the mortgage debts.</p> <p>4. And in determining the value of the property so transferred, it is competent for the appraisers to take into consideration the existing encumbrances, and appraise the property, for the purpose of the dation, at whatever it may be worth over and above the amount of the mortgages.</p> <p>5. tinder such circumstances, where the mortgages equal or exceed the value of the' property, a nominal valuation, over and above the encumbrances, put upon the property could hardly be denounced as a “vile” price.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding the defendant “ha[d] not demonstrated” that the plaintiff’s TVPA claim based on an attempted extrajudicial killing should be dismissed
- rejecting argument that “the Supreme Court’s concerns about extraterritorial jurisdiction as expressed in Kiobel should apply equally to claims brought pursuant to the TVPA”
- finding gunshot wounds leading to “painful, permanent injuries” to be sufficient pain
- “Furthermore, Plaintiffs describe how Defendant and his associates threatened [them] with imminent death, first by pointing a handgun directly at [a plaintiff’s] ear, and then by shooting at [them].”
- “Taken together, the combination of severe beatings by multiple individuals at once, threats of imminent death, and gunshot wounds causing painful, permanent injuries [were] sufficient to allege torture under the TVPA.”
- collecting cases deferring decision on exhaustion to a later stage
Source: CourtListener parenthetical corpus (CC0).
Judges: Blanchard
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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