Lyons v. Andry
Citations
- 106 La. 356
Syllabus
<p>Syllabus.</p> <p>1. A right of “homestead” once existing, is not conditioned upon continued and continuous “residence” upon the homestead property, though non-residence does not carry with it per se a “forfeiture” of the right, that fact may he “evidence” of an intention to “abandon” which, when coupled with others, may establish it. Bach case on this subject must be determined by its own special facts and circumstances.</p> <p>2. A daughter eighteen years old, who is living with her father, giving to him her services; is, in legal contemplation, a person dependent upon the father for support, though she may be physically able to earn her own living. The right of the father to claim the services of the minor, and the right of the daughter to support are reciprocal rights and obligations.</p> <p>3. Decision in Maxwell vs. Roach, 106 La., to the effect that a homestead right is not necessarily terminated by the dissolution of the community by the death of one of the spouses is affirmed.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the “plaintiff’s gross negligence claim also fails to state a cause of action since negligent use of excessive force does not exist under Florida law”
- stating that a complaint must include “specific facts of numerous incidents demonstrating a widespread practice”
- dismissing the case without prejudice because plaintiff failed to allege facts to support a claim under Monell
- rejecting IIED claim where the officers’ conduct included repeatedly punching arrestee in the face, slamming him into the hood of a car, and arresting him without probable cause
- dismissing a Monell claim where the complaint was “devoid of any factual allegations of any prior incidents or the County’s alleged knowledge and alleged failure to deter the conduct at issue”
- dismissing on sovereign immunity grounds complaint that alleged an officer “repeatedly punch[ed] the plaintiff in the face, slamm[ed] him on the hood of his car, arrest[ed] him without probable cause, and fabricat[ed] evidence” (alterations added)
Source: CourtListener parenthetical corpus (CC0).
Judges: Nicholls
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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