Klein v. New Orleans
| Decision Date | 01 October 1878 |
| Citation | 99 U.S. 149,25 L.Ed. 430 |
| Parties | KLEIN v. NEW ORLEANS |
| Court | U.S. Supreme Court |
ERROR to the Circuit Court of the United States for the District of Louisiana.
John Klein, having recovered a judgment for $89,000 against the city of New Orleans in the Circuit Court of the United States for the District of Louisiana, caused an execution to issue thereon. The marshal thereupon seized certain real estate belonging to the city, consisting of 'two squares of ground which had formerly constituted the easterly bank of the Mississippi River, but which, by the gradual accretion of said easterly bank, had ceased to constitute the bank of the river, but which were now used by the public for wharf and levee purposes, said squares forming a portion of the land known as the 'Batture property," together with certain annual ground rents therefrom arising and belonging to the city.
On motion of the city, a rule on the plaintiff to show cause why the seizure should not be dissolved and set aside was issued.
At the hearing, the court being of 'opinion the said squares were public property which the city could not alienate without the permission of the General Assembly of the State of Louisiana, and that the said ground rents formed a portion of the public revenues of the said city,' and were, therefore, not subject to Klein's execution, made the rule to dissolve the seizure absolute, and ordered the marshal to release the property.
Klein thereupon brought the case here
Mr. J. Q. A. Fellows for the plaintiff in error.
Mr. B. F. Jonas, contra.
We must take the facts of this case as they are stated in the bill of exceptions, and cannot look into the evidence. The questions to be settled are: 1. Whether the lands levied on are subject to seizure and sale under execution against the city; and, 2. Whether the ground rents are liable in the same way.
This depends on the facts. If the lands are held by the corporation for public purposes, and the ground rents are part of the public revenues, it is well settled that they cannot be levied on or sold. Dillon, Mun. Corp., sects. 64, 446. Municipal corporations are the local agencies of the government creating them, and their powers are such as belong to sovereignty. Property and revenue necessary for the exercise of these powers become part of the machinery of government, and to permit a creditor to seize and sell them to collect his debt would be to permit him in some degree...
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