Legal Opinion
The Fidelity
U.S. Circuit Court for the District of Southern New York
Decided August 5, 1879No. Case No. 4,758PublishedCited by 22 opinions
1Opinion of the Court
WAITE, Circuit Justice.
It is well settled, that public property, devoted to public uses, and necessary for carrying on the operations of the government, is not subject to seizure and sale on execution. The supreme court of the United States had occasion to consider that question at its last term, in Klein v. New Orleans, 99 U. S. 149. It was there said, that “municipal corporations are the local agents of the government enacting them, and their powers are such as belong to sovereignty. Property and revenue necessary for the exercise of these powers, become a part of the machinery of…
2Cases cited4 opinions
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
- Leonard v. . City of BrooklynNew York Court of Appeals · 1877
- Klein v. New OrleansSupreme Court of the United States · 1879
- Brinckerhoff v. Board of EducationNew York Court of Common Pleas · 1868
3Cited by22 opinions
- The Western MaidSupreme Court of the United States · 1922
- Ex parte United StatesSupreme Court of the United States · 1922
- Ex Parte State of New York, No. 2Supreme Court of the United States · 1921
- The Monte A.District Court, S.D. New York · 1882
- The PesaroDistrict Court, S.D. New York · 1921
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