Klein v. New Orleans
Supreme Court of the United States
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.
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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…
1Opinion of the CourtChief Justice Waite
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…
2Cases cited1 opinion
- New Orleans & Carrollton Railroad v. Municipality Number OneSupreme Court of Louisiana · 1852
3Cited by26 opinions
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- Ex Parte State of New York, No. 2Supreme Court of the United States · 1921
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- Regents of the Univ. of Minn. v. Lsi CorporationCourt of Appeals for the Federal Circuit · 2019
- The FidelityU.S. Circuit Court for the District of Southern New York · 1879
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