New Orleans v. Louisiana Construction Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA. . The city of New Orleans, against which the Louisiana Construction Company, a corporation of Pennsylvania, had recovered a judgment for $50,000, filed a petition of intervention and of third opposition, according to the Louisiana practice, to have the seizure and sale, upon an execution issued on that judgment, of the interest of the city in four spaces of ground, part of the public quay…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA. . The city of New Orleans, against which the Louisiana Construction Company, a corporation of Pennsylvania, had recovered a judgment for $50,000, filed a petition of intervention and of third opposition, according to the Louisiana practice, to have the seizure and sale, upon an execution issued on that judgment, of the interest of the city in four spaces of ground, part of the public quay or levee, and in certain sugar sheds thereon, prohibited and set aside, because the ground was <£ locus publicus, and…
1Opinion of the CourtJustice Gray
Upon the admitted facts of this case, it is undisputed, and indisputable, that the spaces of land in question were originally part of tlie public quay or levee in New Orleans, dedicated to public use, and, in the phrase of the law of Louisiana, locus public us, and that they never ceased to be such, so as to become private property subject to be taken on execution for debt, unless by force of the ordinance and lease of the city. Civil Code, arts. 454 (445), 458 (449); Mayor v. Magnon, 4 Martin, 2; Mayor v. Hopkins, 13 Louisiana, 326; New Orleans & Carrollton Railroad v. First Municipality, 7…
2Cases cited5 opinions
- Parish v. Municipality No. 2Supreme Court of Louisiana · 1853
- Delabigarre v. Second Municipality of New OrleansSupreme Court of Louisiana · 1848
- Board of Liquidation of the City Debt v. Louisville & Nashville RailroadSupreme Court of the United States · 1883
- New Orleans & Carrollton Railroad v. Municipality Number OneSupreme Court of Louisiana · 1852
- New Orleans v. MorrisU.S. Circuit Court for the District of Louisiana · 1877
3Cited by11 opinions
- State ex rel. Illinois Cent. R. v. Board of Levee Com'rsSupreme Court of Louisiana · 1902
- Bryant v. LoganWest Virginia Supreme Court · 1904
- County of Los Angeles v. DodgeCalifornia Court of Appeal · 1921
- Kerr v. City of New OrleansCourt of Appeals for the Fifth Circuit · 1903
- Inland Waterways Co. v. City of LouisvilleCourt of Appeals of Kentucky (pre-1976) · 1929
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