Kerr v. City of New Orleans
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Louisiana. George P. Kerr recovered a judgment against the city of New Orleans in the Circuit Court for $2,503. An execution issued thereon by authority of which the marshal seized a certain square of ground situated in the city of New Orleans, with all the buildings and improvements thereon, and all rights, ways, privileges, and servitudes thereunto belonging.
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Appeal from the Circuit Court of the United States for the Eastern District of Louisiana. George P. Kerr recovered a judgment against the city of New Orleans in the Circuit Court for $2,503. An execution issued thereon by authority of which the marshal seized a certain square of ground situated in the city of New Orleans, with all the buildings and improvements thereon, and all rights, ways, privileges, and servitudes thereunto belonging. The city by supplemental bill applied for a restraining order and injunction against the seizure and sale of the property. The fourth paragraph of the bill…
1Opinion of the CourtShelby, Circuit Judge
*924It is well settled that property owned by a municipal corporation, and used for public purposes, or charged with public trusts or uses, cannot be sold under execution issued on a judgment rendered against the corporation. 2 Dillon, Mun. Corp. (4th Ed.) 576, 577; Meriwether v. Garrett, 102 U. S. 472, 26 L. Ed. 197; Mayor v. Hopkins, 13 La. 326. But the private property of the corporation — that is, such as it owns for profit, commerce, or investment, and that is not charged with public trusts or used for public purposes — may be sold on execution against the corporation. Dillon, Mun. Corp.…
2Cases cited16 opinions
- Meriwether v. GarrettSupreme Court of the United States · 1880
- Smith v. Vulcan Iron WorksSupreme Court of the United States · 1897
- Teller v. United StatesCourt of Appeals for the Eighth Circuit · 1901
- Proctor & Gamble Co. v. Globe Refining Co.Court of Appeals for the Sixth Circuit · 1899
- New Albany Waterworks v. Louisville Banking Co.Court of Appeals for the Seventh Circuit · 1903
11 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Love v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1911
- American Grain Separator Co. v. Twin City Separator Co.Court of Appeals for the Eighth Circuit · 1912
- American Seating Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1969
- Massie v. BuckCourt of Appeals for the Fifth Circuit · 1904
- Goldwyn Pictures Corp. v. GoldwynCourt of Appeals for the Second Circuit · 1924
16 more not listed; retrieve them via the Exa API.