Kerr v. City of New Orleans

Citations

• 126 F. 920
• 61 C.C.A. 450
• 1903 U.S. App. LEXIS 4371

Syllabus

<p>1. Execution — Property of Municipal Corporation</p> <p>Though property owned by a municipal corporation used for public purposes or charged with a public use cannot be sold on execution against the corporation, the private property of the corporation, owned by it for profit, commerce, or investment, may be so sold.</p> <p>2. Same — Preliminary Injunction — Review</p> <p>Under Act Cong. March 3, 1891, c. 517, § 7, 26 Stat. 826 [U. S. Comp. St. 1901, p. 547], authorizing an appeal from a decree granting an injunction pendente lite, an order granting such injunction will not be disturbed on appeal unless there has been an abuse of the trial court’s discretion in granting the same.</p> <p>S, Sam:e — Determination of Merits.</p> <p>Where an injunction pendente lite was granted before issue joined, and it appeared that the case was one involving controverted questions of fact, the appellate court, on appeal from the order granting such injunction, would not examine the merits of the case to determine whether the injunction was improvidently granted.</p> <p>1. See Execution, vol. 21, Cent. Dig. § 133.</p> <p>4. Same.</p> <p>Where a sworn bill to restrain the levy of an execution against a municipality on certain property alleged that the property had been dedicated to public use, and that its public character had never been changed, and the return to a rule to show cause why the injunction should not issue before answer merely alleged that the property was held under a lease from which the city derived revenue, and that on two occasions it had advertised the property for sale, but other affidavits on behalf of the city averred that such advertisements were merely for the purpose of fixing the value of the property, and that the city had rejected all bids for the sale of the property, the granting of a preliminary injunction was not improvident.</p>