The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-11-27
THE BAZAAR MARKET CASE.

This morning we publish the decision Of
Judge Billings sustaining the seizure OF the
Bazaar Market in satisfaction OF the judgment
obtained against the city by John A. Morris,
on the warrants Issued under the author
lily Of acts 1903 and 100 of 1854 to the jackson
and Great Northern, and Opelousas and Great
Western railroads.
The city, 1t will be remembered, made an
application for an Injunction against the
seizure and sale of this market under an exc
cution issued to satisfy the Morris Judgment,
on the following grounds viz:
l. That the property is source Of revenue
to municipal corporation and therefore Is
not liable to seizure under a f.. ia.
O. That the obligation on the part of the
city upon which the Judgment was obtained
pledged In perpetuity to the obligee certa In
property and created no other obligation,
and that therefore the judgment creditor,
Morris, cannot resort to other property Of
the defendant beyond that to which he was
restricted In the obligation.
In very long and elaborate opinion, Judge
Billings decides that the first point is not
well taken, because the Bazaar Market Is not
used for purposes which constitute such a
dedication to public use as would exempt It
from seizure and sale to satisfy q Judgment.
It is very clear that such dedication would
constitute an exemption, but in this case the
conditions necessary to such dedication
under our jurisprudence are wanting. This
exemption has not been extended beyond two
classes Of cases--the one where the property
seized, as in the case Of taxes, court-houses,
jails and markets, was of such nature
as to be necessary to the continued
exercise of the functions of the cor
poration, indeed, to its very existence;
the other, where the property has been des-
tined and set apart by an act Of the Legisla-
ture as a permanent revenue Of the city, or a
source Of permanent revenue. This bazaar
market is not market In legal contempla-
ton, and therefore has no such destination as
would exempt it. The establishment and
regulation Of markets is but the exercise of
the police power for the preservation of pub
lie health, applies solely to comestibles, and
with reference to such commodities as are
here sold has no application or necessity.
Upon the other point, that the obligation
on the part of the city upon which the Morris
Judgment was obtained pledged in perpetuity
certain property to which the judgment cred
itor was restricted, the court held that this
plea came too late. 1t would have been a
good defense in the case at law in which Nor
ris obtain his judgment, but not having
been made in that case, suit in equity will
not lie to restrain seizure issued on judg-
ment at law, upon grounds which might
have been urged as defense in the action at
law, but which were not urged. This plea
would have defeated the original debt, but
that debt being now merged in a Judgment,
it is of no avail.
To summarize, the court holds:
l. The Bazaar Market is not market in con-
temptation of the law and, therefore, has not
that destination as public revenue or a source
of public revenue which is necessary to ex-
empt it from seizure and sale to satisfy
judgment.
Q. The plea that execution could be issued
only against the stock held by the city and
the revenues derived therefrom, In the rail