The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1881-03-12
Supreme Court Decision.

The Judgment of our District Court in the
Kline Garnishee Suit Re, er .ed-Ren ntal
of Property Dedicated to Public Use Can
not be Seized by Creditors of Il Town or
Parish.
To our energetic New Orleans corre-
sponlent, Epsilon Mu, we are again in
tlebted for a copy Of q decision of the
Supreme Court IN case appealed from
Ascension, which possesses considerable
interest both to the tax payers and cred-
itors of the parish. The decreee requires
no further explanation than is furnished
by its own words:
No. 7778.--Christian Kline, Appellee, vs.
The Parish Of Ascension, appellant; j.
&. Boulanger ct ais, garnishees. Ap-
peal from the Fourth Judicial District
Court, parish of Ascension.
Associate Justice VIM. NJ. Levy deliv-
cred the opinion and decree of the court
in the following words:
The plaintiff having obtained jndg-
ment against the defendant for the sum
of $1625 33a, issued thereon writ Of
feri facias and had process of garnish-
ment served on Boulanger ct ais, who he
alleged were indebted to the defendant,
said parish. The garnishees in their an
swers acknowledged themselves to be
indebted to the parish in certain sums
for-the rent Of certain, lands situated in
the town Of Donaldsonyille. The Police
Jury of Ascension parish filed petition
(Which is styled in the agreement
statement Of facts, in the transcript one
of Intervention and injunction, and
which was ordered BY the court to stand
as an answer OF opposition Of defendant
to the garnishment proccedings) wherein
they alleged that the purpose Of the gar
nishment process was to cause to be
seized and applied to the payment Of
said Judgment the revenues or rental
arising from the lease to the garnishees
Of portions of lands which do not belong
to the parish of Ascension, bnt are the
common property Of all the inhabitants
of said parish and which were donated
to the inhabitants for the purpose of
erecting thereon Courthouse, jail and
public schools, and were dedicated for
common use as public property, and are
hors de commerce; that. the revenues de-
rived therefrom by lease or in any other
manner can not legally be applied to the
that the Police Jury Of the parish has
administered said property and It's rev.
enues solely as trustees Of all the inllabi-
tants of the parish and that tue revenues
therefrom, as well as the lands them
selves, are hors de commerce aud not liza
bic to seizure. They also prayed for a
writ Of injunction restraining plaintiff
from proceeding farther in the enforce
ment of said garllishment process so far
as said revenues are concerned, and en-
joining the garrishees from paying to
plaintiff any sums due as rental for said
lands. The record does not disclose any
action of the court OH the prayer for the
injunction. There was Judgment Of the
court q qua in favor Of the plaintiff, de-
creeing that the rentals due and to be-
come due should bespaid by the garn-
shees to the plaintiff, to tho extent Of
said Judgment. The defendants have
appealed.
The court qua ruled properly that
the petition Of intervention should stand
as all answer.
The Judge q qua in his reasons for
Judgment held that he "did not consider
the rents seized in this case were essen
tial to the existence of the corporation
of the parish of Ascension, nor to tie
useful and proper exercise OF its func-
tions. The parish might be deprived of
them without i'll any degree impairing
the proper exercise of their functions by
the Police Jury thereof, and we think
they can be properly held to form part
of that class Of rights which creditor
can seize under article 637 C.. p"
awe think, therefore. that the sums due
to the paris! for rents of lots belonging
to it are liable to seizure"
The only question for our considera-
tion and decision is that presented to the
lower court, viz: Are the rentals Of the
parochial lots liable to seizure? The
authorities cited by the plaintiff seem to
be inapplicable to this case. In the cases
quoted by him, the seizure Of taxes or of
pecuniary Indebtedness to the parishes or
municipalities growing out Of lands
given to these public corporations or
fines due them were involved in this,
the right to seize and render liable for
their indebtedness the revenues deriya-
bic from property donated to parish
for specified public purposes OF dedicated
to the public use.
The property from which accrue the
rentals sought to be subjected to plain-
tiff s Judgment, was donated to the par
ish of Ascension, or dedicated to it, for
pnblic uses. If the parochial authorities,
who we think are the trustees for the
benefit Of the parish, fail to administer
the property for the purposes intended
by the donors, this fact can not vitiate
or annul the donation or dedication At
best, such acts and conduct can ouly he
regarded rs unfaithfnl administration.