Droz v. Parish of East Baton Rouge

Supreme Court of Louisiana

Droz v. Parish of East Baton Rouge

36 La. Ann. 340

CourtSupreme Court of Louisiana

DecidedMarch 15, 1884

DocketNo. 9099

StatusPublished

This text of 36 La. Ann. 340 (Droz v. Parish of East Baton Rouge) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Droz v. Parish of East Baton Rouge, 36 La. Ann. 340 (La. 1884).

Pincite

Opinion

The opinion of the Court was delivered by

Fenner, J.

Plaintiff, a judgment creditor of the parish of East Baton Rouge, issued a writ of fi. fa. and by process of garnishment and interrogatories to the treasurer of the parish, sought to seize, in his hands, the funds of the parish derived from the collection of its taxes and other public revenues.

The xiroceeding is entirely untenable. It is equivalent to a garnishment of the debtor himself. Nothing is better settled than that the taxes and revenues of a municipal eor]ioration cannot be seized, either in the treasury or when in transit to it, or even in the hands of the original debtors thereof, by garnishment or otherwise. Dillon on Municipal Corp. secs. 64, 65; Edgerton vs. Municipality, 1 A. 435; Municipality vs. Hart, 6 A. 570; Railroad Company vs. Municipality, 7 A. 148.

Judgment affirmed, at axqiellant’s cost.

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