Chadwick v. Kelly

In April, 1897, John M. Kelly filed his petition in the the civil district court for the parish of Orleans against Edmund H. Chadwick, to enforce payment of a lien on a certain square of ground in the city of New Orleans, created and arising out of a contract between one A. J. Christopher and said city for paving Hagan avenue. The petition alleged due completion of the work, an assignment or transfer by Christopher, of all his rights and claims under the contract, to the petitioner, and a liability of Chadwick for the amount of $638.80, with interest thereon from September 24, 1896; and also alleged that for the payment of said sum he had by law a lien and pledge upon said property.

Chadwick answered this petition, wherein he pleaded the general issue and certain special pleas, in one of which he denied that his property was benefited by the paving, and alleged that, if it was so benefited, he could only be made to pay the amount of benefit to an increased value of property, and that no personal judgment should be rendered against him. He also filed, in September, 1899, a supplemental answer in which, among other things, he alleged that the ordinance under which the work was done required the contractor to employ only bona fide resident citizens of the city of New Orleans as laborers on the work, thus depriving the citizens of the state and of each and every state of the privileges and immunities of citizens in the several states, secured to them by the Constitution of the United States, which, by the 2d section of its 4th article, provides that the citizens of each state shall be entitled to all privileges and immunities of the citizens of the several states; and he also alleged that the ordinance was likewise illegal and unconstitutional because it imposed a liability on the property owner, irrespective of the question whether or not his was benefited or damaged by the pavement; and he alleges that the paving of the street in front of his property had been of no benefit to it, and that the rendition of any judgment against him would be taking his private property for public purposes, contrary to the Constitution of the state of Louisiana and to that of the United States.

Evidence was taken, and the cause was so proceeded in that on March 5, 1900, judgment was rendered against the defendant, Chadwick, in the sum of $638.80, with interest from September 24, 1896, with costs of suit, with recognition of plaintiff's lien and privilege for the payment thereof on the said property, the same to be sold and the proceeds to be applied to the payment of plaintiff's claim.

A suspensive appeal was thereupon allowed to the supreme court of Louisiana, and that court, on February 4, 1901, affirmed the judgment of the trial court, and subsequently allowed a writ of error to bring the cause to this court.

Mr. George L. Bright for plaintiff in error.

No brief was filed for defendant in error.

Mr. Justice Shiras delivered the opinion of the court: