Legal Opinion

Louisiana v. United States

United States Court of Claims

Decided January 24, 1887No. 15295Published

The Reporters’ statement of the case: The grounds of the motion are repeated in the opinion of the court: The Constitution provides, in section 2, among other things, as follows: “* * * Xn all cases affecting ambassadors, other public ministers ■ and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction.”

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The Reporters’ statement of the case: The grounds of the motion are repeated in the opinion of the court: The Constitution provides, in section 2, among other things, as follows: “* * * Xn all cases affecting ambassadors, other public ministers ■ and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction.” Congress almost immediately passed tho-Judiciary Act of 1789 (1 Stat. L., 73), the thirteenth section of which is now section 687, Eevised Statutes. It is provided therein that — ■ “ The Supreme Court shall have exclusive jurisdiction of all…

1Opinion of the Court

Eichardson, Ch. J.,

delivered the opinion of the court:

The claimant, by petition filed September 20,1886, presents claims founded upon two acts of Congress.

The defendants move to dismiss, “ because,” as alleged, “this court has neither original nor concurrent jurisdiction under the Constitution and laws of the United States to hear and determine a cause in which a State is a party in a suit against the United States.”

Article 2, section 3, of the Constitution provides that, “ in all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the…

2Cases cited11 opinions

  1. Ames and Others v. State of Kansas Ex Rel. Johnston. Kansas Pac. Ry Co. v. SameSupreme Court of the United States · 1884
  2. United States v. State BankSupreme Court of the United States · 1878
  3. Henderson's Distilled SpiritsSupreme Court of the United States · 1872
  4. Ex Parte RussellSupreme Court of the United States · 1872
  5. United States v. Insurance CompaniesSupreme Court of the United States · 1875

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