Lyman County v. State
South Dakota Supreme Court
Original action by Lyman county against tbe state of South Dakota. On demurrer to complaint. The facts are stated in the opinion. A comity is a mere political subdivision of a state. It is a part of the state. It cannot sue itself; hence it cannot sue the body politic of which it is an essential part. 4 Am. & Eng.
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Original action by Lyman county against tbe state of South Dakota. On demurrer to complaint. The facts are stated in the opinion. A comity is a mere political subdivision of a state. It is a part of the state. It cannot sue itself; hence it cannot sue the body politic of which it is an essential part. 4 Am. & Eng. Encyc. of Law 359; Vigo Twp. v. Board, 12 N. E. 305. A state cannot be sued without its express consent, and the law allowing such suit must be strictly construed. 23 Am. & Eng. Encyc'. of Law 83; Beers v. Arkansas, 20 How. (U. S.) 527; DeSaussure v. Gaillard, 127 U. S. 216; Hasner…
1Opinion of the CourtHaney, J.
Defendant demurs to the complaint, on the grounds that plaintiff has not legal capacity to sue, and that the complaint does not state facts sufficient to constitute a cause of action. Such facts are substantially as follows. May 20, 1893, one Mot Matson was murdered in Lyman county, then unorganized, and attached to Brule for judicial purposes. Henry Schroeder and Frank B. Phelps were accused of the crime, arrested by officers of Brule county, and an inquest was held prior to May 27th, when plaintiff became one of the duly organized counties of this state. Thereupon the accused were…
2Cases cited4 opinions
- Cutting v. TaylorSouth Dakota Supreme Court · 1892
- State v. PhelpsSouth Dakota Supreme Court · 1894
- Short v. Civil Township of White LakeSouth Dakota Supreme Court · 1895
- State ex rel. Farrar v. HippleSouth Dakota Supreme Court · 1895
3Cited by8 opinions
- Livingood v. MeeceNorth Dakota Supreme Court · 1991
- State of Arizona v. MiserArizona Supreme Court · 1937
- Department of Highways v. Lykes Bros. S. S. Co.Supreme Court of Louisiana · 1945
- Wilder v. South Carolina State Highway DepartmentSupreme Court of South Carolina · 1955
- Goodhope v. StateSouth Dakota Supreme Court · 1926
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