Louisiana v. Garfield
Supreme Court of the United States
ORIGINAL IN EQUITY.’ The facts are stated in the opinion of the court. The United States is the real party in interest as defendant, and as it has not consented to be sued, and cannot be sued without its consent, the bill must be dismissed..
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ORIGINAL IN EQUITY.’ The facts are stated in the opinion of the court. The United States is the real party in interest as defendant, and as it has not consented to be sued, and cannot be sued without its consent, the bill must be dismissed.. Minnesota v. Hitchcock, 185 U. S. 373; Oregon v. Hitchcock, 202 U. S. 60; Naganáb v. Hitchcock, 202 U. S. 473; Kansas v. United States, 204 U. S. 331. The point determined by the Secretary of the Interior in 1895 was not a matter of fact and merely quasi-jurisdictional as in Noble v. Union River Logging Co., 147 U. S. 164, 173, but was a question of law…
1Opinion of the CourtJustice Holmes
This is a bill brought in this court to establish the title of the State of Louisiana to certain swamp lands which it claims under the statutes of the United States, and to enjoin the defendants against carrying out an order making a different disposition of the lands. The defendants demur on the grounds that this really is a suit against the United States, which has not consented to be sued, that the title never has passed from the United States, and that the remedy, if any, would be at law.
The act of March 2, 1849; c. 87, 9 Stat. 352, purported to grant to the State of‘Louisiana the whole…
2Cases cited3 opinions
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
- United States v. Chandler-Dunbar Water Power Co.Supreme Court of the United States · 1908
- Scott v. CarewSupreme Court of the United States · 1905
3Cited by72 opinions
- Land v. DollarSupreme Court of the United States · 1947
- Malone v. BowdoinSupreme Court of the United States · 1962
- United States v. MinnesotaSupreme Court of the United States · 1926
- Leo Sheep Co. v. United StatesSupreme Court of the United States · 1979
- Mine Safety Appliances Co. v. ForrestalSupreme Court of the United States · 1946
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