Sanders v. Saxton
New York Supreme Court
Shit to remove a cloud on the plaintiff’s title to real estate, against Charles T. -'Saxton, Lieutenant Governor, Hamilton Fish, Speaker of the Assembly, John Palmer, Secretary of State, James A. Boberts, Comptroller, Addison B. Colvin, Treasurer, Theodore E. Hancock, Attorney General and Campbell W. Adams, State Engineer and Surveyor, as Commissioners of the Land Office; and James A Boberts as Comptroller of the state of Hew York.
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Shit to remove a cloud on the plaintiff’s title to real estate, against Charles T. -'Saxton, Lieutenant Governor, Hamilton Fish, Speaker of the Assembly, John Palmer, Secretary of State, James A. Boberts, Comptroller, Addison B. Colvin, Treasurer, Theodore E. Hancock, Attorney General and Campbell W. Adams, State Engineer and Surveyor, as Commissioners of the Land Office; and James A Boberts as Comptroller of the state of Hew York. The real estate is situated in Kings co-'-'ty, in what was the town of Hew Htrecht. The complaint alleges that the plaintiff is in possession of it, and that…
1Opinion of the Court
Gaynor, J.:
All 'of the defendants are sued “ as Oommissioners of the Land Office”, and the defendant Boherts is also sued as Comptroller. As the defendants demur jointly the demurrer must be overruled if the complaint be good either against the defendants as such Commissioners or only against the one of them who is also sued as Comptroller.
1. The objection that the court has no jurisdiction of the defendants or of the subject of the action is put upon the proposition (in brief) that the suit is in effect one against the state, and that sovereignty cannot be sued in its own courts without its…
2Cases cited9 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- United States v. LeeSupreme Court of the United States · 1882
- People v. . TurnerNew York Court of Appeals · 1889
- People v. . TurnerNew York Court of Appeals · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Roddy v. StateIdaho Supreme Court · 1943
- Sanders v. SaxtonNew York Supreme Court · 1901