Overholser v. National Home for Disabled Volunteer Soldiers
Ohio Supreme Court
Error to tlie Circuit Court of Montgomery County. This action was begun by a petition in the Court of Common Pleas of Montgomery County, of which the following is a copy: “The plaintiff, Neil Overholser, says that the defendant, The National Home for Disabled Volunteer Soldiers, is a corporation duly incorporated and organized under the laws of the United States under Section 4825 and the following sections of chapter 3. Title 59, of the Revised Statutes of the United…
Read the full summary
Error to tlie Circuit Court of Montgomery County. This action was begun by a petition in the Court of Common Pleas of Montgomery County, of which the following is a copy: “The plaintiff, Neil Overholser, says that the defendant, The National Home for Disabled Volunteer Soldiers, is a corporation duly incorporated and organized under the laws of the United States under Section 4825 and the following sections of chapter 3. Title 59, of the Revised Statutes of the United States. “Said corporation owns and controls, under said laws, a large body of land, located in Jefferson township, Montgomery…
1Opinion of the Court
The controlling question in this case is whether the defendant can be sued for a tort. It is a well-established principle in our jurisprudence that no suit can be maintained against the.United States, or against its property, in any court, without express authority of Congress. In some of the cases it has been held that for the purposes of jurisdiction there is no distinction between suits against the government directly and suits against its property (Stanley v. Schwalby, 147 U. S., 508; Stanley v. Schwalby, 162 U. S., 255, 269-270). The defendant is admitted to be a corporation.…
2Cases cited6 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Stanley v. SchwalbySupreme Court of the United States · 1896
- Stanley v. SchwalbySupreme Court of the United States · 1893
- Luxton v. North River Bridge Co.Supreme Court of the United States · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Riddoch v. StateWashington Supreme Court · 1912
- County of Bergen v. Port of New York AuthoritySupreme Court of New Jersey · 1960
- National Home for Disabled Volunteer Soldiers v. ParrishSupreme Court of the United States · 1913
- Suwannee County Hospital Corp. v. GoldenSupreme Court of Florida · 1952
- Turk v. County Board of EducationSupreme Court of Alabama · 1930
26 more not listed; retrieve them via the Exa API.