Legal Opinion

United States v. Stelter

Texas Supreme Court

Decided June 21, 1978No. B-6997PublishedCited by 21 opinions

1Opinion of the Court

GREENHILL, Chief Justice.

The United States, as a sovereign, cannot be sued without its consent. Unless it so consents, it is immune from suit.

The problem in this case is whether the United States has given its consent to be sued in the garnishment proceeding before us. We hold that it has not. While the result here is regrettable, it is our duty to hold that the plea of sovereign immunity made by the U. S. attorney must be sustained. Accordingly we must reverse the judgment of the court of civil appeals. 553 S.W.2d 227.

The background of the case is this: Dorothy and Robert W. Stelter, who had…

2Cases cited5 opinions

  1. Busby v. BusbyTexas Supreme Court · 1970
  2. Cearley v. CearleyTexas Supreme Court · 1976
  3. Francis v. FrancisTexas Supreme Court · 1967
  4. McKnight v. McKnightTexas Supreme Court · 1976
  5. United States v. StelterCourt of Appeals of Texas · 1977

3Cited by21 opinions

  1. Hisquierdo v. HisquierdoSupreme Court of the United States · 1979
  2. Eichelberger v. EichelbergerTexas Supreme Court · 1979
  3. Bankr. L. Rep. P 68,050 Mary Frances Erspan, Cross-Appellant v. Lloyd J. Badgett, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1981
  4. Ex Parte BursonTexas Supreme Court · 1981
  5. Denbow v. CommissionerUnited States Tax Court · 1989

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