Stanley v. Schwalby
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF TEXAS. This was an action of trespass to try title, brought Eebruary.28, 1889, in the District Court of Bexar County, Texas, against David S. Stanley and three other defendants, by Mary U. Schwalby, whose husband, J. A. Schwalby, was afterwards made a party plaintiff, to recover a certain parcel or lot of ■ land in;the city of San Antonio.
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ERROR TO THE SUPREME COURT OF THE STATE OF TEXAS. This was an action of trespass to try title, brought Eebruary.28, 1889, in the District Court of Bexar County, Texas, against David S. Stanley and three other defendants, by Mary U. Schwalby, whose husband, J. A. Schwalby, was afterwards made a party plaintiff, to recover a certain parcel or lot of ■ land in;the city of San Antonio. Mrs. Schwalby claimed title to one-third of the lot, as one of the three heirs of her father, Duncan B. McMillan, deceased; and subsequently one Joseph Spence, Jr., intervened and asserted title to one-third of the…
1Opinion of the CourtChief Justice Fuller
*512In The Siren, 7 Wall. 152, 154, Mr. Justice Field, who spoke for the court,' in adverting to the familiar rule, of the common law that the sovereign cannot be sued in his own courts without his consent, and the ground upon which the rule rested, said: “ This doctrine of the common law is equally applicable to the supreme authority of the nation, the United ■States. They cannot be subjected to legal proceedings at law or in equity without their consent; and whoever institutes such proceedings must bring his case within the authority of some act of Congress. Such is the language of this court…
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