Bean v. Stoddard

(sitting during absence from district of Judge Cooper). Tbis is a motion on bebalf of defendant, appearing specially, to dismiss tbe bill of complaint and set aside tbe service of tbe subpoena herein. The defendant, as superintendent of insurance of tbe state of New York, has filed suggestions embodying tbe principal grounds questioning tbe jurisdiction of tbis court; their basis being that tbe suit in equity is against tbe sovereign state of New York, and, since neither tbe state nor tbe defendant, who is a constitutional officer of tbe state, has consented to be sued, tbe latter is entitled…