Legal Opinion

Kansas v. United States

Supreme Court of the United States

Decided February 25, 1907No. 11, OriginalPublishedCited by 77 opinions

The facts are stated in the opinion. Jurisdictional qualities must exist as to all parties in order to confer jurisdiction. Great Southern Hotel Company. v. Jones, 177 U..S,. 449. The United States, the real party in interest, as defendant, has not consented to be sued, and cannot be sued without its consent, even by a State.

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The facts are stated in the opinion. Jurisdictional qualities must exist as to all parties in order to confer jurisdiction. Great Southern Hotel Company. v. Jones, 177 U..S,. 449. The United States, the real party in interest, as defendant, has not consented to be sued, and cannot be sued without its consent, even by a State. The contention that; sincé' a -State without its consent may be sued by the United States, United States v. Texas,-143 U. S. 621, it follows that the United States without its consent may be sued by a State, is obviously unsound'. The • question has been squarely…

1Opinion of the CourtChief Justice Fuller

On April 30, 1906, the State of Kansas applied for' leave to file a bill of complaint against the United States and others, to which the United States objected on the ground of want of jurisdiction. May 21 leave was granted, without prejudice, and the bill was accordingly filed. As such an application by a State is usually granted as of course, we thought' it wiser to allow the bill to be filed, but reserving to. the United States-the right to object to the jurisdiction thereafter, and hence the words, “without prejudice,” were inserted in the order. October'9 leave was granted to the United…

2Cases cited5 opinions

  1. United States v. LeeSupreme Court of the United States · 1882
  2. Minnesota v. HitchcockSupreme Court of the United States · 1902
  3. United States v. TexasSupreme Court of the United States · 1892
  4. Oregon v. HitchcockSupreme Court of the United States · 1906
  5. Sioux City & St. Paul Railroad v. United StatesSupreme Court of the United States · 1895

3Cited by77 opinions

  1. United States v. SherwoodSupreme Court of the United States · 1941
  2. Block v. North Dakota Ex Rel. Board of University & School LandsSupreme Court of the United States · 1983
  3. Pennsylvania v. West VirginiaSupreme Court of the United States · 1923
  4. Blatchford v. Native Village of NoatakSupreme Court of the United States · 1991
  5. Minnesota v. United StatesSupreme Court of the United States · 1939

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