Legal Opinion

Grayson v. Virginia

Supreme Court of the United States

Decided August 12, 1796PublishedCited by 17 opinions

BILL in Equity. 'The fervice of .the fubpasna in this caía being proved, Leivis moved, at the laft Termj that a Dif-tritigas might be awarded, in order to compel the State to enter an appearance ; arguing, from the analogy between a State and other bodies corporate, that this was the .proper mode of proceeding.

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BILL in Equity. 'The fervice of .the fubpasna in this caía being proved, Leivis moved, at the laft Termj that a Dif-tritigas might be awarded, in order to compel the State to enter an appearance ; arguing, from the analogy between a State and other bodies corporate, that this was the .proper mode of proceeding. TheCourt,however, poftponeda decifion on the motion,' in confequence of a doubt,—whether the remedy to compel the appearance of a State, íliould be furniihed by the Court itfelf, or by the Legiflature ? And, in the prefent Term, Levjis argued, that the Court was competent to furniih…

1Opinion of the Court

By the Court:—After a particular examination of the powers veiled in this Court, in caufes of Equity, as well as in caufcs of Admiralty and Maritime jurifdidlion, w>e colled! a general rule for .the .government of- out proceedings; with a diferetionary, authority, however, to deviate from that rule, where its application wou’dbe injurious or iinpradücabio. The general rule preferibes to us an adoption of that practice,.whiqb is founded on the cufíoro and ufage ofCourls of Admiralty arid ■ Equity, conilituted on fimilar principles; but ftill, It is thought, that we are alfa autbórifcd to, make…

2Cited by17 opinions

  1. Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
  2. Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
  3. State of New York v. State of Connecticut Et Al.Supreme Court of the United States · 1799
  4. State Ex Rel. Haskell v. HustonSupreme Court of Oklahoma · 1908
  5. Hogston v. BellIndiana Supreme Court · 1916

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