Legal Opinion
Florida State Hospital for the Insane v. Durham Iron Co.
Court of Appeals of Georgia
Decided October 25, 1941No. 29200PublishedCited by 2 opinions
1Opinion of the CourtGardner, J.
1. The eleventh amendment to the United States constitution (Code, § 1-811), with reference to State immunity from suit, is immunity from suit in the Federal courts, not the State courts. Florida State Hospital for the Insane v. Durham Iron Co., 192 Ga. 459 (15 S. E. 2d, 509), and cit.
2. Much is said and many authorities are cited in the arguments for both sides to the effect that a citizen may not maintain a suit against his sovereign State without permission from the sovereignty so to do. This is the general rule and is well settled. As to the case before us, it would be of little…
2Cases cited13 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- United States v. LeeSupreme Court of the United States · 1882
- Keifer & Keifer v. Reconstruction Finance Corp.Supreme Court of the United States · 1939
- Poindexter v. GreenhowSupreme Court of the United States · 1885
- Georgia v. City of ChattanoogaSupreme Court of the United States · 1924
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3Cited by2 opinions
- Eugene Sikora v. State of Iowa and Dr. Beth Skinner, in her official capacity as Director of the Iowa Department of CorrectionsSupreme Court of Iowa · 2025
- Florida State Hospital for the Insane v. Durham IronCourt of Appeals of Georgia · 1942