Ex Parte Nebraska

Citations

• 209 U.S. 436
• 28 S. Ct. 581
• 52 L. Ed. 876
• 1908 U.S. LEXIS 1684

Syllabus

<p>Mandamus will not lie to correct the decision of the Circuit Court that a party to the record — in this case a State — -is not an indispensable party to the suit, and that a separable and removable controversy exists. Such a decision is within the jurisdiction and judicial discretion of the court and can be reviewed by appeal after final judgment in the case.</p> <p>The mere presence on the record of a State as a party plaintiff will not defeat the jurisdiction of the Federal' court when it appears that the State has no real interest in the controversy; and it is the duty of the Circuit Court to ascertain whether the State is an actual party by consideration of the nature of the suit and not by reference to the nominal parties.</p> <p>The Circuit Court having held that the State of Nebraska was not an actual and necessary party plaintiff to a suit, brought in its name by the Attorney General against a non-resident railroad company to enjoin it from charging more than the rates fixed in a statute of the State and from disobeying orders of the State Railway Commission, refused to remand the case; as -such decision may clearly have been correct, was within the jurisdiction of the Circuit Court, and involved no abuse of judicial discretion, this court will not review the decision on petition for mandamus.</p>