Lincoln County v. Luning
Citations
- 133 U.S. 529
- 10 S. Ct. 363
- 33 L. Ed. 766
- 1890 U.S. LEXIS 1929
Syllabus
<p>The Eleventh Amendment to the Constitution does not operate to prevent counties in a State from being sued' in a Federal Court.</p> <p>No state statute exempting a county in the State from liability to suit except. in the courts of the county can defeat the jurisdiction of suits given by the Constitution to the Federal courts.</p> <p>This court follows the Supreme Court of Nevada in holding that the statute under which the bonds in controversy were issued was not in conflict with the Constitution of of that State.</p> <p>County of Greene v. Daniel, 102 U. S. 187, followed.</p> <p>When, after default by a municipal corporation in the payment .of interest upon its bonds the legislature provides for the creation of a special fund-by the debtor, out of which the creditor is to be paid, the debtor cannot set up the statute of limitations to an action on the bonds and coupons, without showing that the fund has been provided.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that Eleventh Amendment immunity extends only to States, not to counties or municipal corporations
- concluding that a county employee defendant was not immune from suit under the Eleventh Amendment
- concluding that a county employee defendant was not immune from suit under the Eleventh Amendment
- holding that Eleventh Amendment immunity does not extend to counties, cities, or municipal corporations
- holding that Nevada counties are not immune under the Eleventh Amendment
- observing that even though counties are “integral to the State,” they are still unprotected by sovereign immunity
Source: CourtListener parenthetical corpus (CC0).
Judges: Brewer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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