McElrath v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the Seventh Amendment does not govern suits against the United States Government, including counterclaims by the Government, because those suits “are not suits at common law within its true meaning”
• upholding statute barring jury trial of a counterclaim by the United States
• upholding statute barring jury trial of a counterclaim by the United States
• noting that because the government is immune to suit, it “cannot be sued, except with its own consent,” and in consenting, “[i]t can declare in what court it may be sued” and “restrict the jurisdiction of the court to a consideration of only certain classes of claims against” it
• “[The Government] can declare in what court it may be sued, and prescribe the forms of pleading and the rules of practice to be observed in such suits”
• “[The Government] can declare in what court it may be sued, and prescribe the forms of pleading and the rules of practice to be observed in such suits.”

Source: CourtListener parenthetical corpus (CC0).