Prout v. Starr

Citations

• 188 U.S. 537
• 23 S. Ct. 398
• 47 L. Ed. 584
• 1903 U.S. LEXIS 1298

Syllabus

<p>It is competent and proper for all the parties to an action to agree to dispense with taking evidence, to accept the evidence taken in other cases in which the allegations of fact and the contentions of law are the same, and to abide by decrees to be entered therein. And, where the decrees entered in such other cases have been affirmed by this court, the Circuit Court in which the cases are pending should enter a similar decree in the case in which the agreement is made.'</p> <p>Such agreement when made by the attorney general of the State as a party to any action is binding upon his successors in office who have been properly substituted as parties to the action in his place.</p> <p>The Constitution of the United States, with the several amendments thereof, must be regarded as one instrument,' all of whose provisions are to be deemed of .equal validity. And in an action properly instituted against a state official the Eleventh Amendment is not a barrier to a .judicial inquiry as to whether the/ provisions of the Fourteenth Amendment have been disregarded by state enactments.</p> <p>The contentions of law in this case were considered and determined by this court in Smyth v. Ames, 169 U. S. 466, which is now followed.</p>