Scully v. Bird
Citations
- 209 U.S. 481
- 28 S. Ct. 597
- 52 L. Ed. 899
- 1908 U.S. LEXIS 1668
Syllabus
<p>This court will not assume an inconsistency to exist between the opinion of the Circuit Court and its certificate.</p> <p>On certificate that the bill was dismissed solely because the suit was against the State within the meaning of the Eleventh Amendment and therefore not within the jurisdiction of the Federal court as such, this court cannot determine whether the bill should have been dismissed because not presenting a case for equitable relief.</p> <p>A suit by a citizen of another State to restrain a state officer from improperly enforcing a state statute, where no criminal prosecution has been commenced, held, in this case, not to be an action against the State within the meaning of the Eleventh Amendment.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- performing a full analysis of allegations brought against an officer in their official capacity before concluding that “[i]t is manifest from this summary of the allegations of the bill that this is not a suit against the State”
Source: CourtListener parenthetical corpus (CC0).
Judges: McKenna, Haelan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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