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· 1/6/1903

Union Trust Co. v. Stearns

Citations

  • 119 F. 790
  • 1903 U.S. App. LEXIS 5435

Syllabus

<p>1. Jurisdiction of Federal Courts—Suit against State—Enjoining Criminal Prosecutions under State Statute.</p> <p>A suit against the attorney general and assistant attorney general of a state to enjoin them from instituting criminal prosecutions in the name of the state under a state statute, by which they are charged with no special duty, and to which they bear no different relation than to any other penal statute,- is a suit against the state, within the meaning of the eleventh constitutional amendment, of which a federal court is without jurisdiction.</p> <p>¶ 1. Federal jurisdiction of suits against state, see note to Tindall v. Wesley, 13 C. C. A. 165.-</p>

Judges: Colt

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