Wisconsin Ex Rel. Bolens v. Frear

Citations

• 231 U.S. 616
• 34 S. Ct. 272
• 58 L. Ed. 400
• 1914 U.S. LEXIS 1432

Syllabus

<p>In this case this court follows the construction given by the highest court of the State to the provisions of the state constitution in regard to its jurisdiction of eases in which the State is a party or which are brought by the consent of the State on the relation of an individual.</p> <p>Where the relator has no authority to sue except by consent of the State, and he is a mere agent for calling judicial authority into activity for protection of general public rights, and not for redress of individual wrongs, the State is the real party plaintiff and the-relator has no power without its consent to prosecute error to this court.</p> <p>Where, in such a case, the State does not consent that the relator prosecute error the writ will be dismissed; the case is not within Rev. Stat., § 709 (Judicial Code, § 237), and tins court has not jurisdiction.</p> <p>The fact that this court has authority under § 237, Judicial Code, to ■decide a legal question in a case where jurisdiction exists, does not give it powér to decide that question in a case where jurisdiction does not exist.</p> <p>Where jurisdiction does hot exist this court will not pass upon the questions involved so that in future cases involving those questions the state court may be guided by the views expressed by this court' thereon.</p>