OSWALD, ADMINISTRATOR, VERSUS THE STATE OF NEW-YORK

U.S. | 1792-02-01

2 Dall. 401 Supreme Court of the United States (1792) Positive Treatment

Also reported at: 1 L. Ed. 433 · 1792 U.S. LEXIS 587 · SCDB 1792-001

Cited by 7 cases

Opinion of the Court

SUMMONS. In this cafe the Marfhall had returned the writ ferved ; and now Sergeant moved for a diflr ingas, to compel an appearance on the part of the State. ■

*402While, however, the court held the motion under .advifement, it was voluntarily withdrawn,, and the fuit difcontinued.*

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Edelman v. Jordan, 415 U.S. 651 (U.S. 1974)
Atascadero State Hosp. v. Scanlon, 473 U.S. 234 (U.S. 1985)

…bate in Congress. See Fletcher, at 1053-1054.30 [*281] Those with disputes against States had no doubt that state-citizen diversity jurisdiction gave them a remedy in federal court. The first case docketed in this Court was Vanstophorst v. Maryland, 2 Dall. 401 (1791), a suit by Dutch creditors who sought judgments to recover principal and interest on Revolutionary War loans to the State of Maryland. Although a number of other cases were brought against States prior to the passage of the Eleventh Amendment…
Alden v. Maine, 527 U.S. 706 (U.S. 1999)

…ates’”). Nor do the controversial early suits prosecuted against Maryland and New York reflect a widespread understanding that the States had surrendered their immunity to suit. Maryland’s decision to submit to process in Vanstophorst v. Maryland, 2 Dall. 401 (1791), aroused great controversy, see Marcus & Wexler, Suits Against States: Diversity of Opinion in the 1790s, 1993 J. Sup. Ct. History 73, 74-75, and did not go unnoticed by the Supreme Court, see Chisholm, 2 Dall., at 429-430 (Iredell, J., disse…

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