Scully v. BirdAnnotate this Case
209 U.S. 481 (1908)
U.S. Supreme Court
Scully v. Bird, 209 U.S. 481 (1908)
Scully v. Bird
Submitted April 20, 1908
Decided May 4, 1908
209 U.S. 481
This Court will not assume an inconsistency to exist between the opinion of the Circuit Court and its certificate.
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.
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.
The facts are stated in the opinion.
Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.