People v. Ramos - 232 U.S. 627 (1914)


U.S. Supreme Court

People v. Ramos, 232 U.S. 627 (1914)

People v. Ramos

No. 390

Submitted February 25, 1914

Decided March 16, 1914

232 U.S. 627

Syllabus

Immunity of sovereignty from suit without consent does not permit the sovereign to reverse the action invoked by it so that it may come in and go out of court at will without the right of the other party to resist either step.

While Porto Rico may not in ordinary actions be sued without its consent, a voluntary appearance after due consideration and request to be made a party by the Attorney General on the ground of interest in the controversy amounts to a consent, and thereafter Porto Rico cannot object to the jurisdiction on account of its immunity as a sovereign. Porto Rico v. Rosaly, 227 U. S. 270, distinguished.

Page 232 U. S. 628

Where the District Court of the United States for Porto Rico had jurisdiction of an action involving title to real estate brought by a citizen of Porto Rico against a foreign subject, the jurisdiction is not outed because Porto Rico become, on the application of the Attorney General, the sole party defendant.

Quaere whether Porto Rico cannot be made a party defendant without its consent to an action involving title to real estate claimed to be an escheat.

The facts, which involve the immunity of sovereignty from suit as applied to Porto Rico and the determination of what constitutes consent to be sued, are stated in the opinion.



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