SCULLY V. BIRD, 209 U. S. 481 (1908)
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U.S. Supreme Court
Scully v. Bird, 209 U.S. 481 (1908)
Scully v. Bird
No, 353
Submitted April 20, 1908
Decided May 4, 1908
209 U.S. 481
Syllabus
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.