United States Supreme Court Cases & Opinions

U.S. Supreme Court

FHA v. Burr, 309 U.S. 242 (1940)

Federal Housing Administration v. Burr

No. 354

Argued January 31, February 1, 1940

Decided February 12, 1940

309 U.S. 242

Syllabus

1. Under the National Housing Act, as amended, which provides that the Administrator shall, in carrying out the provisions of certain of its titles, "be authorized, in his official capacity, to sue and be sued in any court of competent jurisdiction, State or Federal," the Federal Housing Administration is subject to be garnished, under state law, for moneys due to an employee; but only those funds which have been paid over to the Administration in accordance with § 1 of the Act and which are in its possession, severed from Treasury funds and Treasury control, are subject to execution. Pp. 309 U. S. 249-250.

2. Waivers by Congress of governmental immunity from suit in the case of such federal instrumentalities should be construed liberally. P. 309 U. S. 245.

3. The words "sue and be sued," in their normal connotation, embrace all civil process incident to the commencement or continuance of legal proceedings. Garnishment and attachment commonly are part and parcel of the process provided by statute for the collection of debts. P. 309 U. S. 245.

289 Mich. 91, 286 N.W. 169, affirmed.

Certiorari, 308 U.S. 541, to review the affirmance of a judgment against the Federal Housing Administration in a garnishment proceeding.

Page 309 U. S. 243