Chisholm v. Georgia, 2 U.S. 419 (1793)
Later nullified by the Eleventh Amendment, this decision allowed citizens of states to sue other states in federal court because sovereign immunity was not found to apply.
U.S. Supreme CourtChisholm v. Georgia, 2 U.S. 2 Dall. 419 419 (1793)
Chisholm v. Georgia
2 U.S. (2 Dall.) 419
This great cause comes before the Court on a motion made by the Attorney General that an order be made by this Court to the following effect:
"That, unless the State of Georgia shall, after reasonable notice of this motion, cause an appearance to be entered on behalf of the said State on the fourth day of next Term, or show cause to the contrary, judgment shall be entered for the plaintiff, and a writ of enquiry shall be awarded."
Before such an order be made, it is proper that this Court should be satisfied it hath cognizance of the suit; for, to be sure, we ought not to enter a conditional judgment (which this would be) in a case where we were not fully persuaded we had authority to do so.