Chisholm v. Georgia,
2 U.S. 419 (1793)

Annotate this Case
  • Syllabus  | 
  • Case

U.S. Supreme Court

Chisholm v. Georgia, 2 U.S. 2 Dall. 419 419 (1793)

Chisholm v. Georgia

2 U.S. (2 Dall.) 419

Page 2 U. S. 429

Iredell, Justice.

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.

Primary Holding

Later nullified by the Eleventh Amendment, this decision allowed citizens of states to sue state governments in court because sovereign immunity was not found to apply.

Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship.

Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law 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.