The Doctrine of Non Suability of the State in the United States Electronic Reso
The Doctrine of Non Suability of the State in the United States Electronic Reso
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In our eReader you can find the full English version of the book. Read The Doctrine of Non Suability of the State in the United States Electronic Reso Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book The Doctrine of Non Suability of the State in the United States Electronic Reso
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The doctrine that a public officer may be restrained, in a proper case in equity, from committing a tort under color of an unlawful authority, has, so far as I know, never been denied by a State court. Objection was made in Osborn v. Bank, probably, not so much in denial of this general doctrine, but from a failure to appreciate fully that the constitution of the United States operates upon State enactments just as a State constitution operates upon State statutes. It was a period of general pr...otest against the growing national supremacy over the States.
The decision in Osborn v. Bank was clearly right. To enjoin state officials does affect the state more closely than to hold them liable in damages. The state cannot itself act, as can the king; and, if every agent is restrained, the state cannot act at all. But this intrinsic limitation of the state should not affect the remedy against its agents. The principle is that every person is liable for his own torts, even though acting as agent.
What to read after The Doctrine of Non Suability of the State in the United States Electronic Reso?
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To quickly assess the difficulty of the text, read a short excerpt:
The doctrine that a public officer may be restrained, in a proper case in equity, from committing a tort under color of an unlawful authority, has, so far as I know, never been denied by a State court. Objection was made in Osborn v. Bank, probably, not so much in denial of this general doctrine, but from a failure to appreciate fully that the constitution of the United States operates upon State enactments just as a State constitution operates upon State statutes. It was a period of general pr...otest against the growing national supremacy over the States.
The decision in Osborn v. Bank was clearly right. To enjoin state officials does affect the state more closely than to hold them liable in damages. The state cannot itself act, as can the king; and, if every agent is restrained, the state cannot act at all. But this intrinsic limitation of the state should not affect the remedy against its agents. The principle is that every person is liable for his own torts, even though acting as agent.
What to read after The Doctrine of Non Suability of the State in the United States Electronic Reso?
You can find similar books in the "Read Also" column, or choose other free books by Karl Singewald to read onlineMoreLess
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