The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 85

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 85

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ...and thereby clothe that court with jurisdiction to render a judgment which would bind the United States. The instructions of the Attorney-General are not found in the record. and we are not referred to any act of Congress which empowers him to make the United States a party, either plaintiff or defendant, to an action in a State court, and in the absence of such a law jurisdiction can not be thus conferred. Carr v. United States, 98 U. S., 433; United States v. Lee, 106 U. S., 196. It is probably true that it was intended by the Attorney-General that this action against the officers of the government should be defended by the United States district attorney, as were cases above cited and others therein referred to, but not that the United States should be made a defendant; but be this as it may, we are of the opinion that the exception should have been sustained, and that the District Court did not acquire jurisdiction over any controversy between the United States and the plaintiff and intervenor. ' Hany objections are made to the judgment in favor of the United States for the value of improvements made on the lot, some of which we would have to sustain were it necessary to pass upon them; but in view of the fact that the court had no jurisdiction to render judgment either in favor of or against the United States, the judgment in so far must be set aside, without reference to the validity of any claim that might be made for the value of improvements were there parties before the court between whom such an issue could be tried. Defendants admitted that they held possession of the lot, and it is not urged that the judgment for rents is greater than the reasonable value of the use while they were in possession; but the question arises, ...
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Product details

  • Paperback | 352 pages
  • 189 x 246 x 19mm | 630g
  • United States
  • English
  • black & white illustrations
  • 1236768779
  • 9781236768773