Oswald v. New York
Encyclopedia
Oswald v. New York 2 U.S. 401 (Dall.) (1792) was the first Supreme Court of the United States
decision where an individual sued a state.
No appearance was entered for the defendant state and default judgment was rendered against the state.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision where an individual sued a state.
No appearance was entered for the defendant state and default judgment was rendered against the state.
Opinion
Dallas records the case as follows:
Oswald, Administrator
v.
the State of New York
February Term, 1792
Summons. In this case the Marshall had returned the writ served; and now Sergeant moved for a distringas, to compel an appearance on the part of the State.
While, however, the court held the motion under advisement, it was voluntarily withdrawn, and the suit discontinued.