Summary

Horace Gray Wisconsin v. Pelican Insurance Company…

The eleventh article of amendment simply declares that 'the judicial power of the United States shall not be construed to extend to any suit, in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.' By the constitution, therefore, this court has original jurisdiction of suits brought by a state against citizens of another state, as well as of controversies between two states
Source: Wikisource

Horace Gray Wisconsin v. Pelican Insurance Company…

In whatever form the state pursues her right to punish the offense against her sovereignty, every step of the proceeding tends to one end,-the compelling the offender to pay a pecuniary fine by way of punishment for the offense. This court, therefore, cannot entertain an original action to compel the defendant to pay to the state of Wisconsin a sum of money in satisfaction of the judgment for that fine.
Source: Wikisource

Horace Gray Wisconsin v. Pelican Insurance Company…

The essential nature and real foundation of a cause of action are not changed by recovering judgment upon it; and the technical rules which regard the original claim as merged in the judgment, and the judgment as implying a promise by the defendant to pay it, do not preclude a court to which a judgment is presented for affirmative action (while it cannot go behind the judgment for the purpose of examining into the validity of the claim) from ascertaining whether the claim is really one of such a nature that the court is authorized to enforce it.
Source: Wikisource

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