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Name: Johnson v. McAdoo45 App. D.C. 440 (1916) — Brief for Appellee (McAdoo)Filed: April 26, 1916
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Johnson v. McAdoo45 App. D.C. 440… (1916|noyear)

Summary

“Johnson v. McAdoo45 App. D.C. 440 (1916) — Brief for Appellee (McAdoo)Filed: April 26, 1916”, published in 1916|noyear, is a work by | override_contributor. It explores elements such as the United States, appellants and the Supreme Court.

Quotes from Johnson v. McAdoo45 App. D.C. 440… (| override_contributor)

| override_contributor, Johnson v. McAdoo45 App. D.C. 440… (1916|noyear)

“ Counsel for appellee regard the case last cited as decisively against the right of appellants to maintain the suit at bar, for, if a slave could not create a property right in himself by entering into a contract with, and thereby establishing a liability against, his master, how then can these appellants establish a claim against the United States, which, in its essence, can arise only as a property right upon a contractual basis?
It is respectfully submitted that appellants have no cause of action, and that, therefore, there is no equity in the suit. ”

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Source: Wikisource

| override_contributor, Johnson v. McAdoo45 App. D.C. 440… (1916|noyear)

“ It is well settled that no action can be maintained in any Federal court by the citizens of one State against a State, without its consent, even [p8] though the sole object of such suit be to bring the State within the operation of the constitutional provision which provides that 'no State shall pass any law impairing the obligation of contracts.' This immunity of a State is absolute and unqualified, and the constitutional provision securing it is not to be so construed as to place the State within the reach of the process of the court. ”

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Source: Wikisource

| override_contributor, Johnson v. McAdoo45 App. D.C. 440… (1916|noyear)

“ Nothing can call forth this court into activity but conscience, good faith and reasonable diligence; where these are wanting, the court is passive and does nothing. Laches and neglect are always discountenanced, and, therefore, from the beginning of this jurisdiction, there was always a limitation to suits in this court.' "
Independently of any statute of limitations, courts of equity uniformly decline to assist a person who has slept upon his rights and shows no excuse for his laches in asserting them. ”

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Source: Wikisource

| override_contributor, Johnson v. McAdoo45 App. D.C. 440… (1916|noyear)

“ APPELLANTS' REMEDY, IF ANY, IN ANY ASPECT OF THE CASE, IS IN THE COURT OF CLAIMS.
The principle that a sovereignty cannot be sued, except by its consent thereunto, expressly given, is too well established to require a citation of authorities. ”

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Source: Wikisource

| override_contributor, Johnson v. McAdoo45 App. D.C. 440… (1916|noyear)

“ Moneys of the United States derived from taxes levied and collected under laws enacted by Congress when paid into the United States Treasury constitute a part of the general fund of the Treasury, consisting principally of duties collected on merchandise imported into the United States and from internal revenue taxes that Congress makes the necessary appropriation for the support of the Government, the payment of the principal and interest of the public debt, and the support of the Army and Navy. ”

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Source: Wikisource

| override_contributor, Johnson v. McAdoo45 App. D.C. 440… (1916|noyear)

“ Louisiana applied for leave to file a petition for mandamus to compel the Secretary of the Treasury to collect from Cuba a larger duty on sugar than he had officially determined was collectible. At the threshold of the case, Mr. Justice Lurton, speaking for the court, at page 627, said:
"No principle is better established than that the United States may not be sued in the courts of this country without its consent. ”

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Source: Wikisource

| override_contributor, Johnson v. McAdoo45 App. D.C. 440… (1916|noyear)

“ The first class is where the suit is brought against the officers of the State, as representing the State's action and liability, thus making it, though not a party to the record, the real party against which the judgment will so operate as to compel it to specifically perform its contracts. ”

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Source: Wikisource

| override_contributor, Johnson v. McAdoo45 App. D.C. 440… (1916|noyear)

“ But the question whether it is in legal effect a party to the controversy is not always determined by the fact that it is not named as a party on the record, but by the effect of the judgment or decree here rendered. ”

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Source: Wikisource

| override_contributor, Johnson v. McAdoo45 App. D.C. 440… (1916|noyear)

“ Goldberg vs. Daniels (supra) .
In all the cases in the Supreme Court bearing upon the question, whether as a matter of law the suit is one against the sovereignty, be it State or nation, it has been the nature of the complaint or the nature of the relief sought, or both, which has determined the matter. A glance at some of the numerous cases is necessary.
Mr. Justice Lamar, delivering the opinion of the court in Pennoyer vs. McConnanghy, 140 U.S., 1, 9, made use of the following language:
"The question, then, of jurisdiction is first presented for determination. ”

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