A sovereign is exempt from suit, not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends. Harvard Law Review - Page 4701919Full view - About this book
| Philippines - 1988 - 484 pages
...Corporation Law provides that every corporation has the power to sue and be sued in any court. "A sovereign is exempt from suit, not because of any formal conception...authority that makes the law on which the right depends" (Justice Holmes in Kawananakoa vs. Polyblank, 205 US 353, 51 L. ed. 834). "The public service would... | |
| Karl Singewald - 1910 - 136 pages
...view of the exemption, resting upon the eminent authority of Justice Holmes, is this : " A sovereign is exempt from suit, not because of any formal conception...the authority that makes the law on which the right depends."3 This afforded a basis for the extension of the exemption to the territory of Hawaii: "As... | |
| John Martin Vincent - 1911 - 606 pages
...view of the exemption, resting upon the eminent authority of Justice Holmes, is this : " A sovereign is exempt from suit, not because of any formal conception...the authority that makes the law on which the right depends."3 This afforded a basis for the extension of the exemption to the territory of Hawaii : "As... | |
| Francis Marion Burdick - 1913 - 724 pages
...answer has been public property since before the days of Hobbes. (Leviathan, c. 26, 2.) A sovereign is exempt from suit, not because of any formal conception...authority that makes the law on which the right depends. ' Car on peut bien recevoir lay d'autruy, mais il est impossible par nature de se donner loy.' Bodin,... | |
| Richard Theodore Ely - 1914 - 542 pages
...but the answer has been public property since the days of Hobbes (Leviathan c. 26, 2). A sovereign is exempt from suit, not because of any formal conception...no legal right as against the authority that makes a law on which the right depends. 'Car on peut bien recevoir loy d'autruy, mais il est impossible par... | |
| James Parker Hall - 1914 - 528 pages
...consent, Holmes, J., saying: "A sovereign is exempt from suit, not because of any formal conception of obsolete theory, but on the logical and practical...authority that makes the law on which the right depends. * * * As the ground is thus logical and practical, the doctrine is not confined to powers that are... | |
| Floyd Barzilia Clark - 1915 - 234 pages
...very logical objection is made by Justice Holmes in Kawananakoa v. Polyblank, 205 US 349: "A sovereign is exempt from suit, not because of any formal conception...authority that makes the law on which the right depends." This objection sounds convincing, but a careful examination may reveal faulty premises. There is little... | |
| 1915 - 652 pages
...very logical objection is made by Justice Holmes in Kawananakoa v. Polyblank, 205 US 349: "A sovereign is exempt from suit, not because of any formal conception...authority that makes the law on which the right depends." This objection sounds convincing, but a careful examination may reveal faulty premises. There is little... | |
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