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" 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 470
1919
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Official Gazette, Volume 84, Issues 27-29

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...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 205

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1907 - 638 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,...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 205

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1907 - 640 pages
...deficiency judgment for sum remaining due if proceeds of sale are insufficient to pay the debt. A sovereign is exempt from suit, not because of any formal conception...authority that makes the law on which the right depends, and as this doctrine is not confined to full sovereign powers it extends to those, such as the Territories...
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The Doctrine of Non-suability of the State in the United States

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...
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The Johns Hopkins University Studies in Historical and Political Science

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...
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The Law of Torts: A Concise Treatise on the Civil Liability at Common Law ...

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,...
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Property and Contract in Their Relations to the Distribution of Wealth, Volume 1

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...
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Illustrative Cases on Constitutional Law

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...
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The Constitutional Doctrines of Justice Harlan

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...
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The Johns Hopkins University Studies in Historical and Political Science

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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