Oswald v. New York

Oswald v. New York
Supreme Court of the United States
Full case name	Oswald v. New York
Holding
default against New York
Court membership
Chief Justice John Jay Associate Justices James Wilson · William Cushing John Blair · John Rutledge James Iredell
Majority	, joined by none

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.

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 While, however, the court held the motion under advisement, it was voluntarily withdrawn, and the suit discontinued.^[1]

See also

• List of United States Supreme Court cases, volume 2

References

1. ^ 2 U.S. 401 (1792)

• http://books.google.com/books?id=K7jhBkyoKSUC&pg=PA61&lpg=PA61&dq=oswald+v+new+york+1792&source=bl&ots=4xEHCZhZPW&sig=W_Bu93kK2yQzA1iM1fbt8mT8I2g&hl=en&ei=3wAPTdnlIYKosAPPjZXdAg&sa=X&oi=book_result&ct=result&resnum=4&ved=0CDEQ6AEwAw#v=onepage&q=oswald%20v%20new%20york%201792&f=false