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Scully v. Bird, 209 U.S. 481 (1908)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Scully v. Bird, 209 U.S. 481 (1908)
Scully v. Bird No, 353 Submitted April 20, 1908 Decided May 4, 1908 209 U.S. 481
APPEAL FROM THE CIRCUIT COURT OF THE UNITED
STATES FOR THE EASTERN DISTRICT OP MICHIGAN
Syllabus
This Court will not assume an inconsistency to exist between the opinion of the Circuit Court and its certificate.
On certificate that the bill was dismissed solely because the suit was against the state within the meaning of the Eleventh Amendment and therefore not within the jurisdiction of the federal court as such, this Court cannot determine whether the bill should have been dismissed because not presenting a case for equitable relief.
A suit by a citizen of another state to restrain a state officer from improperly enforcing a state statute, where no criminal prosecution has been commenced, held, in this case, not to be an action against the state within the meaning of the Eleventh Amendment.
The facts are stated in the opinion.
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Chicago:
U.S. Supreme Court, "Syllabus," Scully v. Bird, 209 U.S. 481 (1908) in 209 U.S. 481 209 U.S. 483. Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=ZJA1EDKYMUXKHMF.
MLA:
U.S. Supreme Court. "Syllabus." Scully v. Bird, 209 U.S. 481 (1908), in 209 U.S. 481, page 209 U.S. 483. Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=ZJA1EDKYMUXKHMF.
Harvard:
U.S. Supreme Court, 'Syllabus' in Scully v. Bird, 209 U.S. 481 (1908). cited in 1908, 209 U.S. 481, pp.209 U.S. 483. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=ZJA1EDKYMUXKHMF.
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