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GRAYSON V. VIRGINIA, 3 U. S. 320 (1796)

U.S. Supreme Court

Grayson v. Virginia, 3 U.S. 3 Dall. 320 320 (1796)

Grayson v. Virginia

3 U.S. (3 Dall.) 320


The general rule for the government of the proceedings of the court prescribes an adoption of that practice which is founded on the custom and usage of courts of admiralty and equity, constituted on similar principles, but the courts are authorized to make such deviations as are necessary to adapt the process and rules of the court to the peculiar circumstances of the country, subject to the control of the legislature.

Mode of service of process at common law or equity in a suit against a state.

The service of the subpoena in this case being proved, Lewis moved at the last term that a distringas might be awarded in order to compel the state to enter an appearance, arguing from the analogy between a state and other bodies corporate that this was the proper mode of proceeding. The Court, however, postponed a decision on the motion in consequence of a doubt whether the remedy to compel the appearance of a state should be furnished by the Court itself or by the legislature. And, in the present term Lewis argued that the Court was competent to furnish all the necessary means for effectuating its own jurisdiction.

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