Oswald v. New York
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Oswald v. New York, 2 U.S. (2 Dall.) 401 (1792), was a United States Supreme Court case in which an individual sued a state.
No appearance was entered for the
Background
The origins of the case begin with John Holt, editor and writer whose printing presses were seized by the British for violating the Stamp Act.
In this case the primary question was of payment for work performed. As late as 1783, Holt complained to the New York Senate about not being paid his annual salary. While no annual salary had been authorized and some work had been paid for by the State of New York, Holt argued that he was due funds that were not paid and he was forced to cease publication of his newspaper.[1] Upon Holt’s death, his widow Elizabeth Holt filed a claim with the New York State Auditor in the amount of £5,293 for salary and expenses as state printer. Upon review of the claim, the auditor paid £2,000 for expenses but denied the claim for salary noting that the work performed after the first year was performed in lieu of salary. Mrs. Holt pressed her claim to the legislature which also denied the claim. Following this, she sold the newspaper and moved to Philadelphia with her daughter and son-in-law Eleazer Oswald.[1]
When Elizabeth Holt died in 1788, her son-in-law, Eleazer Oswald then renewed the claim against the State of New York. Again presenting the case to Assembly, no relief was provided despite an attempt by the legislature to review the issue. With no relief from the legislature, Oswald filed suit in the
Proceedings
Following the filing of the case, summons were dispatched to Governor
During the Fall Term of the court, attorney Jared Ingersoll appeared on behalf of the State of New York and filed a protest that the Court did not have jurisdiction over the case. Before the motion was heard by the court, Oswald's attorney requested a postponement of the case. Before the resumption of the case at the next session, politics intervened. The New York General Assembly came under control of the
Opinion of the Court
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an appearance on the part of the State.While, however, the court held the motion under advisement, it was voluntarily withdrawn, and the suit discontinued.[4]
References
- ^ a b c d e Shortell, Christopher. Rights, Remedies, and the Impact of the Sovereign State. Albany, NY: University of New York Press, 2008. p. 35.
- ^ Paltsits, Victor Hugo. John Holt, Printer and Postmaster: Some Facts and Documents Related to His Career. New York: New York Public Library, 1920. p. 6-7.
- ^ a b Shortell, Christopher. Rights, Remedies, and the Impact of the Sovereign State. Albany, NY: University of New York Press, 2008. p. 36.
- (1792).
External links
- Text of Oswald v. New York,