Browder v. McArthur, 7 Wheat. 58 (1822). · Go Syfert
Browder v. McArthur, 7 Wheat. 58 (1822). Cases Citing This Book View Copy Cite
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At page 71 Defining "person" under section 19831 citing case[N]either a State nor its officials acting in their official capacities are ‘persons’ under § 1983.1 citing court put it this way
  • Stuart v. Scottsdale, City of, No. 2:20-cv-00755 (D. Ariz. Aug. 3, 2020).
    ([N]either a State nor its officials acting in their official capacities are ‘persons’ under § 1983.)
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Browder
v.
M'Arthur
Supreme Court of the United States.
Feb 21, 1822.
Published opinion
7 Wheat. 58
1822 U.S. LEXIS 257
Mr. Doddridge, for the appellant,
Cited by 39 opinions  |  Published

The Court denied the motion, being of opinion that it was too late to grant a rehearing in a cause after it had been remitted to the Court below, to carry into effect the decree of this Court, according to its mándate; and that a subsequent appeal from the Circuit Court, for supposed error in.carrying into[*59] effect such mandate, brought up only the proceedings subsequent to the mandate, and did not authorize an inquiry into the merits of the original decree.

Motion denied.

He cited 2 Madd. Chan. 390, 3 P. Wms. 8. 2 Atk. 439.