The State’s Real Interest.

Ordinarily, a state may not sue in its name unless it is the real party in interest with real interests. It can sue to protect its own property interests,1089 and if it sues for its own interest as owner of another state’s bonds, rather than as an assignee for collection, jurisdiction exists.1090 Where a state, in order to avoid the limitation of the Eleventh Amendment, provided by statute for suit in the name of the state to collect on the bonds of another state held by one of its citizens, it was refused the right to sue.1091 Nor can a state sue the citizens of other states on behalf of its own citizens to collect claims.1092

Footnotes

1089
Pennsylvania v. Wheeling & B. Bridge Co., 54 U.S. (13 How.) 518, 559 (1852); Oklahoma ex rel. Johnson v. Cook, 304 U.S. 387 (1938); Georgia v. Evans, 316 U.S. 159 (1942). [Back to text]
1090
South Dakota v. North Carolina, 192 U.S. 286 (1904). [Back to text]
1091
New Hampshire v. Louisiana, 108 U.S. 76 (1883). [Back to text]
1092
Oklahoma ex rel. Johnson v. Cook, 304 U.S. 387 (1938). [Back to text]