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''Oswald v. New York'', , was a United States Supreme Court case in which an individual sued a state. No appearance was entered for the defendant state and default judgment was rendered against the state.This remains the only case decided by the U.S. Supreme Court in which a citizen of a different state brought suit against a state where the state paid damages and court costs after a jury trial.〔Shortell, Christopher. Rights, Remedies, and the Impact of the Sovereign State. Albany, NY: University of New York Press, 2008. p. 35.〕 ==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.〔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.〕 Following the seizure of his servants and presses, Holt received the assistance of George Clinton and Philip Schuyler and opened the New-York Journal. In 1777 Holt was then hired by the State of New York through the Committee of Safety chaired by John Jay. The Committee authorized the payment of £200 for one year. Despite no other resolution being passed, Holt continued to serve as the state printer for laws and resolutions until his death in 1784.〔Shortell, Christopher. Rights, Remedies, and the Impact of the Sovereign State. Albany, NY: University of New York Press, 2008. p. 35.〕 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.〔Shortell, Christopher. Rights, Remedies, and the Impact of the Sovereign State. Albany, NY: University of New York Press, 2008. p. 35.〕 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.〔Shortell, Christopher. Rights, Remedies, and the Impact of the Sovereign State. Albany, NY: University of New York Press, 2008. p. 35.〕 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 U.S. Supreme Court in February 1791 seeking $31,458.35 in salary and damages.〔Shortell, Christopher. Rights, Remedies, and the Impact of the Sovereign State. Albany, NY: University of New York Press, 2008. p. 35.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Oswald v. New York」の詳細全文を読む スポンサード リンク
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