UNITED STATES v. STELTER

No. B-6997.

567 S.W.2d 797 (1978)

UNITED STATES of America, Petitioner, v. Dorothy M. STELTER, Respondent.

Supreme Court of Texas.

Rehearing Denied July 19, 1978.


Attorney(s) appearing for the Case

Jamie C. Boyd, U. S. Atty., Hugh P. Shovlin, Asst. U. S. Atty., San Antonio, for petitioner.

Charles A. Deason, Jr., El Paso, for respondent.


GREENHILL, Chief Justice.

The United States, as a sovereign, cannot be sued without its consent. Unless it so consents, it is immune from suit.

The problem in this case is whether the United States has given its consent to be sued in the garnishment proceeding before us. We hold that it has not. While the result here is regrettable, it is our duty to hold that the plea of sovereign immunity made by the U. S. attorney must be sustained. Accordingly we must...

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