collusive suit
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 319 U.S. 302 - United States v. Johnson · 1943Most cited · 291 citing opinions
Such a suit is collusive because it is not in any real sense adversary. It does not assume the 'honest and actual antagonistic assertion of rights' to be adjudicated—a safeguard essential to the integrity of the judicial process, and one which we have held to be indispensable to adjudication of constitutional questions by this Court.
How often courts cite the cases defining “collusive suit”
Court decisions citing the 2 opinions that defined “collusive suit” — 522 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1850–1943
- ORIGINAL
any attempt, by a mere colorable dispute, to obtain the opinion of the court upon a question of law which a party desires to know for his own interest or his own purposes, when there is no real and substantial controversy between those who appear as adverse parties to the suit, is an abuse which courts of justice have always reprehended, and treated as a punishable contempt of court.