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Quote of the Day - When a man's willing and eager, the gods join in. - Aeschylus
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Can You Sue God? Is It Necessary To Join Satan As An Indispensable Party?

Apparently Nebraska State Senator Ernie Chambers thinks so - at least on the first part.  The jury's still out on the second.  He sued God in Nebraska state court, but the judge dismissed the case for lack of service:  "Given that this court finds that there can never be service effectuated on the named defendant this action will be dismissed with prejudice," Douglas County District Judge Marion A. Polk wrote from Courtroom 10.  According to the Associated Press article in that last link, Senator Chambers isn't taking it lying down.  " 'The court itself acknowledges the existence of God,' Chambers said Wednesday. 'A consequence of that acknowledgment is a recognition of God's omniscience.'  Therefore, Chambers said, 'Since God knows everything, God has notice of this lawsuit.' "

I don't know about you, but it is a bit of a turn of events from Gerald Mayo's 1971 lawsuit against Satan.  His case was dismissed as well, and somewhat one the same reasoning: 

While the official reports disclose no case where this defendant has appeared as defendant there is an unofficial account of a trial in New Hampshire where this defendant filed an action of mortgage foreclosure as plaintiff [The Devil and Daniel Webster].  The defendant in that action was represented by the preeminent advocate of that day, and raised the defense that the plaintiff was a foreign prince with no standing to sue in an American Court.  This defense was overcome by overwhelming evidence to the contrary.  Whether or not this would raise an estoppel in the present case we are unable to determine at this time.

If such action were to be allowed we would also face the question of whether it may be maintained as a class action. It appears to meet the requirements of Fed. R. of Civ. P. 23 that the class is so numerous that joinder of all members is impracticable, there are questions of law and fact common to the class, and the claims of the representative party is typical of the claims of the class. We cannot now determine if the representative party will fairly protect the interests of the class.

We note that the plaintiff has failed to include with his complaint the required form of instructions for the United States Marshal for directions as to service of process.

For the foregoing reasons we must exercise our discretion to refuse the prayer of plaintiff to proceed in forma pauperis (Latin:  "in the form of a pauper").

I don't get it.  Everybody's so concerned about jurisdiction.  If as Senator Chambers argues, God is all around, then isn't he/she in the courtroom, too?  But that's just the half of it.  I think you can't sue God without also bringing Satan into the lawsuit.  Any case takes two sides to argue.

Just think.  We might even be able to make some headway in the election and the current economic crisis. 

My only hope is that Senator Chambers files an appeal.

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Wednesday, October 15, 2008 at 15:18 Comments Closed (1) |
 
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