1. Courts (§ 325*) — Immunity prom Suit — Waiver.

Immunity against suit, conferred on a state by the federal Constitution, eleventh amendment, providing that the judicial power of the United States shall not extend to any suit at law or in equity commenced ■or prosecuted against one of the United States by citizens of another state, may be waived in a case within the court’s jurisdiction.

[Ed. Note. — For other cases, see Courts, Cent. Dig. § 884; Dee. Dig. § 325.*]

2. Courts (§ 307*) — Federal Courts — Diversity op Citizenship — States— “Citizen.”

A state is not a “citizen” within the law conferring federal jurisdiction in certain cases where diversity of citizenship exists.

[Ed. Note. — For other cases, see Courts, Cent. Dig. §§ 850-854; Dee. Dig. § 307.*

For other definitions, see Words and Phrases, vol. 2, pp. 1164-1174; vol. 8, pp. 7602, 7603.

Diverse citizenship as a ground of federal .jurisdiction, see notes to Shipp v. Williams, 10 C. C. A. 249; Mason v. Dullagham, 27 C. C. A. 298.]

3. Courts (§ 325*) — Right to Sue State — Statutes—Conditions.

Code Civ. Proc. Cal. § 1240, authorizes condemnation of state lands to public use when not devoted to other public uses; and section 1243 provides that all proceedings therefor shall be brought in the superior courts of the counties in which the property is situated. Held that, since the state was authorized to attach the condition that suits brought against the state with its consent shall be brought in one of its own courts, the appearance of the Attorney General in a suit to condemn land of the state in a federal court did not confer jurisdiction on such court over the state.

[Ed. Note. — For other cases, see Courts, Cent. Dig. g 884; Dec. Dig. § 325.*

Federal jurisdiction in suit against state, see note to Tindall v. Wesley, 13 C. C. A. 165.]