Giles v. McKanna

HUGHES, Justice.

Appellees, Edwin A and Eileen A. Mc-Kanna, sued the Commissioner of the General Land Office and the members- of the Board for Lease of University Lands, appellants, in their official capacities, to enjoin the threatened cancellation of an oil and gas lease, which appellees own, and for a declaratory judgment establishing the present validity of such lease.

Appellants filed a plea in abatemént, alleging that this suit was in reality against the State, and the State not having given its consent to be sued, was not maintainable; and, in the alternative, that if the suit not be…