Miller Supply Co. v. State Board of Control
West Virginia Supreme Court
Error to Circuit Court, Cabell County. Action by the Miller Supply Company against the State Board of Control. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
RobiNSON, Judge:
May a suit be maintained against the State Board of Control for goods, wares, and merchandise furnished to one of the state institutions upon the alleged order of that board? Is not such an action one against-the state, within our constitutional limitation which reads: “The State of West Virginia shall never be made -defendant in any court of law or equity” ? These are *525the questions brought to us. They arise upon the .ruling of the trial court in sustaining a demurrer to the plaintiffs declaration.
Our decision is that the action can not be maintained — that it was rightly…
2Cases cited3 opinions
- Coal & Coke Ry. Co. v. ConleyWest Virginia Supreme Court · 1910
- Miller v. State Board of AgricultureWest Virginia Supreme Court · 1899
- Tompkins v. Kanawha BoardWest Virginia Supreme Court · 1881
3Cited by30 opinions
- Pittsburgh Elevator Co. v. West Virginia Board of RegentsWest Virginia Supreme Court · 1983
- Hampton v. State Board of EducationSupreme Court of Florida · 1925
- Southall v. Stricos CorporationSupreme Court of Alabama · 1963
- Stewart v. State Road Commission of West VirginiaWest Virginia Supreme Court · 1936
- City of Morgantown v. DuckerWest Virginia Supreme Court · 1969
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