Garner v. . Worth
Supreme Court of North Carolina
Civil action by the plaintiff, as Superior Court clerk of Carteret county, to obtain a mandamus directing the State Treasurer to pay certain claims against the State, heard before Robinson, J., at October Term, 1897, of Wake Superior Court.
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Civil action by the plaintiff, as Superior Court clerk of Carteret county, to obtain a mandamus directing the State Treasurer to pay certain claims against the State, heard before Robinson, J., at October Term, 1897, of Wake Superior Court. The complaint alleged that in certain actions (104 in number) instituted in the Superior Court of Carteret county by the State on relation of the Solicitor of the 6th Judicial District for the purpose of vacating certain entries, licenses or grants, by authority of Section 4, Chapter 287, Acts of 1893, non-suits were entered and it was adjudged that the…
1Opinion of the Court
Clark, J.:
Providing for or directing payment of legal liabilities incurred by or on behalf of the State is a matter for the legislative, not the judicial branch of the government, for by virtue of its sovereignty the State cannot be sued. When the decision in Chisholm v. Georgia, 2 Dallas, 419, rendered it possible that the Federal Judiciary would violate this immunity of sovereignty, a wide-spread alarm promptly forced through the adoption of the XI Amendment to the Constitution of the United States forever prohibiting the Federal courts from entertaining jurisdiction of any action against…
2Cases cited16 opinions
- Cotten v. . EllisSupreme Court of North Carolina · 1860
- Letterlough v. AtkinsSupreme Court of North Carolina · 1962
- Bledsoe v. . StateSupreme Court of North Carolina · 1870
- Boner v. . AdamsSupreme Court of North Carolina · 1871
- Commercial & Farmers Bank v. WorthSupreme Court of North Carolina · 1895
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Able Outdoor, Inc. v. HarrelsonSupreme Court of North Carolina · 1995
- Love v. FiltschSupreme Court of Oklahoma · 1912
- Goldston v. StateCourt of Appeals of North Carolina · 2009
- Phillips v. StateCourt of Appeals of Georgia · 1921
- Bank v. . WorthSupreme Court of North Carolina · 1895
8 more not listed; retrieve them via the Exa API.