Gulf Export Co. v. State
Mississippi Supreme Court
Appeal from the chancery court of Hinds county. Hox. O. B. Tayloe, Chancellor. Bill by the Gnlf Export Company against the state of Mississippi and others. From a decree dismissing the snit as to the state and a change of venne as to the other defendants, plaintiff appeals.
Read the full summary
Appeal from the chancery court of Hinds county. Hox. O. B. Tayloe, Chancellor. Bill by the Gnlf Export Company against the state of Mississippi and others. From a decree dismissing the snit as to the state and a change of venne as to the other defendants, plaintiff appeals. Appellant instituted this action in the chancery court of Hinds county against the state in its sovereign capacity and against Earl Brewer, at that time Governor, and W. A. Montgomery, P. E. Matthews, and J. F. Thames, trustees of the state penitentiary. The bill claims damages for the alleged breach of contract charged to…
1Opinion of the CourtSteveus, J.
Section 4800 of the Code defines and measures the right of any one to sue the state in its sovereign capacity. This section of our Code has been judicially interpreted by our court, and it only remains for us to follow the path which our legislature and court has surveyed and blazed out. To support a suit against the state, the claim must be a claim which the auditor has authority to audit and to allow.
The claim here sued on is not of that character. The bill in the first place does not show any binding contract on the part of the state; and in the second place, should we concede the validity…
2Cases cited3 opinions
- Hall v. StateMississippi Supreme Court · 1901
- State v. DinkinsMississippi Supreme Court · 1900
- State v. MayesMississippi Supreme Court · 1855
3Cited by10 opinions
- Principality of Monaco v. MississippiSupreme Court of the United States · 1934
- State Highway Commission v. GullyMississippi Supreme Court · 1933
- Howard v. WareMississippi Supreme Court · 1941
- Brown Land Commissioners v. FordMississippi Supreme Court · 1916
- Mississippi State Bldg. v. S & S MovingMississippi Supreme Court · 1985
5 more not listed; retrieve them via the Exa API.