Florida State Hospital for the Insane v. Durham Iron Co.

Jenkins, Justice.

1. A sovereign State can not be sued in one of its courts except by consent of the proper authorities; and where the State is in possession of property, “it is not in the power of the judiciary to oust her” without her consent. Printup v. Cherokee R. Co., 45 Ga. 365, 367; U. S. v. Lee, 106 U. S. 196, 204-209 (1 Sup. Ct. 240, 27 L. ed. 171); note in 12 Am. D. 517. Without a court of claims or a petition of right, as in England, “whoever contracts with the State trusts to the good faith of the State, unless the State sees fit to disrobe itself of its sovereignty,” and by…