Musgrove v. Georgia Railroad & Banking Co.

Bell, Justice.

The parties will be generally referred to herein as plaintiff and defendant, as they appeared in the trial court.

The third ground of the general demurrer filed by the original defendant, then State Revenue Commissioner, and adopted by his successor, who was substituted as a party defendant, asserted that the suit “is in reality an action against the State of Georgia, and the State of Georgia has not consented to be made a party to this action or for the action to proceed against it.” The defendant urges the same contention (among others) in this court, having excepted to the…