Trustees of the State Normal School v. Wightman

The defendant in error, E. Russell Wightman, re covered judgment for $1,333.33 against the plaintiff in error, the trustees of the state normal. school, for services as head of the department of physics in the state normal school at Gunnison, Colorado, better known as the western state college. The trustees claim that they owe Wightman nothing, and ask that the judgment be reversed.

1. At the outset the trustees contend that this action is against the state in its governmental capacity, and that the state has not consented to be sued. By §8164 of C. L. ’21 the plaintiff in error (which is a…