Thompson v. Continental Gin Company

(After stating the above facts.) Notwithstanding that this court held, when the case was here on appeal from the judgment of the superior court overruling the defendant’s demurrer to the petition, that the petition set out a cause of action for the sum sued for, $10,300, and that the action was one against the State and that the State had consented to be sued in such action {Forrester v. Continental Gin Co., supra), the defendant now contends that the decision of the Supreme Court in Eibel v. Forrester, supra, nullified the decision of this court, in so far as a portion of the sum sued for is…