North Carolina v. Temple
Supreme Court of the United States
APPEAL FROM THE CIRCUIT' COURT OF THE UNITED' STATES FOR THE EASTERN ■ DISTRICT OF NORTH CAROLINA. This suit was commenced in the Circuit Court of the United States for the Eastern District of North Carolina by bill in. equity filed by Alfred H. Temple, a citizen of North Carolina, on behalf of himself and other bondholders in like interest, against the State of North Carolina and William P. Eoberts, the auditor of said state.
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APPEAL FROM THE CIRCUIT' COURT OF THE UNITED' STATES FOR THE EASTERN ■ DISTRICT OF NORTH CAROLINA. This suit was commenced in the Circuit Court of the United States for the Eastern District of North Carolina by bill in. equity filed by Alfred H. Temple, a citizen of North Carolina, on behalf of himself and other bondholders in like interest, against the State of North Carolina and William P. Eoberts, the auditor of said state. The object of the bill was. to compel said state and its officials, including the auditor, to execute and carry into"'effect a certain statute of the State, passed…
1Opinion of the Court
Me. Justige Beadley,
after stating the case as above, delivered the opinion of the court.
We think it perfectly clear that the suit against the auditor in this case was virtually a suit against the State of North Carolina. In this regard it comes within the principle of the cases of Louisiana v. Jumel, 107 U. S. 711; Cunningham v. Macon & Brunswick Railroad Co., 109 U. S. 446; Hagood v. Southern, 117 U. S. 52; and In re Ayers, 123 U. S. 443. We do not think it necessary to consider that question anew. ■
The other point, the suability of the State, is settled by the decision just rendered in Hans…
2Cases cited4 opinions
- In Re AyersSupreme Court of the United States · 1887
- Louisiana v. JumelSupreme Court of the United States · 1883
- Hagood v. SouthernSupreme Court of the United States · 1886
- Cunningham v. MacOn & Brunswick R. Co.Supreme Court of the United States · 1883
3Cited by95 opinions
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
- Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
- Ex Parte State of New York, No. 1Supreme Court of the United States · 1921
- Fitts v. McGheeSupreme Court of the United States · 1899
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