State v. Woodruff

I am of the opinion that the suit should be dismissed entirely as to the state, because the state was not at the time the suit was instituted, and is not now, subject to suit on a demand for the payment of which the legislature had not made an appropriation. It is true that this court, in a former opinion, State v. Woodruff, 83 Miss. 111, 36 So. 79, 37 So. 706, held that the state was a proper party to this suit. But as this court is an intermediate appellate court, on the question raised in this case, the decision does not constitute the law of the case, and we are not bound by it, and it…