Prudential Insurance Co. of America v. Powell

Tbis appeal presents for determination tbe one question : Is tbe Unemployment Compensation Commission an agency of tbe State and is tbis proceeding in fact a proceeding against tbe State?

Tbe determination of tbis question is not affected by tbe fact that individual officers of tbe Unemployment Compensation Commission are made parties defendant. Their acts in respect to wbicb tbe plaintiff complains were performed and are being performed in their official capacity. If tbe Unemployment Compensation Commission is a State agency, then in essence tbe proceeding is against tbe State. 16 Am. Jur.,…