Alabama Industrial School v. Addler
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard lief ore tlie Hon. Charles A. Senn. This suit was instituted to recover $2,500.00 of advance money paid by Adler & Company, through their agent, on a contract entered into in the name of said agent with tlie appellant in this cause, for the purchase from it of certain lands donated to it by Congress.
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Appeal from Birmingham City Court. Heard lief ore tlie Hon. Charles A. Senn. This suit was instituted to recover $2,500.00 of advance money paid by Adler & Company, through their agent, on a contract entered into in the name of said agent with tlie appellant in this cause, for the purchase from it of certain lands donated to it by Congress. There was no objection raised on the trial to the jurisdiction of the court to hear and determine the cause; and, upon issue being joined upon the general issue, a judgment was rendered for the plaintiff below (appellee). After the submission of the…
1Opinion of the CourtDenson, J.
Section 14 of Art. 1 of the Constitution of 1901, which is a literal reproduction of section 15, Art. 1, of the Constitution of 1875, expressly prohibits the "state from being made a party defendant in any court of law or equity.
In the case of The Alabama Girls’ Industrial School v. Reynolds, in MS., we held that an action or suit against the defendant in this case (appellant here) is really and substantially one against the state and that it is exempt under the Constitution from all actions or suits.
Under the influence of the case above cited, the judgment rendered by the lower court against…
2Cases cited2 opinions
- Ex parte StateSupreme Court of Alabama · 1875
- Louisville & Nashville Railroad v. WilliamsSupreme Court of Alabama · 1896
3Cited by26 opinions
- Aland v. GrahamSupreme Court of Alabama · 1971
- Pittsburgh Elevator Co. v. West Virginia Board of RegentsWest Virginia Supreme Court · 1983
- State Docks Commission v. BarnesSupreme Court of Alabama · 1932
- Hutchinson v. Board of Trustees of University of AlabamaSupreme Court of Alabama · 1971
- Curry v. Woodstock Slag CorporationSupreme Court of Alabama · 1942
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