Railroad Company v. Alabama
Supreme Court of the United States
Error to the Supreme Court of the State of Alabama. The Revised Code of Alabama contains the following provisions : — “ Sect. 2534." State may be sued by citizens, or domestic corporations.
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Error to the Supreme Court of the State of Alabama. The Revised Code of Alabama contains the following provisions : — “ Sect. 2534." State may be sued by citizens, or domestic corporations. A citizen of this State, or a domestic corporation, may bring suit against the State of Alabama, in the circuit or chancery court of the county in which he resides, or in which such corporation is located, which must, in all respects, be. governed by the same rules as suits between individuals. “ Sect. 2535. Solicitor of circuit defends for the State. The solicitor of the circuit in which the suit is…
1Opinion of the CourtChief Justice Waite
This case, like that of Railroad Company v. Tennessee (supra, p. 337), presents the question of the constitutionality of a law taking away the right to sue a State on its contracts. The Constitution and laws bearing on the question are much the same in Alabama as in Tennessee; but in Alabama it was provided “that if judgment should be rendered against the State, it was the duty of the comptroller, on the certificate of the clerk of the court, together with that of the judge who tried the cause, that the recovery was just, to issue his warrant for the amount, but no certificate could issue…
2Cited by26 opinions
- Hans v. LouisianaSupreme Court of the United States · 1890
- Lynch v. United StatesSupreme Court of the United States · 1934
- Melvin v. StateCalifornia Supreme Court · 1898
- Dunn Const. Co. v. State Board of AdjustmentSupreme Court of Alabama · 1937
- State ex rel. Hopkins v. GroveSupreme Court of Kansas · 1921
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