People v. Miles
California Supreme Court
Appeal from a judgment, and order denying a new trial, in the Sixth District Court, Sacramento County. Denson, J. The action was brought against Miles as principal, and the other defendants as sureties, upon a bond executed by them for the faithful performance of a contract to build the branch State prison at Folsom. The complaint alleged a breach of the contract.
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Appeal from a judgment, and order denying a new trial, in the Sixth District Court, Sacramento County. Denson, J. The action was brought against Miles as principal, and the other defendants as sureties, upon a bond executed by them for the faithful performance of a contract to build the branch State prison at Folsom. The complaint alleged a breach of the contract. The answer sets up a counter-claim for certain extra work, and judgment was entered against the plaintiff for the amount of said counter-claim.
1Opinion of the Court
McKinstry, J.:
We are confronted by a transcript 1221 folios long, consisting, in great part, of the short-hand reporter’s notes in full, etc.
The Court below rendered judgment in favor of the defendant Holmes against the plaintiff. It would seem to be hardly necessary to cite authorities to the proposition, that a State cannot be sued in her own State, directly nor indirectly, as by setting up a counter-claim or set-off; nor can any judgment be *402recovered against the State, except when the same is permitted by express statute. (Raymond v. State 54 Miss. 562; Chevallier v. State, 10 Tex. 315;…
2Cases cited3 opinions
- United States v. EckfordSupreme Court of the United States · 1868
- Raymond v. StateMississippi Supreme Court · 1877
- Chevallier's Adm'r v. StateTexas Supreme Court · 1853
3Cited by23 opinions
- State v. Royal Consolidated Mining Co.California Supreme Court · 1921
- Gray v. WalkerCalifornia Supreme Court · 1910
- Hollister v. StateIdaho Supreme Court · 1903
- Sawyer v. ColganCalifornia Supreme Court · 1894
- People Ex Rel. Department of Parks & Recreation v. West-A-Rama, Inc.California Court of Appeal · 1973
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