State Highway Commission v. Mason

The State Highway Commission is an administrative agency of the state created by it for the purpose of constructing and maintaining public highways, and it has only such power and authority as the state by a statute has conferred upon it. It is financed entirely by the state and any judgment rendered against it for the payment of money must be paid by the state with money appropriated by the legislature from its treasury for that purpose. This action therefore is in effect one against the state. Paragraph (c) of Section 5006, Code of 1930, permits the Highway Commission to be sued but…