Klinger v. Cartier

The question before us is whether the State may be trusteed for the sum in its hands due a member of the Legislature for his services as such. We believe the answer is yes. It is true “the state cannot be sued in our courts, in the absence of a statute authorizing it, or without its consent, either expressly given or clearly implied ...” Bow v. Plummer, 79 N. H. 23, 24. See also, St. Regis Co. v. Board, 92 N. H. 164, 168, and authorities cited.

The trustee process involved here is actually a suit against the State against which a judgment could be rendered as well as against the principal…