Heiser v. Severy

This Action Is Not a Suit Against the State of Montana.

Counsel for appellants have submitted a lengthy brief citing many cases on the point that a state cannot be sued without its consent. In fact, we believe all the authorities cited in appellants' brief relate only to this general question. All of this argument is beside the point until it can be shown that the state has authorized defendants to do what they assumed to do.

In the case at bar it is alleged that the defendants, in violation of the Constitution of the United States and the Constitution of Montana, and the laws of Montana,…