Thomas v. State
Idaho Supreme Court
An original proceeding in tbis court for a recommendatory judgment. There is no question but what the judgment of the district court against the trustees of the Albion State Normal school, though invalid, was a judgment against the state of Idaho.
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An original proceeding in tbis court for a recommendatory judgment. There is no question but what the judgment of the district court against the trustees of the Albion State Normal school, though invalid, was a judgment against the state of Idaho. (Board of Public Works v. Gannt, 76 Ya. 455; Alabama Girls’ Industrial School v. Reynolds, 143 Ala. 579, 42 So. 114.) The state cannot be sued in the courts of the state without her consent; as this cannot be done directly, so it cannot be done indirectly by suing, for example, an agent of the state as nominal defendant in an action really involving…
1Opinion of the CourtStewart, J.
J. H. Thomas and D. M. Faris, partners under the firm name and style of Thomas and Faris, made a contract with the board of trustees of the Albion State Normal School for the construction of a dormitory. Upon the completion of said contract a difference arose between the plaintiffs and the board of trustees as to the amount due, and the board of trustees declined t'o pay the amount claimed by plaintiffs. Upon the board of trustees declining to pay *84the amount claimed by plaintiffs, plaintiffs commenced an action in the district court of the third judicial district for the amount claimed to be…
Also in this document: Concurrence.
2Cases cited8 opinions
- White v. Alabama Insane HospitalSupreme Court of Alabama · 1903
- Alabama Girls' Industrial School v. ReynoldsSupreme Court of Alabama · 1904
- Hollister v. StateIdaho Supreme Court · 1903
- Board of Public Works v. GanntSupreme Court of Virginia · 1882
- Bragaw v. GoodingIdaho Supreme Court · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Grant Construction Co. v. BurnsIdaho Supreme Court · 1968
- Wilkinson v. StateUtah Supreme Court · 1913
- Utah Construction Co. v. State Highway CommissionWyoming Supreme Court · 1933
- Pigg v. BrockmanIdaho Supreme Court · 1957
- Chastain's, Inc. v. State Tax CommissionIdaho Supreme Court · 1952
14 more not listed; retrieve them via the Exa API.