Legal Opinion
Wilmington Shipyard, Inc. v. North Carolina State Highway Commission
Court of Appeals of North Carolina
Decided December 17, 1969No. 695SC557PublishedCited by 11 opinions
1Opinion of the CourtBritt, J.
Defendant assigns as error the order overruling defendant’s demurrer to the complaint. The demurrer challenged the jurisdiction of the superior court to adjudicate the matters alleged in the complaint.
In Construction Co. v. Dept. of Administration, 3 N.C. App. 551, 165 S.E. 2d 338, this Court set out some of the basic principles which govern this case: “It is settled as a general rule that the State may not be sued unless by statute it has consented to be sued or has otherwise waived its immunity from suit. Teer Co. v. Highway Commission, 265 N.C. 1, 143 S.E. 2d 247; Ferrell v. Highway…
2Cases cited18 opinions
- Anderson v. John L. Hayes Construction Co.New York Court of Appeals · 1926
- Atlantic Coast Line Railroad v. State Highway CommissionSupreme Court of North Carolina · 1966
- Floyd v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1955
- Essick v. City of LexingtonSupreme Court of North Carolina · 1950
- Nello L. Teer Co. v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1965
13 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Carolina Builders Corp. v. Howard-Veasey Homes, Inc.Court of Appeals of North Carolina · 1985
- RPR & Associates, Inc. v. StateCourt of Appeals of North Carolina · 2000
- Claire W. Anthony v. Franklin County and Willis "Bill" CollinsCourt of Appeals for the Eleventh Circuit · 1986
- Domestic Electric Service, Inc. v. City of Rocky MountCourt of Appeals of North Carolina · 1974
- Estes v. North Carolina State UniversityCourt of Appeals of North Carolina · 1988
6 more not listed; retrieve them via the Exa API.