North Carolina v. Temple

Supreme Court

North Carolina v. Temple

134 U.S. 22, 10 S. Ct. 509, 33 L. Ed. 849, 1890 U.S. LEXIS 1944

CourtSupreme Court of the United States

DecidedMarch 3, 1890

Docket392

StatusPublished

Cited by94 cases

This text of 134 U.S. 22 (North Carolina v. Temple) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

North Carolina v. Temple, 134 U.S. 22, 10 S. Ct. 509, 33 L. Ed. 849, 1890 U.S. LEXIS 1944 (1890).

Pincite

Opinions

Me. Justige Beadley,

after stating the case as above, delivered the opinion of the court.

We think it perfectly clear that the suit against the auditor in this case was virtually a suit against the State of North Carolina. In this regard it comes within the principle of the cases of Louisiana v. Jumel, 107 U. S. 711; Cunningham v. Macon & Brunswick Railroad Co., 109 U. S. 446; Hagood v. Southern, 117 U. S. 52; and In re Ayers, 123 U. S. 443. We do not think it necessary to consider that question anew. ■

The other point, the suability of the State, is settled by the decision just rendered in Hans v. The State of Louisiana, ante, 1.

To the question on which the judges of the Circuit Court were opposed in opinion, our answer is in the negative, namely, that the suit could not be maintained' in the Circuit Court against the State of North Carolina by the plaintiff, a citizen thereof.

The decree of the Circuit Court is

Reversed and the cause rema/nded with instructions to dis- " miss 'the Mil of corrvplaAnt.

Free access — add to your briefcase to read the full text and ask questions with AI