A Treatise On the Law of Res Judicata: Including the Doctrines of ...
A Treatise On the Law of Res Judicata: Including the Doctrines of ...
Hukm Chand
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DeoTas. •• Qreene Ev parU, S0 Ala. 62. •• R'Jse V. Governor, S4 T-TC 498. vo Ohi«-a^R. Oo. « State. » vvis.009. VI De Saonniie t Ghiillazd, 187 U. 8. Sl«. *« Bledfloe r. State, 64 N. Car. 98i. Baymondv. State, S8N. Oar. 141 Olements v. State, 77 N. Car. 14S. \ Digitized by Google 372y IMMUNITY UK ttXATii I^MQM aU&lbQiOVlOM OF IT8 GOOBTIi. [9, U^79« p^rt rejected, ao claim thnt h^ii uot tfeen so presented and rejected can be sued fpr/"" It has also been held that the consent merely of an officer... of the State, the attorney -general, for instance, by appearing and answering in the name of the state, does not bind it by the judgment or decree which may be the result of the suit.'* The sovereign authority alone can authorize such suits,'* and in the United States even a con- stitutioni^l provision that suit ipay be brought ^gain^t the State in such manner as the legislature thereof may direct do^s not compel the legislature to act; and until a sts^tute h^s been passed agreeably to such provision, the State retains it$ imn^unity from suit/* It also appears to be held that a State may at any time withdraw its consent, and the withdrawal when made has the elfect even of abating the suits pending at the time/' In the United States such withdrawal has been held valid in the face of the prohibition of the Federal Constitution against the impairment of the obligation of contracts/' In Antony V.
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