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NORTH CAROLINA v. TEMPLE

No. 392.

134 U.S. 22 (1890)

NORTH CAROLINA v. TEMPLE.

Supreme Court of United States.

Decided March 3, 1890.

Attorney(s) appearing for the Case

Mr. R.H. Battle and Mr. John W. Graham for appellants. Mr. T.F. Davidson, Attorney General of the State of North Carolina, and Mr. Thomas Ruffin were with them on the brief.

Mr. S.F. Phillips for appellee.

Mr. Edward L. Andrews also argued for appellee.

MR. JUSTICE BRADLEY, 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.,

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