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STEWART v. GRAHAM

No. 8410SC435.

325 S.E.2d 53 (1985)

Marshall STEWART, III and Evelyn Stewart v. James Allen GRAHAM, Commissioner, North Carolina Department of Agriculture; William G. Parham, Deputy Commissioner, North Carolina Department of Agriculture; Alex M. Lewis, Controller, North Carolina Department of Agriculture; Samuel G. Rand, Manager, North Carolina State Fair; Jane Smith Patterson, Secretary, North Carolina Department of Administration; Charles E. Grady, Director, State Property Officer, North Carolina Department of Administration.

Court of Appeals of North Carolina.

February 5, 1985.

Attorney(s) appearing for the Case

Purser, Cheshire, Manning & Parker by Thomas C. Manning, Raleigh, for plaintiffs-appellants.

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. T. Buie Costen and Deputy Atty. Gen. Millard R. Rich, Jr., Raleigh, for defendants-appellees.

WHICHARD, Judge.

All parties agree that the issue determined by the trial court and hence reviewable on appeal is whether the trial court's jurisdiction over the subject matter of the controversy is defeated by the doctrine of sovereign immunity. Under that doctrine, the State cannot be sued without its consent. Smith v. State, 289 N.C. 303, 309, 222 S.E.2d 412, 417 (1976).

Consent...

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