Carolina Glass Co. v. South Carolina

Citations

• 240 U.S. 305
• 36 S. Ct. 293
• 60 L. Ed. 658
• 1916 U.S. LEXIS 1452

Syllabus

<p>A glass manufacturing company, which had! furnished supplies to the State and various coúnty dispensaries of South Carolina, presented, - pursuant to statuté providing therefor, its claim for balance due to > the State Dispensary Commission appointed' to close up the business and which found that the glass company had been overpaid on previous settlements an amount exceeding its claim; and, after allowing the claim, found the' glass company was indebted to the State for a specified amount, and entered, an overjudgment therefor which the State attempted to collect; the glass company appealed to the state Supreme Court, and also instituted ■ independent proceedings in the state and Federal courts to restrain the members of the Com-</p> <p>• mission from enforcing the overjudgment or from withdrawing funds from the county dispensaries' and to recover sums so withdrawn against the individual members of the Commission. From the adverse judgment of the District Court, writs of error were taken from this court and also from the Circuit Court of Appeals. All the cases .were considered, together by this court, and held that;</p> <p>The.State Dispensary Commission had jurisdiction to. consider, find and offset claims of the State against one claiming for supplies furnished to the dispensaries; and, even though it had no power to render an overjudgment, .it did not deprive the claimant of its property without due process of law by making such offset..</p> <p>The state court did not err in.holding that although the over-judgment was rendered without authority by the Commission, that fact did not affect the power of the Commission to withdraw funds from the county, dispensaries as they were state funds and .subject to its control.</p> <p>The glass company, as creditor of the State, could not assert rights against the withdrawal by state officers of funds of the State under their control in regard to which the State had not consented to be sued; and the withdrawal in this case