Robertson v. H. Weston Lumber Co.

Citations

• 124 Miss. 606
• 87 So. 120

Syllabus

<p>1, Limitation of Actions. Does not run against suit for benefit of township to reaover for timber out; “subdivision”</p> <p>A township is a subdivision of the state within the meaning of section 104 of the state constitution 1890, providing that the ‘‘statutes of limiitation in civil causes shall not run against the state, or any subdivision of municipal corporation thereof,” as under the law such townships were organized for the purposes of administering and using sixteenth section funds belonging to the inhabitants of such townships, and consequently statutes of limitation do not run- against the township in suits instituted to recover the property or funds of the township.</p> <p>2. Courts. Federal court cannot enjoin suit by ptate; injunction against suit by officers in name of state void for want !of jurisdiction; “suit against the state.”</p> <p>The federal courts have no power to enjoin a suit by the state in its sovereign capacity under the JSleventh. Amendment to the Constitution of the United States. The state can only act through officers and agents, and where such officers and agents are authorized by a valid law to institute suits in the name of the state, and such suit is: brought, the suit to enjoin such officers from proceeding with such suits is a suit against the state which is prohibited by the Eleventh Amendment, and a writ of injunction issued in such case is void for want of jurisdiction in the federal court to entertain the suit.</p> <p>3. Judgment. Ngt conclusive against right to sue fof timber after-wards cut, though reciting that, uncut timber was rendered worthless.</p> <p>Where the state, through the revenue agent, brought suit for timber cut unlawfully, and for damages for the timber remaining on the land by reason of the method of cutting, in which judgment was recovered in a gross sum, the judgment reciting that by means of the manner of cutting the value of the uncut, timber was practically destroyed, such judgment is not res judic