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Political Law

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Question:

When the purpose of the suit is to COMPEL an OFFICER CHARGED with the duty of making payments pursuant to an APPROPRIATION made by law in favor of the plaintiff to make such payment. SUIT AGAINST THE STATE?

Author: Zaira Bldvs



Answer:

NOT A SUIT AGAINST THE STATE. For in this case, the suit is not really against the State, the State having acknowledged its liability to the plaintiff through the enactment of an appropriation law. Rather, the suit is intended to compel performance of a ministerial duty


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