- The same distinction was pointed out in Hagood v. Southern, which was held to be, in effect, a suit against the State, and it was said: A broad line ofMessage 1 of 1 , Mar 1 12:50 PMView Source
The same distinction was pointed out in Hagood v. Southern, which was held to be, in effect, a suit against the State, and it was said: "A broad line of demarcation separates from such cases as the present, in which the decrees require, by affirmative official action on the part of the defendants, the performance of an obligation which belongs to the State in its political capacity, those in which actions at law or suits in equity are maintained against defendants who, while claiming to act as officers of the State, violate and invade the personal and property 17*17 rights of the plaintiffs, under color of authority, unconstitutional and void." 117 U.S. 52, 70. Pennoyer v. McConnaughy, 140 US 1, 16-17 (1891).
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