The Constitution of the United States of America: Analysis and Interpretation / Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952

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[23] See for example Governor of Georgia v. Madrazo, 1 Pet. 110 (1828); Cunningham v. Macon and Brunswick R. Co., 109 U.S. 446 (1883); Louisiana ex rel. Elliott v. Jumel, 107 U.S. 711 (1883); Hagood v. Southern, 117 U.S. 52 (1886); Chandler v. Dix, 194 U.S. 590 (1904); Murray v. Wilson Distilling Co., 213 U.S. 151 (1909); Hopkins v. Clemson Agricultural College, 221 U.S. 636 (1911); Lankford v. Platte Iron Works, 235 U.S. 461 (1915); Carolina Glass Co. v. South Carolina, 240 U.S. 305 (1916); Kennecott Copper Corp. v. State Tax Commission, 327 U.S. 573 (1946).

[24] Hagood v. Southern, 117 U.S. 52, 70 (1886). See also Pennoyer v. McConnaughy, 140 U.S. 1, 10 (1891) where Justice Lamar also emphasizes the operation of the judgment against the State itself.

[25] 107 U.S. 711, 721 (1883). See also Christian v. Atlantic & N.C.R. Co., 133 U.S. 233 (1890).

[26] Louisiana ex rel. Elliott v. Jumel, 107 U.S. 711, 721 (1883).

[27] Board of Liquidation v. McComb, 92 U.S. 531, 541 (1876). This was a case involving an injunction, but Justice Bradley regarded mandamus and injunction as correlative to each other in cases where the official unlawfully commits or omits an act. See also Rolston v. Missouri Fund Commissioners, 120 U.S. 390, 411 (1887), where it is held that an injunction would lie to restrain the sale of a railroad on the ground that a suit to compel a State official to do what the law requires of him is not a suit against the State. See also Houston v. Ormes, 252 U.S. 469 (1920).

[28] Board of Liquidation v. McComb, 92 U.S. 531, 541 (1876).

[29] 154 U.S. 362 (1894).

[30] Poindexter v. Greenhow, 114 U.S. 270 (1885); Allen v. Baltimore & O.R. Co., 114 U.S. 311 (1885); Pennoyer v. McConnaughy, 140 U.S. 1 (1891); In re Tyler, 149 U.S. 164 (1893). As stated by Justice Harlan in Fitts v. McGhee, 172 U.S. 516, 529-530 (1899), "There is a wide difference between a suit against individuals, holding official positions under a State, to prevent them, under the sanction of an unconstitutional statute, from committing by some positive act a wrong or trespass, and a suit against officers of a State merely to test the constitutionality of a state statute, in the enforcement of which those officers will act only by formal judicial proceedings in the courts of the State." See also North Carolina v. Temple, 134 U.S. 22 (1890).

[31] See 123 U.S. 443; and 172 U.S. 516.

[32] 154 U.S. 362 (1894).