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BALTZER V. NORTH CAROLINA, 161 U. S. 240 (1896)

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U.S. Supreme Court

Baltzer v. North Carolina, 161 U.S. 240 (1896)

Baltzer v. North Carolina

No. 98

Argued February 3-4, 1896

Decided March 2, 1896

161 U.S. 240


The decision of the Supreme Court of North Carolina, made in an action to recover on bonds issued by the state in 1868, that the Constitution of 1868 (in force when the bonds were issued), giving the Supreme Court of the state jurisdiction to hear claims against the state, but providing that its decision should be merely recommendatory, to be reported to the legislature for its action, had been repealed by an amendment to the constitution made in 1879 which forbade the general assembly to assume or provide for the payment of debts incurred by authority of the convention of 1868, or by the legislature that year or in two sessions thereafter unless ratified by the people at an election held for that purpose, and that the court was without jurisdiction to render judgment of recommendation on a claim against the state whose validity was thus denied by the state constitution, did not in any way impair the obligation of contracts entered into by the state when the Constitution of 1868 was in force.

The case is stated in the opinion. chanroblesvirtualawlibrary

Page 161 U. S. 241

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