WABASH RAILROAD CO.
v.
DUNCAN, U. S. DISTRICT JUDGE

U.S. | 1949-01-31
No. 463
336 U.S. 904 Supreme Court of the United States (1949) Positive Treatment
Cited by 2 cases

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  • Hubbard v. Ammerman, 465 F.2d 1169 (5th Cir. 1972)
    …tests over elections to its state and local offices. “The Texas Statutes afford machinery for such a contest as part of their provision for both party nominations and final elections,” Johnson v. Stevenson, 5 Cir., 1948, 170 F. 2d 108, cert. denied 336 U.S. 904, 69 S.Ct. 491, 93 L.Ed. 1069. It is elementary, of course, that United States District Courts have only such jurisdiction as conferred by an Act of Congress under Article III, § 2 of the Constitution. Except for the narrow exception set forth in 28…
  • …or any other person. Moreover, the constitutionally provided judgment of that election resided in the House of Representatives. Article I, Section 5, of the Constitution of the United States; Johnson v. Stevenson, 5 Cir., 170 F. 2d 108, cert. den., 336 U.S. 904, 69 S.Ct. 491, 93 L.Ed. 1069. Apart from these considerations it is significant to observe that while the complaint alleges violations of the Illinois statutes it does not allege that any votes counted were not cast as counted; that plaintiff’s righ…

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