Knight v. Shelton
U.S. Circuit Court for the District of Eastern Arkansas
At Law. On demurrer to complaint. The plaintiff in this action elaims $2,500 damages from the defendants, who, as judges of the election of the Fourth Ward of the city of Little Rock, county of Pulaski, state of Arkansas, held on November 8, 1904, for the election of a member of the House of Representatives of the United States, refused to permit him to cast his vote for such member of Congress.
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At Law. On demurrer to complaint. The plaintiff in this action elaims $2,500 damages from the defendants, who, as judges of the election of the Fourth Ward of the city of Little Rock, county of Pulaski, state of Arkansas, held on November 8, 1904, for the election of a member of the House of Representatives of the United States, refused to permit him to cast his vote for such member of Congress. The complaint alleges that the plaintiff is a native-born citizen of the United States, having been born in the state of Wisconsin; that he is 36 years of age, and on said day of election was a…
1Opinion of the CourtTriebrr, District Judge
(after stating the facts). The first question to be determined by the court is that of jurisdiction. As there is no diversity of citizenship between the parties, all of whom are citizens •of the state of Arkansas, the jurisdiction of this court must be maintained upon the ground that the plaintiff’s cause of action is one arising *426under the Constitution or laws of the United-States. Whatever doubts-may have been entertained on that question at one time have been removed by the later decisions of the Supreme Court of the United States, and it must now be conceded as a settled rule of law “that…
2Cases cited40 opinions
- Ex Parte YarbroughSupreme Court of the United States · 1884
- Luther v. BordenSupreme Court of the United States · 1849
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- Home Ins. Co. v. MorseSupreme Court of the United States · 1874
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3Cited by14 opinions
- McConaughy v. Secretary of StateSupreme Court of Minnesota · 1909
- Rice v. PalmerSupreme Court of Arkansas · 1906
- Ballard County Bank's Assignee v. U. S. Fidelity & Guaranty Co.Court of Appeals of Kentucky · 1912
- Derryberry v. State Board of Election Com'rsTennessee Supreme Court · 1924
- Wilson v. Wasco CountyOregon Supreme Court · 1917
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