Harrison v. Hadley
U.S. Circuit Court for the District of Eastern Arkansas
[This was a bill in equity by William M. Harrison against Ozro. A. Hadley, acting governor of the state of Arkansas, James M Johnson, secretary of state, Marshall L. Stephenson, Elhanon J. Searle, and John T. Bearden.] The complainant alleges in his bill that at the general election held in this state, on the 5th day of November, 1872, there were, by law, to be voted for and elected two associate justices of the supreme court of the state, and that, at said election, the…
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[This was a bill in equity by William M. Harrison against Ozro. A. Hadley, acting governor of the state of Arkansas, James M Johnson, secretary of state, Marshall L. Stephenson, Elhanon J. Searle, and John T. Bearden.] The complainant alleges in his bill that at the general election held in this state, on the 5th day of November, 1872, there were, by law, to be voted for and elected two associate justices of the supreme court of the state, and that, at said election, the complainant and John T. Bearden were in fact and in truth duly elected to said offices, but that the respondents, acting in…
1Opinion of the Court
CARDWELL, District Judge.
Has the circuit court of the United States jurisdiction of the case made by the bill? This question does not relate to the form of the action merely, but the demurrer challenges the jurisdiction of the court to make any adjudication in any form of action upon the facts stated in the bill. It is not to be disguised that this is in effect a proceeding to contest in a United States court the title to a state office. And if this court has jurisdiction of this case, on the facts stated in the bill, then it has jurisdiction in all cases of contested elections, and that…
2Cited by3 opinions
- United States ex rel. Maxwell v. BarrettU.S. Circuit Court for the District of Northern California · 1905
- Manley v. OlneyU.S. Circuit Court for the District of Western Michigan · 1887
- Pierson v. PhilipsU.S. Circuit Court for the District of Eastern Texas · 1888