State Ex Rel. Alexander v. Pharr
Supreme Court of North Carolina
Civil actioN, transferred by the clerk of MecKLenbueg to Harding, J., as upon demurrer. This is an action of quo warranto.
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Civil actioN, transferred by the clerk of MecKLenbueg to Harding, J., as upon demurrer. This is an action of quo warranto. The plaintiff states the ease in her brief as follows: “This is a civil action of quo warranto, instituted by Julia M. Alexander, by leave of the Attorney General of North Carolina, under secs. 821 and 828, Revisal 1905 (secs. 473 and 474, Consolidated Statutes), and brought by the plaintiff to test the validity of the title of the defendant, Edgar ~W. Pharr, to the office of member of the House of Representatives of General Assembly of North Carolina, and to inquire into…
1Per curiam
This Court is without jurisdiction, because the action is to try the title to a seat in the General Assembly of North Carolina, and the Constitution of the State (Art. II, sec. 22) provides “Each House (of the General Assembly) shall be judge of the qualifications and elections of its own members,” thereby withdrawing the inquiry from the consideration of the courts.
This is the construction given to a similar section of the Constitution of the United States in Britt v. Board of Canvassers, 172 N. C., 797.
Affirmed.
Clare, C. J., did not sit.
2Cases cited1 opinion
- Britt v. Board of CanvassersSupreme Court of North Carolina · 1916
3Cited by8 opinions
- Britt v. . Board of CanvassersSupreme Court of North Carolina · 1916
- Lessard v. SnellOregon Supreme Court · 1937
- State Ex Rel. Bouldin v. DavisSupreme Court of North Carolina · 1929
- Anderson v. Blackwell, SEC. of StateSupreme Court of South Carolina · 1933
- Daniel v. BoundSupreme Court of Oklahoma · 1938
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