Miller v. Wheeler
Nebraska Supreme Court
Original proceedings to contest election of district judges.. The legislature may increase the original jurisdiction of the supreme court unless prohibited by the constitution. (Cooley, Const. Lim., 206.) Hence the law granting jurisdiction herein is valid.
Read the full summary
Original proceedings to contest election of district judges.. The legislature may increase the original jurisdiction of the supreme court unless prohibited by the constitution. (Cooley, Const. Lim., 206.) Hence the law granting jurisdiction herein is valid. (Harris v. Executor, 21 N. J. Eq., 424; Shaw v. Hill, 67 111., 456; JBroadwell v. People, 76 Id., 555; Brown, Jurisdiction, sec. 13; Wells, Jurisdiction, 53; Bell v. Templin, 26 Neb., 249.) A state law is presumably valid in any case, and this presumption is a conclusive one unless in the constitution of the United States, or of the state,…
1Opinion of the Court
Maxwell, Ch. J.
The plaintiff Miller contests the right of Wheeler to the office of judge of the district court of the fifth judicial district. The plaintiff Crawford contests the right of Norris to the office of judge of the eighth district.
In each of these cases a petition has been filed in this court and the proceedings for contest instituted herein. Each of the defendants demur to the petition of contest upon the ground that the court has no authority as a court of original jurisdiction to hear and determine the cases. As the same question is presented in each of the cases they will be…
2Cases cited2 opinions
- Bell v. TemplinNebraska Supreme Court · 1889
- State ex rel. Walters v. OlesonNebraska Supreme Court · 1883
3Cited by10 opinions
- State v. PalmerNebraska Supreme Court · 1986
- State v. MooreNebraska Supreme Court · 1982
- State ex rel. King v. HallNebraska Supreme Court · 1896
- Sorensen v. SwansonNebraska Supreme Court · 1967
- State Ex Rel. Wieland v. MooreNebraska Supreme Court · 1997
5 more not listed; retrieve them via the Exa API.