Marshall v. Dye
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF INDIANA. The facts, which involve the jurisdiction.of this court to review a judgment of the state court at the instance of a public official who has no personal interest in the litigation, are stated in the opinion.
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ERROR TO THE SUPREME COURT OF THE STATE OF INDIANA. The facts, which involve the jurisdiction.of this court to review a judgment of the state court at the instance of a public official who has no personal interest in the litigation, are stated in the opinion. Under Art. 3, § 1, constitution of Indiana of 1851, the judicial department of the government is without power to direct, coerce, or restrain the executive (in which is included the administrative) department of the government; nor may the former exercise any of the functions of the latter. State v. Noble, 118 Indiana, 350; Butler v.…
1Opinion of the CourtJustice Day
The case originated in a complaint filed in the Circuit Court of Marion County, Indiana, by John T. Dye, in which he alleged that he brought the suit for himself and other electors and tax-payers of the State of Indiana, the object of the suit being to enjoin the defendants, Thomas R. Marshall, Governor, Muter M. Bachelder and Charles O. Roemler, jointly composing the State Board of Election Commissioners, and Lew G. Effingham, Secretary of State, from taking the steps required by statute to certify and transmit to the clerks of the several counties in the State a new constitution proposed by…
2Cases cited10 opinions
- Pacific States Telephone & Telegraph Co. v. OregonSupreme Court of the United States · 1912
- Waters-Pierce Oil Co. v. Texas (No. 1)Supreme Court of the United States · 1909
- Clark v. Kansas CitySupreme Court of the United States · 1900
- Equitable Life Assurance Society v. BrownSupreme Court of the United States · 1902
- Richardson v. McChesneySupreme Court of the United States · 1910
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3Cited by59 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- Harisiades v. ShaughnessySupreme Court of the United States · 1951
- Coleman v. MillerSupreme Court of the United States · 1939
- Mountain Timber Company v. State of WashingtonSupreme Court of the United States · 1916
- State Ex Rel. Huddleston v. SawyerOregon Supreme Court · 1997
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