McClenny v. Webb

Applicant complains of a judgment rendered by the district court dismissing his suit contesting the election of his opponent.

Tie was defeated by one vote. He sets up that there were seven illegal votes cast for his opponent, which should not be taken into account, and avers that in that event the majority of his opponent would be reduced, his opponent would be defeated, and he (applicant) elected.

The question of want of jurisdiction ratione materise is the first before us for decision.

The district court had jurisdiction, and there was no ground for sustaining the plea of want of jurisdiction.

T…