Britt v. Board of Canvassers
Supreme Court of North Carolina
Appeal by plaintiff from order of Adams, J., at chambers, 27 November, 1916, from BuNcombe. This action was commenced in Buncombe County to procure a writ of mandamus to compel tbe defendant board to certify as the result of the election for Congress on 7 November, 1916, that the plaintiff received 4,037 votes in said county and his opponent 4,325 votes, the plaintiff alleging that this result was ascertained and determined by defendant board on 9 November, 1916. The…
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Appeal by plaintiff from order of Adams, J., at chambers, 27 November, 1916, from BuNcombe. This action was commenced in Buncombe County to procure a writ of mandamus to compel tbe defendant board to certify as the result of the election for Congress on 7 November, 1916, that the plaintiff received 4,037 votes in said county and his opponent 4,325 votes, the plaintiff alleging that this result was ascertained and determined by defendant board on 9 November, 1916. The defendant denied that it ascertained and determined the vote for Congress on 9 November, 1916, and alleged, on the contrary, it…
1Opinion of the CourtAllbw, J.
It is well at the outset to have a clear conception of the question for decision, and of the limitations on the power of this Court.
In the first place, we are not trying the title to the office of Congressman.
This is manifest from the fact that Mr. Weaver, the other contestant for the office, is not a party to this action, and if he was, the Court- would be without jurisdiction, because it is provided in the Constitution of the United States, Art. I, sec. 5, that “Each house (Senate and House of Representatives) shall be the judge of the elections, returns, and qualifications of its own…
2Cases cited5 opinions
- Barnes v. Commissioners.Supreme Court of North Carolina · 1904
- Edgerton v. . KirbySupreme Court of North Carolina · 1911
- Attorney General Ex Rel. Gillaspie v. Justices of Guilford CountySupreme Court of North Carolina · 1844
- Moore v. Moore.Supreme Court of North Carolina · 1902
- Young v. . RollinsSupreme Court of North Carolina · 1884
3Cited by18 opinions
- Young v. MikvaIllinois Supreme Court · 1977
- Burchell v. State Board of Election CommissionersCourt of Appeals of Kentucky (pre-1976) · 1934
- Blackburn v. HallCourt of Appeals of Georgia · 1967
- Jarrell v. . SnowSupreme Court of North Carolina · 1945
- Umstead v. Board of ElectionsSupreme Court of North Carolina · 1926
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