State Ex Rel. Alexander v. Pharr

Supreme Court of North Carolina

State Ex Rel. Alexander v. Pharr

103 S.E. 8, 179 N.C. 699, 1920 N.C. LEXIS 330

Supreme Court of North Carolina·Decided May 5, 1920·Published·Cited by 8 cases

Opinion

Per 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.

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Per 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.

State Ex Rel. Alexander v. Pharr, 103 S.E. 8, 179 N.C. 699, 1920 N.C. LEXIS 330 (N.C. 1920).

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