Peterson v. Sears
| Decision Date | 02 December 1964 |
| Docket Number | Civ. No. 64-C-523-EC. |
| Citation | 238 F. Supp. 12 |
| Parties | Stephen M. PETERSON, Plaintiff, v. Richard SEARS et al., Defendants. |
| Court | U.S. District Court — Northern District of Iowa |
Leo Ballard, Des Moines, Iowa, for plaintiff Stephen M. Peterson.
Robert A. Maddocks, Wright County Atty., Clarion, Iowa, for defendant Ethel C. West, Auditor for Wright County.
William C. Ball, Atty., Waterloo, Iowa, for defendant Richard Sears, Auditor of Black Hawk County.
This matter is before the court on plaintiff's Complaint filed November 27, 1964, for a "temporary injunction", seeking to enjoin certain county auditors in the Third Congressional District of Iowa from unlocking the voting machines used in their respective counties in connection with the general election held November 3, 1964. The court, with plaintiff's concurrence, treated the Complaint as seeking a temporary restraining order or preliminary injunction under Rule 65, F.R.Civ.P. Hearing on the Application for a temporary restraining order or preliminary injunction was held in this court on December 2, 1964, four days' notice thereof having been served on defendants. Written appearances were entered for defendants Richard Sears, Auditor of Black Hawk County, and Ethel C. West, Auditor of Wright County, the latter filing resistance to the granting of an injunction for lack of jurisdiction and other grounds. At the hearing, only counsel for the plaintiff was present. Neither defendants nor their counsel were in attendance. Counsel for plaintiff offered no evidence but made argument and the matter was submitted.
In his Complaint, plaintiff alleges that he is a resident of Black Hawk County, Iowa, and was the Democratic candidate for the office of Congressman from the Third District of Iowa in the general election held November 3, 1964; that "a preliminary county-by-county canvass" indicated that his opponent, H. R. Gross, was the successful candidate by approximately 400 votes; that it is plaintiff's intention to contest his opponent's election; that Section 52.22, Iowa Code Annotated 1962 provides that voting machines shall remain locked until thirty days after the proclamation of the results of the election; that the result of the election in question will not be officially known until the State Canvass Board completes its canvass and declares whom is elected, which generally occurs on or about December 10 to 15, following the November election, all in compliance with Chapter 50, Iowa Code Annotated 1962; that one foundation for a successful election contest is unviolated ballots and voting records; that the voting machines may be opened or unlocked violating the voting machine records prior to the determination of the winner by the State Canvass Board which is a condition precedent to an election contest for a congressional seat; that, therefore, unless defendants are enjoined, plaintiff will be irreparably injured and has no adequate remedy of law.
The threshold of inquiry in every federal case is whether the court has jurisdiction. National Farmers Union Property and Casualty Co. v. Fisher, 284 F.2d 421 (8 Cir.1960); Employers Casualty Co. v. Kline Oldsmobile, Inc., 210 F.Supp. 269 (D.Minn. 1962). Lack of jurisdiction of the subject matter of litigation cannot be waived by the parties or ignored by the court and, if jurisdiction is lacking, the trial court should, on its own motion, decline to proceed in the case. Kern v. Standard Oil Co., 228 F.2d 699 (8 Cir. 1956); United States v. Corrick, 298 U.S. 435, 56 S.Ct. 829, 80 L.Ed. 1263 (1936). A plaintiff seeking to invoke the jurisdiction of the court must prove his entitlement to it. McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 56 S.Ct. 780, 80 L.Ed. 1135 (1936); Employers Casualty Co. v. Kline Oldsmobile, Inc., supra. The jurisdiction of the federal courts is dependent upon the subject matter of the action or the status of the parties. It is not dependent upon the merits of the case. Geneva Furniture Mfg. Co. v. S....
To continue reading
Request your trial
-
LAKE LANSING SP. A. PROT. ASS'N v. INGHAM CTY., ETC.
...it already has jurisdiction. Plaintiff has not cited, to this Court, any authority to refute the principal stated in Peterson v. Sears, 238 F.Supp. 12 (N.D.Iowa 1964) where the court The district courts of the United States derive their jurisdiction wholly from the authority conferred upon ......
-
Powell v. McCormack
...rights on account of race, color or servitude. For other dismissals based on lack of a jurisdictional statute see Peterson v. Sears, 238 F.Supp. 12 (N.D.Iowa 1964) (suit to enjoin voting officials from unlocking voting machines after congressional election); Keogh v. Horner, 8 F.Supp. 933 (......
-
Hartke v. Roudebush, IP 70-C-694.
...ex rel. Wettengel v. Zimmerman, 1946, 249 Wis. 237, 24 N.W.2d 504; Keogh v. Horner, 1934, S.D.Ill., 8 F.Supp. 933; Peterson v. Sears, et al., 1964, N.D.Iowa, 238 F. Supp. 12. An equally strong body of authority supports the same rule with regard to the lack of jurisdiction in the courts to ......
-
Blackburn v. Hall, 42585
...1005. Federal courts have disclaimed jurisdiction in this area. See Application of James, (D.C., N.Y.) 241 F.Supp. 858; Peterson v. Sears, (D.C., Iowa) 238 F.Supp. 12. But in none of these cases was the question dealt with in relation to a state election law providing for a recount, as here......