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LOVE V. GRIFFITH, 266 U. S. 32 (1924)

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U.S. Supreme Court

Love v. Griffith, 266 U.S. 32 (1924)

Love v. Griffith

No. 12

Argued October 6, 1924

Decided October 20, 1924

266 U.S. 32


1. A party who plainly asserted a federal right in a state trial court and whose appeal from an adverse judgment was dismissed by a higher state tribunal upon the ground that the case, after judgment, had become moot, is entitled to the judgment of this Court on whether such dismissal in effect denied, or failed duly to recognize, the right asserted, and local rules as to the extent of review will not necessarily determine the decision here. P. 266 U. S. 33.

2. Where plaintiffs, as qualified electors, unsuccessfully sought to enjoin, as violative of the Constitution, the enforcement of a rule made by a City Democratic Executive Committee that negroes should not be allowed to vote at a particular Democratic primary election, their bill praying no other relief, and, months later, their appeal to a higher state tribunal was dismissed upon the ground that, the election having been held, the cause of action had ceased to exist and that the appeal would not be entertained on the question of costs alone, held, that the dismissal did not violate their constitutional rights. P. 266 U. S. 34.

236 S.W. 239 affirmed.

Error to a judgment of the Court of Civil Appeals of Texas which dismissed an appeal from a judgment dismissing a bill for an injunction. chanroblesvirtualawlibrary

Page 266 U. S. 33

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