rests," an "actual controversy," and conclusiveness or
finality of judgment as essential elements of a case.[146]

ADVERSE LITIGANTS

The necessity of adverse litigants with real interests has been stressed
in numerous cases,[147] and has been particularly emphasized in suits to
contest the validity of a federal or State statute. A few illustrations
will suffice to describe the practical operation of these limitations.
In Chicago and Grand Trunk Railroad Co. _v._ Wellman,[148] which
originated in the courts of Michigan on an agreed statement of facts
between friendly parties desiring to contest a rate-making statute, the
Supreme Court ruled there was no case or controversy. In the course of
its opinion, which held that the courts have no "immediate and general
supervision" of the constitutionality of legislative enactments, the
Court said: "Whenever, in pursuance of an honest and actual antagonistic
assertion of rights by one individual against another, there is
presented a question involving the validity of any act of any
legislature, State or Federal, and the decision necessarily rests on the
competency of the legislature to so enact, the court must, in the
exercise of its solemn duties, determine whether the act be
constitutional or not; but such an exercise of power is the ultimate and
supreme function of courts. It is legitimate only in the last resort,
and as a necessity in the determination of real, earnest and vital
controversy between individuals. It never was the thought that, by means
of a friendly suit, a party beaten in the legislature could transfer to
the courts an inquiry as to the constitutionality of the legislative
act."[149]

In applying the rule requiring adverse litigants to present an honest
and actual antagonistic assertion of rights, the Court invalidated an
act of Congress which authorized certain Indians to bring suits against
the United States to test the constitutionality of the Indian allotment
acts, on the ground that such a proceeding was not a case or controversy
in that the United States had no interest adverse to the claimants.[150]
The Court has also held that in contesting the validity of a statute,
the issue must be raised by one adversely affected and not a stranger to
the operation of the statute,[151] and that the interest must be of a
personal as contrasted with an official interest.[152] Hence a county
court cannot contest the validity of a statute in the interest of third