Koch Election Contest Case

Opinion by

Mr. Justice Allen M. Stearns,

The question is whether the candidate receiving a majority of the votes cast at an election should be allowed to appeal nunc pro tunc from an erroneous computation by the county board of elections.

Appellant Koch and appellee Behrig were opposing candidates in the general election of November 2, 1943, for the office of school director of the Borough of Lehighton. Koch received a majority of the votes. This fact was correctly indicated by return sheets posted outside the polling place in the second ward and by return and tally return sheets within the…