In re Contested Election of O'Neil
Supreme Court of Pennsylvania
October 4th 1881. Before Mercur, Gordon, Paxson, Trunkey, Sterrett, and Green, JJ. Sharswood, C. J., absent. Certiorari to the Court of Common Pleas No. 2, of Allegheny county: Of October and November Term 1881, No. 185. This was an appeal and certiorari of the county of Allegheny from the decree of said court imposing upon i^lie county the costs of the contested election of John O’Neil, as a member of the house of representatives for the third legislative district of said…
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October 4th 1881. Before Mercur, Gordon, Paxson, Trunkey, Sterrett, and Green, JJ. Sharswood, C. J., absent. Certiorari to the Court of Common Pleas No. 2, of Allegheny county: Of October and November Term 1881, No. 185. This was an appeal and certiorari of the county of Allegheny from the decree of said court imposing upon i^lie county the costs of the contested election of John O’Neil, as a member of the house of representatives for the third legislative district of said county, comprising the fifth, ninth, tenth and twelfth wards of the city of Pittsburgh. After hearing, upon petition,…
1Opinion of the CourtJustice Mercur
The court found and adjudged O’Neil to be duly elected a member of the bouse of representatives in the third legislative district of the county of Allegheny. It further ordered the county to pay the costs of the proceeding. The power of the court to so impose the costs is questioned by the county, and presents the only contention in the case.
It is'argued, inasmuch as O’Neil was elected-in a district composed of four wards of the county, those wards only, and not the whole county, are legally chargeable with the costs. There is some plausibility in this view; but it cannot bear the test of a…
2Cited by1 opinion
- Thirty-eighth Ward ElectionSuperior Court of Pennsylvania · 1908