Legal Opinion

Fry's Election Case

Supreme Court of Pennsylvania

Decided July 3, 1872PublishedCited by 37 opinions

Certiorari to the Court of Quarter Sessions of LeMgh county: No. 86, to January Term 1871. This case was argued at Harrisburg May 13th 1872. The proceedings in this case were commenced by the petition of citizens of the Second Ward in the city of Allentown, contesting the election of certain persons returned as elected members of the common council of that city.

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Certiorari to the Court of Quarter Sessions of LeMgh county: No. 86, to January Term 1871. This case was argued at Harrisburg May 13th 1872. The proceedings in this case were commenced by the petition of citizens of the Second Ward in the city of Allentown, contesting the election of certain persons returned as elected members of the common council of that city. The parties afterwards agreed on the following ease stated:— It is admitted that at the municipal election in the Second Ward of the city of Allentown, held October 11th 1870, George B. Both received 223 votes for the office of common…

1Opinion of the Court

The opinion of the court was delivered, by

Agnew, J.

This cause comes before us upon a case stated, to determine whether certain students at Muhlenberg College in the Second Ward of the city of Allentown, who voted at a municipal election held in that ward on the 11th of October 1870, were legal voters. The question turns wholly upon their residence, the students being otherwise duly qualified voters. The case states— “ that they claimed that their residence was in said college, where they have lived from one to three years ; that they came to Allentown from other counties, for no other purpose…

2Cases cited3 opinions

  1. Case of Miller's EstateSupreme Court of Pennsylvania · 1832
  2. White v. BrownU.S. Circuit Court for the District of Eastern Pennsylvania · 1848
  3. Lyle v. ForemanSupreme Court of the United States · 1789

3Cited by37 opinions

  1. Dorrance's EstateSupreme Court of Pennsylvania · 1932
  2. Lesker CaseSupreme Court of Pennsylvania · 1954
  3. United States v. CianciulliDistrict Court, E.D. Pennsylvania · 1979
  4. Stabile Registration CaseSupreme Court of Pennsylvania · 1944
  5. Commonwealth Ex Rel. Fortney v. BobrofskieSupreme Court of Pennsylvania · 1937

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