Burns's Contested Election

Opinion by

Mr. Justice Drew,

At the general election held November 7, 1933, Daniel Burns was returned elected to the office of mayor of the City of New Kensington. A number of voters of the city filed a petition to contest his election, whereupon the court below set a date for hearing, and ordered that a bond conditioned for the payment of costs be filed by the petitioners within ten days, as required by the Act of May 19, 1874, P. L. 208, as amended by the Act of April 28, 1899, P. L. 118. When the case came on for hearing, respondent moved to dismiss the petition and discharge the rule…