Legal Opinion

Hayes's Election

Supreme Court of Pennsylvania

Decided March 19, 1906No. Appeal, No. 255Published

Appeal, No. 255, Jan. T., 1905, from decree of Q. S. Lackawanna Co., April Sess. 1903, No. 283, in the Matter of the Election of'John Hayes, to the office of Burgess of Old Forge. Appeal from decree imposing costs on the petitioners in a contested election case. The case is stated in the opinion of the Supreme Court.

1Opinion of the Court

Per Curiam,

This case being an appeal from the judgment of the quarter sessions should have gone to the Superior Court. The language of the act of 1895 conferring jurisdiction on the Superior Court includes “ all proceedings of any kind in the court of quarter sessions .... except cases involving the right to a public office.” The present controversy does not involve any question of title to public office but only a matter of liability for costs in a contested election.

Appellants were no doubt misled by the case of Thomas’s Election, 198 Pa. 546, where this court entertained an appeal on what…

2Cases cited1 opinion

  1. Thomas's ElectionSupreme Court of Pennsylvania · 1901

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