Legal Opinion · Dissent

American Labor Party Case

Supreme Court of Pennsylvania

Decided August 31, 1945No. Appeal, 173Published

1Dissent

Dissenting Opinion by

Me. Chief Justice Maxey:

I dissent from tbe majority opinion. I think tbe provision in Section 977 of the Election Code as amended by tbe Act of May 21,1943, P. L. 353, Section 1, 25 P. L. 2937, reading as follows: “A copy of said petition shall, witbin said period, be served on tbe officer or board with whom said nomination petition or paper was filed.” was merely directory in character.

When the Legislature wished to make the provision as to filing objections to nomination papers within seven days after the last day for filing said nomination papers, it used language…

2Cases cited8 opinions

  1. Commonwealth ex rel. Bell v. PowellSupreme Court of Pennsylvania · 1915
  2. Deibert to Use. v. RhodesSupreme Court of Pennsylvania · 1927
  3. Becker v. Lebanon & Myerstown Street Railway Co.Supreme Court of Pennsylvania · 1898
  4. McQuiston's AdoptionSupreme Court of Pennsylvania · 1913
  5. In re Estate of CowanSupreme Court of Pennsylvania · 1898

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