Legal Opinion

Supper v. Stauss

Superior Court of Pennsylvania

Decided May 10, 1909No. Appeal, No. 52PublishedCited by 1 opinion

Appeal, No. 52, Oct. T., 1908, by plaintiff, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1907, No. 4,272, for defendant on case stated in suit of Charles H. Supper v. John Stauss. Case stated in trespass to determine the right of the plaintiff to receive and vote the republican ballot at a primary election.

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Appeal, No. 52, Oct. T., 1908, by plaintiff, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1907, No. 4,272, for defendant on case stated in suit of Charles H. Supper v. John Stauss. Case stated in trespass to determine the right of the plaintiff to receive and vote the republican ballot at a primary election. The case stated concluded as follows: It is agreed that if the court shall be of the opinion on the facts stated that the affidavit which the plaintiff offered to make complied with the requirement of the uniform primaries act and entitled the plaintiff to the ballot of the…

1Opinion of the Court

Opinion by

Orlady, J.,

A case stated was agreed upon in an action of trespass in the court below, to determine the right of the plaintiff to vote at a primary election, held in the forty-seventh election district in the twenty-second ward of the city of Philadelphia. The plaintiff was a duly qualified elector, duly registered as a resident, under the provisions of the constitution and the laws of the commonwealth, and he presented himself at the regular polling place and asked for a ballot of the Republican party, when he was challenged by a qualified elector on the ground that he was a City…

2Cases cited3 opinions

  1. Independence Party NominationSupreme Court of Pennsylvania · 1904
  2. Oughton v. BlackSupreme Court of Pennsylvania · 1905
  3. Commonwealth v. BlankenburgSupreme Court of Pennsylvania · 1907

3Cited by1 opinion

  1. State ex rel. Miller v. FlahertyNorth Dakota Supreme Court · 1912

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