Eagen v. Smith

Opinion by

Mr. Chief Justice Drew,

The Honorable Michael J. Eagen, appellant, contends that he was lawfully elected a justice of the Supreme Court of Pennsylvania at the general election held November 7, 1950, and brought this proceeding in mandamus to compel the Secretary of the Commonwealth, the Honorable Gene D. Smith, to so certify. The Court of Common Pleas of Dauphin County refused to issue the writ and this appeal was then filed.

The question before us arises because of the untimely deaths of three members of this Court in the first half of 1950 — Mr. Justice Patterson on January 6, Mr.…