In re Contested Election of Flynn
Supreme Court of Pennsylvania
Appeal, No. 244, Jan. T., 1896, by John J. Flynn, from order of Q. S., Lackawanna Co., April T., 1894, No. 145, in an election contest. Election contest between Edward J. Burke and John J. Flynn to determine who was elected to tlie office of councilman for the third ward of the borough of Olyphant.
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Appeal, No. 244, Jan. T., 1896, by John J. Flynn, from order of Q. S., Lackawanna Co., April T., 1894, No. 145, in an election contest. Election contest between Edward J. Burke and John J. Flynn to determine who was elected to tlie office of councilman for the third ward of the borough of Olyphant. Before Arch-bald, P. J. The record showed that there were three votes in dispute, and that these were in the following form: The court below decided that the three votes in dispute were cast for Edward J. Burke. Error assigned was order declaring the election of Edward J. Burke.
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The specifications of error raise but one question and that is, whether the.ballots mentioned in them should have been rejected as illegal and void, because they were not marked in accordance with the 14th and 22d sections of the Act of June 10,1893, P. L. 425 and 430. It is conceded that the ballots were not so marked as “ to meet the exact requirements of the law,” but the learned court below, believing that the marking was intended as a compliance with it, held that they were valid. So much of the act of 1893 as is applicable to this case will be found in…
2Cases cited2 opinions
- Little Beaver Township School Directors' ElectionSupreme Court of Pennsylvania · 1895
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