Contested Election of Cusick
Lackawanna County Court of Quarter Sessions
No. 306 January Term 1890, Sup. Ct.; court below, No. 12 January Term 1889, Q. S. On December 3, 1888, certain electors of the county of Lackawanna filed in the court below a petition contesting the election of Owen Cusick to the office of clerk of the courts of said county. The petition specified certain election districts, in which, as the contestants averred, fraudulent and illegal votes had been cast for the respondent.
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No. 306 January Term 1890, Sup. Ct.; court below, No. 12 January Term 1889, Q. S. On December 3, 1888, certain electors of the county of Lackawanna filed in the court below a petition contesting the election of Owen Cusick to the office of clerk of the courts of said county. The petition specified certain election districts, in which, as the contestants averred, fraudulent and illegal votes had been cast for the respondent. The respondent answered the petition, denying its allegations, and averring that illegal votes against him had been received and counted in every district in the county.…
1Opinion of the Court
Opinion,
Me. Chief Justice Paxson:
This case involves a number of interesting questions affecting the right of the citizen to vote at elections, the manner in which such right must be exercised, and the constitutionality of several provisions of the act of January 30,1874, P. L. 31, entitled “ A further supplement to the act regulating elections in this commonwealth.”
The rights of the voter are clearly defined by § 1, article VIII. of the constitution, as follows:
“ Every male citizen, twenty-one years of age, possessing the following qualifications, shall be entitled to vote at all elections :
“…
2Cases cited5 opinions
- Page v. AllenSupreme Court of Pennsylvania · 1868
- Bladen v. PhiladelphiaSupreme Court of Pennsylvania · 1869
- Patterson v. BarlowSupreme Court of Pennsylvania · 1869
- Borough of Pottsville v. CurrySupreme Court of Pennsylvania · 1859
- In re Contested Election of McDonoughSupreme Court of Pennsylvania · 1884
3Cited by36 opinions
- Winston v. MooreSupreme Court of Pennsylvania · 1914
- DeWalt v. Bartley, Pennsylvania Court of Common Pleas, Philadelphia County1892
- Commonwealth Ex Rel. Fortney v. WozneySupreme Court of Pennsylvania · 1937
- Fitzmaurice v. WillisNorth Dakota Supreme Court · 1910
- City of Enid v. Champlin Refining Co.Supreme Court of Oklahoma · 1925
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