Legal Opinion · Dissent

Pfaff v. Bacon

Supreme Court of Pennsylvania

Decided May 3, 1915No. Appeal, No. 272Published

Appeal, No. 272, Jan. T., 1914, by defendant, from decree of Q. S. Philadelphia Co., Nov. Sess., 1913, No. 1, dismissing exceptions to report of examiner, in case of Andrew J. Pfaff, et al., v. William D. Bacon. Petition for leave to contest an election, for the opening of ballot boxes and for a recount of the ballots. Exceptions to report of Preston K. Erdman, Esq., examiner. Before Audenried, J. The opinion of the Supreme Court states the facts.

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Appeal, No. 272, Jan. T., 1914, by defendant, from decree of Q. S. Philadelphia Co., Nov. Sess., 1913, No. 1, dismissing exceptions to report of examiner, in case of Andrew J. Pfaff, et al., v. William D. Bacon. Petition for leave to contest an election, for the opening of ballot boxes and for a recount of the ballots. Exceptions to report of Preston K. Erdman, Esq., examiner. Before Audenried, J. The opinion of the Supreme Court states the facts. The court dismissed the exceptions. William D. Bacon appealed. Error assigned, among others, was the decree of the court.

1Dissent

Dissenting Opinion by

Mr. Justice Mestrezat,

This is a contested election for the office of select councilman for the forty-fourth ward of the city of Philadelphia. William D. Bacon was returned as elected over Philip H. Moore by seven votes. The election was contested and the Court of Quarter Sessions, after a recount of the votes, declared Moore elected by a plurality of thirty-seven votes. The court appointed an examiner, the ballot boxes were opened and the votes recounted, and the conclusion was reached by the learned examiner after a careful and painstaking consideration of the facts and…

2Cases cited3 opinions

  1. Spurrier v. McLennanSupreme Court of Iowa · 1902
  2. Election for Assessor in Newberry TownshipSupreme Court of Pennsylvania · 1898
  3. Dailey's AppealSupreme Court of Pennsylvania · 1911

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