Wylie's Appeal
Supreme Court of Pennsylvania
Appeal, No. 305, Jan. T., 1912, by A. D. Wylie and G. W. Gilbert, et al., petitioners, from judgment of Q. S. Lackawanna Co., Dec. Sessions, 1911, No. 207, quashing petitions in re contested election of the Fifth Ward of the City of Carbon-dale, Etc., office of Poor Director. Petition for contest of an election.
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Appeal, No. 305, Jan. T., 1912, by A. D. Wylie and G. W. Gilbert, et al., petitioners, from judgment of Q. S. Lackawanna Co., Dec. Sessions, 1911, No. 207, quashing petitions in re contested election of the Fifth Ward of the City of Carbon-dale, Etc., office of Poor Director. Petition for contest of an election. Before New-comb, J. At the election on November 7, 1911, in the Fifth Ward of the City of Carbondale there were two candidates for the office of poor'director in said ward, namely, Patrick Flannelly and Fred Sluman. On the face of the returns Patrick Flannelly was elected. After the…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
Only one question need be considered in the present case. Was it necessary for petitioners to aver in their petition as a jurisdictional fact that they voted at the election for the particular office contested, or were they only required to aver that they voted at the general election out of which the controversy grows? Section 18 of the Act of May 19, 1874, P. L. 208, 211, provides the method of instituting an election contest. It shall be by petition made and filed in the proper court within thirty days after the election. The petition shall concisely set forth…
2Cases cited1 opinion
- Moock v. ConradSupreme Court of Pennsylvania · 1893
3Cited by4 opinions
- Plains Township Election ReturnsSupreme Court of Pennsylvania · 1924
- Snodgrass's CaseSupreme Court of Pennsylvania · 1920
- Wilkes-Barre Election ContestSupreme Court of Pennsylvania · 1960
- Second Legislative District Election Contest, Pennsylvania Court of Common Pleas, Luzerne County1955