Legal Opinion

Dunmore Borough's Election

Supreme Court of Pennsylvania

Decided March 24, 1919No. Appeal, No. 164PublishedCited by 3 opinions

Appeal, No. 164, Jan. T., 1919, by V. Ameliano, E. E. Myers et al., from order of Q. S. Lackawanna Co., Dec. T., 1917, No. 234, dismissing petition and quashing proceedings In re Contested Election in the Fifth Ward of the Borough of Dunmore. Petition to contest the election of James O’Hara to the office of councilman of the Fifth Ward of the Borough of Dunmore.

Read the full summary

Appeal, No. 164, Jan. T., 1919, by V. Ameliano, E. E. Myers et al., from order of Q. S. Lackawanna Co., Dec. T., 1917, No. 234, dismissing petition and quashing proceedings In re Contested Election in the Fifth Ward of the Borough of Dunmore. Petition to contest the election of James O’Hara to the office of councilman of the Fifth Ward of the Borough of Dunmore. The petition was filed on December 5, 1917. On December 29, 1917, a rule was granted to dismiss the petition on the ground that it was not signed by twenty-five qualified electors, and that the affidavit was not sworn to by five…

1Opinion of the Court

Per Curiam,

This appeal is dismissed, at the costs of the appellants, on the following from the opinion of the learned president judge of the court below refusing to allow their petition to be amended and quashing the proceeding: “Whatever has been said by our appellate courts as to the liberality with which amendments should be allowed in contested election cases, it must be understood that amendments which affect the jurisdiction of the court cannot be allowed after the expiration of the statutory period of thirty days.”

Appeal dismissed.

2Cited by3 opinions

  1. Ewing v. HarriesUtah Supreme Court · 1926
  2. Bayuk v. Bucks County Board of Elections, Pennsylvania Court of Common Pleas, Bucks County1977
  3. In re Philadelphia Democratic Mayoralty Primary Election Contest, Pennsylvania Court of Common Pleas, Philadelphia County1979

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API