Legal Opinion

Kelly's Contested Election

Supreme Court of Pennsylvania

Decided October 11, 1901No. Appeal, No. 114PublishedCited by 17 opinions

Appeal, No. 114, Jan. T., 1899, by John Gibbons, from order of Superior Court, Jan. T., 1900, No. 1, affirming order of Q. S. Lackawanna Co., Dec. T., 1898, No. 380, committing for contempt In re Contested Election of M. J. Kelly to the office of County Treasurer. Appeal from Superior Court. The facts appear by the opinion of the Supreme Court. Error assigned was in affirming the order of the quarter sessions.

1Opinion of the Court

Opinion by

Mb. Justice Dean,

In a contested election case in the quarter sessions over the office of county treasurer of Lackawanna county, the court appointed two examiners, W. R. Lewis and T. J. Dugan, to take testimony.

Gibbons, the appellant, was subpoenaed as a witness before them. He appeared and was sworn, but refused to- answer certain questions which are set forth in the record touching the corrupt use of money by him to influence voters, on the ground that such answer would tend to criminate him. Thereupon the examiners certified the proceedings to the court, with copies of the…

2Cases cited1 opinion

  1. Commonwealth ex rel. Attorney-General v. WalterSupreme Court of Pennsylvania · 1876

3Cited by17 opinions

  1. Commonwealth Ex Rel. Stevens v. MyersSupreme Court of Pennsylvania · 1965
  2. Commonwealth v. SwinehartSupreme Court of Pennsylvania · 1995
  3. In Re Adjudication of Contempt of MyersSuperior Court of Pennsylvania · 1924
  4. Commonwealth v. WolfeSuperior Court of Pennsylvania · 1992
  5. Commonwealth v. KleinSuperior Court of Pennsylvania · 1909

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