Legal Opinion

Braddock Borough Election Case

Supreme Court of Pennsylvania

Decided October 21, 1915No. Appeals, Nos. 19 and 20PublishedCited by 2 opinions

Appeals, Nos. 19 and 20, Oct. T., 1916, by David B. Johns, from orders of O. P. Allegheny Co., Oct. T., 1915, Nos. 1794 and 1821, ordering a recount of ballots, In re Recount of Ballots in the First Ward of the Borough of Braddock and In re Recount of votes in the Seventh District of the Second Ward of the City of Pittsburgh. Petitions for the opening of ballot-boxes.

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Appeals, Nos. 19 and 20, Oct. T., 1916, by David B. Johns, from orders of O. P. Allegheny Co., Oct. T., 1915, Nos. 1794 and 1821, ordering a recount of ballots, In re Recount of Ballots in the First Ward of the Borough of Braddock and In re Recount of votes in the Seventh District of the Second Ward of the City of Pittsburgh. Petitions for the opening of ballot-boxes. Before Shafer, P. J., and Evans, J. The opinion of the Supreme Court states the facts; The court ordered the ballot-boxes to be opened and the votes to be recounted. David B. Johns appealed. Error assigned was the order of the…

1Opinion of the Court

Per Curiam,

We concur in the view of the learned president judge of the court below and one of his associates that Section 15 of the Act of July 12, 1918, P. L. 719, “ought to be interpreted to further its general purpose, which is to preserve the purity of the ballot.” It was properly so interpreted by the court below in refusing to hold that the five qualified electors, authorized by the act to present a sworn petition averring fraud or error and asking for a recount of the votes, must be electors of the pre*112cinct, division or district in which, the alleged fraud or error was committed. As no…

2Cited by2 opinions

  1. McIntyre's AppealSupreme Court of Pennsylvania · 1941
  2. Phillips' AppealSupreme Court of Pennsylvania · 1918

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