Legal Opinion

Walsh v. Tucker

Supreme Court of Pennsylvania

Decided November 26, 1973No. Appeal, 322PublishedCited by 10 opinions

1Opinion of the Court

Opinion

Per Curiam,

Order of the Commonwealth Court is affirmed. Opinion to follow.

Opinion by

Mb. Chief Justice Jones,

November 26, 1973:

The question presented on this appeal is whether or not a properly posted letter to the Secretary of the Commonwealth, mailed in sufficient time to reach its destination before the filing deadline in the ordinary course of post but which was never received, constitutes a “filing” under the retention election provision of the Pennsylvania Constitution. The applicable provision is Article V, section 15(b), which provides as follows: “(b) A justice or judge elected…

2Cases cited4 opinions

  1. United States v. LombardoSupreme Court of the United States · 1916
  2. Kahler-Ellis Company, Etc. v. The Ohio Turnpike Commission and the Ohio National BankCourt of Appeals for the Sixth Circuit · 1955
  3. Phinney v. Bank of Southwest National Ass'n, HoustonCourt of Appeals for the Fifth Circuit · 1964
  4. Park Management, Inc. v. PorterEmergency Court of Appeals · 1946

3Cited by10 opinions

  1. Holmes v. PowellSupreme Court of Alabama · 1978
  2. General v. E. Roseman CompanySupreme Court of Pennsylvania · 1975
  3. Acchione v. City of PhiladelphiaCommonwealth Court of Pennsylvania · 1979
  4. Wagner v. CommonwealthCommonwealth Court of Pennsylvania · 1979
  5. Commonwealth v. Emerich, Pennsylvania Court of Common Pleas, Lancaster County1980

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