Thirty-eighth Ward Election
Superior Court of Pennsylvania
Appeal, No. 151, Oct. T., 1907, by-George A. Richmond et al., from order of Q. S. Phila. Co., March T., 1907, imposing costs of proceedings on petitioners in an election contest In re Election of Common Councilman in the Thirty-eighth Ward of City of Philadelphia. Petition for an election contest.
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Appeal, No. 151, Oct. T., 1907, by-George A. Richmond et al., from order of Q. S. Phila. Co., March T., 1907, imposing costs of proceedings on petitioners in an election contest In re Election of Common Councilman in the Thirty-eighth Ward of City of Philadelphia. Petition for an election contest. The court below, in its opinion, stated the case to be as follows : In the case at bar, twenty-seven electors of the thirty-eighth ward took it upon themselves to question the accuracy of the official count for the office of common councilman which had been returned by the election court as a tie…
1Opinion of the Court
Opinion by
Rice, P. J.,
1. It was decided in Erdman v. Barrett, 89 Pa. 320, that the Act of May 19, 1874, P. L. 208, designating the several classes of contested elections in this commonwealth, and providing for the trial thereof, applies to the contest of an election in which a tie vote is returned. “The contest,” said the court, “is to be begun and carried on in the same manner and is to be followed by the same judgment as when one candidate is apparently in the majority and the other in the minority.” Consequently, the petition must set forth the cause of complaint, showing wherein it is…
2Cases cited4 opinions
- Reid v. Smoulter, Pennsylvania Court of Common Pleas, Luzerne County1889
- Erdman v. BarrettSupreme Court of Pennsylvania · 1879
- Hayes's ElectionSuperior Court of Pennsylvania · 1907
- In re Contested Election of O'NeilSupreme Court of Pennsylvania · 1881
3Cited by3 opinions
- Foy's ElectionSupreme Court of Pennsylvania · 1910
- Means's AppealSupreme Court of Pennsylvania · 1934
- Seim's AppealSupreme Court of Pennsylvania · 1934