Birmingham Township Election Contest Case

Opinion by

Mr. Justice Benjamin R. Jones,

This appeal challenges the validity of an order of the Court of Common Pleas of Chester County dismissing an election contest proceeding.

At a municipal election held on November 5, 1957 in Birmingham Township, Chester County, there were three candidates for school director, two to be elected: Frederick J. Wolter, a Democrat, and Eobert Earl Barnett and Phoebe S. Wylie, both Eepublicans. The official count of the County Board of Election and a recount conducted under supervision of the court both indicated that Eobert Earl Barnett and Phoebe S. Wylie had…