Legal Opinion

Oughton v. Black

Supreme Court of Pennsylvania

Decided May 8, 1905No. Appeal, No. 214PublishedCited by 19 opinions

Appeal, No. 214, Jan. T., 1904, by plaintiffs, from decree of C. P. No. 5, Phila. Co., June T., 1904, No. 1127, dismissing bill in equity in case of John Oughton, J. Claude Bedford, John Story Jenks, Walter C. Lippincott and Walter F. Hall v. Hugh Black, Jacob Wilde-more and Charles P. Donnelly, city commissioners. Bill in equity for an injunction..

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Appeal, No. 214, Jan. T., 1904, by plaintiffs, from decree of C. P. No. 5, Phila. Co., June T., 1904, No. 1127, dismissing bill in equity in case of John Oughton, J. Claude Bedford, John Story Jenks, Walter C. Lippincott and Walter F. Hall v. Hugh Black, Jacob Wilde-more and Charles P. Donnelly, city commissioners. Bill in equity for an injunction.. Before Ralston, J. From the record it appeared that the complainants were eandidates for several offices in tbe city of Philadelphia. The bill prayed “ for an injunction to restrain the defendants from printing the ballots for the election to be…

1Opinion of the Court

Opinion by

Mb. Justice Brown,

At the threshold of the elaborate- argument in support of their appeal the appellants distinctly admit that the Act of June 10,1893, P. L. 419, as amended by the Act of April 29, 1903, P. L. 338, is “ perfectly complete and perfectly constitutional, ” if a proviso in the amended fourteenth section and a clause in the twenty-second section, as amended, be eliminated. The proviso is: “ Provided further, that each voter may have the opportunity of designating his choice for all the candidates, as nominated by one political party, there shall be printed on the extreme…

2Cases cited7 opinions

  1. People ex rel. Grinnell v. HoffmanIllinois Supreme Court · 1886
  2. State ex rel. Runge v. AndersonWisconsin Supreme Court · 1898
  3. Ritchie v. RichardsUtah Supreme Court · 1896
  4. Independence Party NominationSupreme Court of Pennsylvania · 1904
  5. DeWalt v. Bartley, Pennsylvania Court of Common Pleas, Philadelphia County1892

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3Cited by19 opinions

  1. Winston v. MooreSupreme Court of Pennsylvania · 1914
  2. State ex rel. Van Alstine v. FrearWisconsin Supreme Court · 1910
  3. Canaan v. AbdelnourCalifornia Supreme Court · 1985
  4. Jackson v. NorrisCourt of Appeals of Maryland · 1937
  5. Kahalekai v. DoiHawaii Supreme Court · 1979

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