Legal Opinion

In re Contested Election of McDonough

Supreme Court of Pennsylvania

Decided February 28, 1884PublishedCited by 5 opinions

Certiorari to the Court of Quarter Sessions of Lachawanna county: Of January Term, 1884, No. 171. This was a petition by twenty-seven qualified electors ox Lackawanna county, filed in the Court of Quarter Sessions, contesting the election of Martin McDonough, who was returned as elected, on November 7, 1882, to the office of prothonotary of said county, and averring that Thomas H. Dale received a majority of the lawful votes cast at §aid election.

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Certiorari to the Court of Quarter Sessions of Lachawanna county: Of January Term, 1884, No. 171. This was a petition by twenty-seven qualified electors ox Lackawanna county, filed in the Court of Quarter Sessions, contesting the election of Martin McDonough, who was returned as elected, on November 7, 1882, to the office of prothonotary of said county, and averring that Thomas H. Dale received a majority of the lawful votes cast at §aid election. Among the grounds specifically alleged in the petition was the following: That the election officers received certain votes from “ persons who were…

1Opinion of the CourtJustice Trunkey

The constitution defines the qualifications of electors, and declares that every person who possesses them shall be entitled to vote at all elections. And it provides that “ All laws regulating the holding of elections by the citizens, or for the registration of electors, shall be uniform throughout the state, but no elector shall be deprived of the privilege of voting by reason of his name not being registered.”

It has been often said that the legislature must prescribe regulations to insure the orderly and free exercise of the elector’s right; that such regulations must be subordinate to the…

2Cases cited4 opinions

  1. State ex rel. Wood v. BakerWisconsin Supreme Court · 1875
  2. Clark v. RobinsonIllinois Supreme Court · 1878
  3. State v. HilmantelWisconsin Supreme Court · 1867
  4. Eaton v. WoollyWisconsin Supreme Court · 1871

3Cited by5 opinions

  1. Contested Election of CusickLackawanna County Court of Quarter Sessions · 1890
  2. In Re Nomination Paper of NaderSupreme Court of Pennsylvania · 2004
  3. McComb v. RobelenCourt of Chancery of Delaware · 1922
  4. Second Legislative District Election Contest, Pennsylvania Court of Common Pleas, Luzerne County1955
  5. In re Contested Election, Pennsylvania Court of Common Pleas, Butler County1937

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