Legal Opinion

Twenty-Eighth Congressional District Nomination

Supreme Court of Pennsylvania

Decided December 31, 1920No. Appeal, No. 163PublishedCited by 19 opinions

Appeal, No. 163, Oct. T., 1920, by David Evans et al., from order of C. P. Mercer Co., Oct. T., 1920, No. 31, directing returns not to be counted in tbe matter of tbe Republican Nomination for tbe office of congressman for tbe 28tb Congressional District in tbe State of Pennsylvania.

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Appeal, No. 163, Oct. T., 1920, by David Evans et al., from order of C. P. Mercer Co., Oct. T., 1920, No. 31, directing returns not to be counted in tbe matter of tbe Republican Nomination for tbe office of congressman for tbe 28tb Congressional District in tbe State of Pennsylvania. Appeal from decision of board of county commissioners sitting as return board in count of ballots cast at primary election of May 18, 1920. Before McLaughry, P. J. Willis J. Hulings, intervening appellee, moved to quash tbe appeal. Tbe opinion of tbe Supreme Court states tbe facts. The court below entered tbe…

1Opinion of the Court

Opinion by

Mk. Justice Simpson,

At the primary election held May 18, 1920, Harris J. Bixler and Willis J. Hulings were rival candidates for the Republican nomination for the office of congressman in the 28th congressional district of this State. Upon the returns, as made by the election officers, it appeared Bixler had been nominated by a small plurality, whereupon a petition was duly filed with the county commissioners, sitting as a returning board, asking a recount of the votes, inter alia, in the first election district of the Borough ol Farrell in Mercer County, and also the rejection of…

2Cases cited5 opinions

  1. Commonwealth v. BalphSupreme Court of Pennsylvania · 1886
  2. Commonwealth v. SmithSupreme Court of Pennsylvania · 1898
  3. Nomination Certificate of RobbSupreme Court of Pennsylvania · 1898
  4. Cramer's Election CaseSupreme Court of Pennsylvania · 1915
  5. Carpenter's CaseSupreme Court of Pennsylvania · 1850

3Cited by19 opinions

  1. Bauman Election Contest CaseSupreme Court of Pennsylvania · 1944
  2. Rimer's Contested Election. Geary's App'l.Supreme Court of Pennsylvania · 1934
  3. First Congressional District ElectionSupreme Court of Pennsylvania · 1928
  4. McGettigan's Liquor License CaseSuperior Court of Pennsylvania · 1938
  5. Twenty-First Senatorial District NominationSupreme Court of Pennsylvania · 1924

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