Chase v. Miller
Supreme Court of Pennsylvania
Certiorari to the Quarter Sessions of Luzerne county. This was a case of contested election, founded on the complaint of the requisite number of the qualified electors of Luzerne county, setting forth an undue election and false return of Ezra B. Chase to the office of district attorney. The complaint was filed November 29th 1861, and the time of hearing fixed for the 7th of December following.
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Certiorari to the Quarter Sessions of Luzerne county. This was a case of contested election, founded on the complaint of the requisite number of the qualified electors of Luzerne county, setting forth an undue election and false return of Ezra B. Chase to the office of district attorney. The complaint was filed November 29th 1861, and the time of hearing fixed for the 7th of December following. On the same day a rule was granted by the Quarter Sessions to show ea,use why the “petition should not be quashed.” On the 7th of December the hearing was continued until the 16th, and leave granted to…
1Opinion of the Court
The opinion of the court was delivered,
by Woodward, J.
This is a case of contested election. It comes up to us by writ of certiorari. A motion was made and fully argued, to quash the writ on the ground that the decree of the court below is final and conclusive, and that we have no jurisdiction to review it. The first point to be considered, therefore, is our jurisdiction; for if there be any doubt on that head, we shall be more than willing to escape the constitutional question upon the record.
When the legislature committed contested elections of county officers to the Quarter Sessions, they…
2Cases cited5 opinions
- Carr v. WallaceSupreme Court of Pennsylvania · 1838
- Commonwealth v. BeaumontSupreme Court of Pennsylvania · 1834
- Commonwealth v. M'GinnisSupreme Court of Pennsylvania · 1837
- Burginhofen v. MartinSupreme Court of Pennsylvania · 1803
- Commonwealth v. FlanaganSupreme Court of Pennsylvania · 1844
3Cited by55 opinions
- Carpentertown Coal & Coke Co. v. LairdSupreme Court of Pennsylvania · 1948
- Bell AppealSupreme Court of Pennsylvania · 1959
- In re BrunoSupreme Court of Pennsylvania · 2014
- Municial Publications, Inc. v. Court of Common PleasSupreme Court of Pennsylvania · 1985
- Schmuck v. HartmanSupreme Court of Pennsylvania · 1908
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