Foy's Case

Supreme Court of Pennsylvania
Foy's Case, 224 Pa. 358 (Pa. 1909)
73 A. 324; 1909 Pa. LEXIS 793
Brown, Elkin, Mestrezat, Potter, Stewart

Foy's Case

Opinion of the Court

Per Curiam,

P. C. Foy, the appellant, was returned to the office of the county commissioners of Schuylkill county as having been nominated in the middle ward of the borough of Girardville at a primary election held on January 18,1908. Exceptions were filed to his nomination February 6 following, which, four days later, were sustained by the court. This appeal is not from the action of the court sustaining the exceptions, but from the refusal to grant a rehearing on the petition of the appellant presented February 24, 1908 — eight days after the election. The single assignment of error is the refusal to rehear the case. On this certiorari we pass only upon the regularity of the record, and as nothing appears from it showing that the court erred or abused its discretion in refusing the rehearing, its action is affirmed.

Reference

Cited By
1 case
Status
Published
Syllabus
Election law — Primary election — Nomination—Exceptions—Rehearing — Record—Certiorari—Appeals. On. an appeal from the refusal of the common pleas to grant a rehearing of an order sustaining exceptions to nomination for public office, the appellate court can pass only upon the regularity of the record, and if nothing appears from the record showing that the lower court erred or abused its discretion in refusing the rehearing its action will be affirmed.