Lackawanna County Election Case

Supreme Court of Pennsylvania
Lackawanna County Election Case, 251 Pa. 112 (Pa. 1915)
96 A. 137; 1915 Pa. LEXIS 644
Brown, Frazer, Mestrezat, Potter, Stewart

Lackawanna County Election Case

Opinion of the Court

Per Curiam,

The petitions presented to the court below by certain qualified electors of certain election districts in the County of Lackawanna, were in the form prescribed by the 15th section of the Act of July 12, 1913, P. L. 719, and the order of the court of September 30, 1915, directing the ballot boxes to be safely and securely kept by the sheriff until the further order of the court was properly made. The subsequent order of the court made *115October 2, 1915, dismissing the proceedings instituted by tbe petitioners because their petitions had been filed too late — four days after the computation by the county commissioners — was improperly made for nothing in the statute sustains the reason given for dismissing the proceedings.

The said order of October 15, 1915, is reversed, and it is now ordered, adjudged and decreed that the record be remitted, with direction to the court below to hear and determine all matters pertaining to the frauds alleged in the said petitions and to make such decree as right and justice may require.

Reference

Full Case Name
Lackawanna County Election Case. Durkin's Appeal
Cited By
1 case
Status
Published
Syllabus
Elections — Primary elections — Error in counting votes — Petition for recount — Time for 'filing — Act of July 12, 1918, P. L. 719, Section 15. Where petitions filed under the Act of July 12, 1913, P. L. 719, Section 15, for the opening of the ballot-boxes and a recount of the votes cast at a primary election, averred error or fraud in the computation of the vote, the dismissal of the proceedings on the ground that the petitions -which were filed four days after the computation by the county commissioners were filed too late, was erroneous.