Commonwealth ex rel. Witman v. Ramsay

Citations

• 166 Pa. 642
• 31 A. 345
• 1895 Pa. LEXIS 1267

Syllabus

<p>E lection law—Review— Certiorari—Evidence.</p> <p>On a certiorari to an order of the court of quarter sessions in an election contest, the evidence heard and the opinion rendered by the court below form no part of the record, and cannot be considered by the Supreme Court.</p> <p>In such a ease the only duty of the Supreme Court is to see that the successive steps taken in the investigation are in accordance with the statute that has prescribed them, but with the conclusions of the court below or its reasons for adopting them, the Supreme Court has no concern.</p> <p>In an election contest the Supreme Court will not reverse a final decree because the court below, before proceeding to final hearing, failed'to dispose of a petition of certain of the signers of the original petition for leave to withdraw therefrom, a motion to strike off the names of persons alleged not to be electors of the proper ward, and a motion to quash.</p>