Commonwealth v. Durkin

Citations

• 245 Pa. 507
• 91 A. 918
• 1914 Pa. LEXIS 906

Syllabus

<p>Elections — Borough councilmen — Unexpired terms — Ballots— Act of May ££, 1895, P. L. 109 — Quo warranto.</p> <p>Where a suggestion for a writ of quo warranto to oust borough councilmen from office alleged that at a borough election by virtue of which defendants claimed title to office there were six councilmen to be elected, two to fill unexpired terms, ¡and four for full terms, but that the electors did not designate on their ballots that they voted for two of the candidates for unexpired terms, as required by the Act of May 22, 1895, P. L. 109, Section 4, so that it was impossible to tell from the ballots cast who of the six candidates receiving the majority votes had been elected for the unexpired terms, the court made no error on demurrer to the suggestion in entering judgment of ouster in favor of the Commonwealth.</p>