Foy's Election

Citations

• 228 Pa. 14
• 76 A. 713
• 1910 Pa. LEXIS 422

Syllabus

<p>Election law — Contested election — Certiorari—Review.</p> <p>1. A contested election case partakes both of the nature of an action at law and of a suit in equity, and on certiorari the appellate court is not limited to a formal examination of the record, but may review the conclusions of law and the decree entered by the court below. In such cases the higher court inspects the record to determine whether the lower court has exceeded its powers, or has abused the discretion conferred by the statute; and it has power to ascertain the facts from the record and to correct all erroneous conclusions, judgments or decrees based thereon.</p> <p>Election laws — Contested election — Ballots—Improper ballot — Setting aside election — Certificate to appointing power — Act of April 14, 1897, P. L. 23.</p> <p>2. Where a candidate’s name is printed as the candidate of a party that he does not represent, in violation of an order of court, and it appears that a large number of ballots were marked in the regular party’s square, and it appears from all the circumstances of the case that the ballot as printed was calculated to mislead the voters, and thus may have affected the result of the election, it is the duty of the lower court to so find, and to declare the election invalid as provided by the Act of April 14, 1897, P. L. 23, and report its decision to the officers authorized by law to fill the vacancy occurring in the office in question.</p> <p>3. A court ought always to be slow to set aside an election for any office, but when the legislature has ordained that under a certain state of facts it shall so act, and such facts plainly appear upon the record, the duty is clear, and there should be no hesitation about declaring the election invalid.</p> <p>■ Election law — Contested election — Costs—Act of April 28,1899, P. L. 118.</p> <p>4. Under the Act. of April 28, 1899, P. L. 118, relating to contested elections when the contestant fails to establish his right to the office i