Lyon v. Dunn

Citations

• 196 Pa. 90
• 46 A. 384
• 1900 Pa. LEXIS 477

Syllabus

<p>Election law — Appeals—Acts of May-19, 1874, P. L. 209, sec. 6, and June 12, 1878, P. L. 204.</p> <p>Contests of elections are wholly statutory, and no appeal lies from the judgment of the trial court unless expressly authorized.</p> <p>In an election contest instituted by petition of electors to the attorney general, and the appointment of a special court under section 6 of the act of May 19, 1874, no appeal lies except where a constitutional question is involved, when the case may be appealed under the act of June 12, 1878.</p> <p>An appeal' in such a case will be quashed where it appears that the rules applied by the court below, in so far as they involved constitutional questions, were in favor of the appellant. Whether the rules laid down were applied correctly to the case of each particular vote offered or challenged did not raise any constitutional question, but merely one of fact.</p> <p>Under the act of June 12, 1878, what the Supreme Court is authorized to review is the soundness of the law as declared by the court below to have been their guide in reaching a decision.</p>