Madden v. Moore

Citations

• 228 Pa. 503
• 77 A. 821
• 1910 Pa. LEXIS 516

Syllabus

<p>Election law — Primary elections — Practice, C. P. — Appeal from commissioners — Act of February 17, 1906, P. L. 86.</p> <p>1. The remedy for a refusal by county commissioners to grant a recount of votes cast at a primary election under the Act of February 17, 1906, P. L. 36, because, in the judgment of the commissioners, the petitioners had not stated any adequate reason for asserting that fraud had been committed and that the petition did not conform to the requirements of the act, is by appeal to the common pleas under the act and not by mandamus.</p> <p>2. Under the act of February 17, 1906, the duties of commissioners are not merely ministerial, inasmuch as the act vests in them a discretion to determine, in the first instance, the sufficiency of the petition, both as to form and substance, and to reject an irregular or groundless application.</p>