Mulholland's Case

Citations

• 217 Pa. 631
• 66 A. 1105
• 1907 Pa. LEXIS 770

Syllabus

<p>Election laws — Appeals—Certiorari.</p> <p>Where a case under the election laws is brought into the appellate court by certiorari, the court cannot review the findings of facts or merits of the case, but it has jurisdiction to inspect the whole record with regard to the regularity and propriety of the proceedings to ascertain whether the court below exceeded its jurisdiction or its proper legal discretion.</p> <p>Election law — Registration—Failure to register — Act of February 17, 1906, P. L. 49.</p> <p>A person presented a petition to the court of common pleas averring that he had in his possession naturalization papers, but had mislaid them, and did not find them in time to present them to the board of registrars. That subsequently he appeared in person before the commissioners of registration, and produced all proofs of his qualifications as an elector, including a certified copy of his naturalization papers, but they refused to register him because he had not produced the papers on one of the three registering days. The court allowed the appeal and indorsed on the petition “name to be added.” It did not appear that he had presented a petition to the commissioners alleging error in the action of the registrars, nor did he allege that he was prevented from registering by illness, or unavoidable absence from the county. Held, that the common pleas had no jurisdiction, and that all of the proceedings before that court should be quashed.</p> <p>Mitchell, C. J., dissents.</p>