Nomination Certificate of Robb

Citations

• 188 Pa. 212
• 41 A. 477
• 1898 Pa. LEXIS 595

Syllabus

<p>.Election law — Appeals—Jurisdiction—Acts of June 10,1893, and July 9, 1897.</p> <p>The jurisdiction of the judges of the court of common pleas of Dauphin county on exceptions to the form and validity of certificates of nomination filed with the secretary of the commonwealth is by the Act of June 10, 1893, P. L. 419, as amended by the Act of July 9, 1897, P. L. 223, exclusive and final, and no appeal to the Supreme Court lies from their decrees. The Supreme Court may, however, inspect the record on certiorari to determine whether the lower court has exceeded its powers, or has grossly abused the discretion conferred by the statute.</p> <p>Authority to inquire whether there be a political party such as is represented in a certificate of nomination, and whether in substantial accord with the rules of such party the certified candidate was nominated, is given to the court of common pleas of Dauphin county by the statute, both expressly and by necessary implication. If it appears from an inspection of the record and opinion that the judge of the court of Dauphin county has not exceeded his statutory powers, nor has abused the discretion reposed in him, the Supreme Court cannot go further and inquire whether the judgment of the court below on the whole case was correct, for that would be treating the certiorari as an appeal .without any authority, common-law or statutory, so to do.</p>