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· 5/24/1910

Patton's Election

Citations

  • 228 Pa. 446
  • 77 A. 658
  • 1910 Pa. LEXIS 508

Syllabus

<p>Election law — Contested election — Costs—Bo.nd for costs — Act of April 28, 1899, P. L. 118 — Constitutional law — Title of act — Bill of rights — Special legislation — Local legislation.</p> <p>1. The Act of April 28, 1899, P. L. 118, entitled, “An Act to amend the ninth section of an act entitled, ‘An Act designating the several classes of contested elections in this commonwealth, and providing for the trial thereof,’ approved the nineteenth day of May A. D. 1874, providing that the costs in certain cases shall be placed on the petitioners,” is sufficiently comprehensive in title to include the provision in the act requiring a bond to be entered with sureties for the payment of costs, as a condition of contest.</p> <p>2. The Act of April 28, 1899, P. L. 118, in so far as it provides for the entering of a bond to secure the payment of costs in an election contest, does not violate that portion of the bill of rights which directs that “all courts shall be open, and every man for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay.”</p> <p>3. The Act of April 28, 1899, P. L. 118, requiring a bond to be filed in an election contest does not offend against art. Ill, sec. 7, of the constitution of Pennsylvania which prohibits the enactment of any local or special law regulating the affairs of counties, cities, townships, etc.</p>

Judges: Elkin, Mestrezat, Moschzisker, Potter, Stewart

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