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· 10/9/1918

Phillips' Appeal

Citations

  • 262 Pa. 396
  • 105 A. 547
  • 1918 Pa. LEXIS 659

Syllabus

<p>Elections — Election contest — Recount by county commissioners —Appeals—Primary election — Act of July 12, 1918, P. L. 719.</p> <p>Where two candidates at a primary election each presented to the court petitions for a recount of the ballots on account of alleged frauds in certain named election precincts, and the court upon an appeal, by one of the candidates, from the recount of the county commissioners inquired only into the frauds alleged in the districts covered by the petition of the appellant, and threw out sufficient votes to give the appellant the nomination, the candidate returned by the county commissioners as nominated had no standing to urge that the court should continue the inquiry so as to include an investigation into the precincts covered by the petition, which he had originally filed in the court, where he failed to appeal from the recount of the county commissioners within the time prescribed by the statute.</p>

Judges: Brown, Fox, Frazer, Moschzisker, Simpson, Stewart, Walling

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