Von Moss's Election

Citations

• 219 Pa. 453
• 68 A. 1019
• 1908 Pa. LEXIS 600

Syllabus

<p>Election law — Certiorari—Appeals—Scope of the review — Nomination certificates.</p> <p>Contested elections are regulated entirely by statute. The statute declares what court shall have jurisdiction and directs the course of procedure in such contests. Unless an appeal is given by statute to the party aggrieved by such proceedings, no appeal lies to an appellate court by which the merits of the case can be reviewed.</p> <p>Where the proceedings in an election contest have been brought into the appellate court by certiorari, the inquiry of that court extends to a mere inspection of the record to determine whether the lower court had exceeded its powers, or had grossly abused the discretion conferred by the statute. The appellate court cannot go further and inquire whether the judgment of the court below on the whole case was correct.</p> <p>The jurisdiction to determine questions as to the form and validity of nomination certificates is exclusively in the court of common pleas by objections filed to the certificate, and not in the court of quarter sessions. The latter court in an election contest cannot consider such questions; and where the proceedings in the contest are carried into the Supreme Court by certiorari, the Supreme Court cannot consider them.</p>