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The District Reports of Cases Decided in All the Judicial Districts of the State of Pennsylvania (Volume 2)

The District Reports of Cases Decided in All the Judicial Districts of the State of Pennsylvania (Volume 2)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893. Excerpt: ... Election of Common Councilmcn in the '20th Ward. minority insectors had not signed the return sheets at all. That, by reason of these mistakes, the number of improperly rejected ballots was sufficient, if counted, to cause the election of the petitioners; that the evidence of the mistakes would be found in the ballot boxes. John J. Molo)i//. Georye Gluyas Mercer, and Charles (Jhuunceij liinnnj, for letitioners.--Under the laws of July 2, 1839, U, 8, &c, P. L. 536, and Feb. 2, 1854, 34, P. L. 30, April 22, 1858, ? 5, P. 1.. 467, April 6, 1870, 5, P. L. 54, the election returns were counted by return judges, who had power to reject all or any part of the return where the certificate was defective so as not to be understood. The Act of Jan. 30, 1874, . 13, P. L. 38, transferred these duties to courts of common pleas with greatly enlarged powers. In case of mistake or fraud apparent on the face of the return, or an affidavit charging fraud, they may cause all the election papers to be brought before them and correct the returns. This includes jwwer to require the ballots to be brought into court, and has been exercised: Election in 12th Ward. 17 W. N. 373; McCarty's Election, 2 C. ('. 561. In Act of June 10, 1801. 25 and 31. the legislature has recognized this power of court to examine the ballots themselves. This is not a case of fraud or of mistake, requiring extraneous evidence to establish it, but simply of a misinterpretation of the law by the election officers, who hav e misunderstood the character of the marks required, they having entirely rejected ballots erroneously marked by the voter, instead of only so far as the particular office or group erroneously marked was concerned, as required by the law. Feb. 24, 1873, petition refused. Samuels v. Con...


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Product Details
  • ISBN-13: 9781235687204
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 584
  • Spine Width: 30 mm
  • Width: 189 mm
  • ISBN-10: 1235687201
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1030 gr


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The District Reports of Cases Decided in All the Judicial Districts of the State of Pennsylvania (Volume 2)
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