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Foy's Case

Foy's Case, 73 A. 324 (Pa. 1909)
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Court
Supreme Court of Pennsylvania · State Highest Courts
Decided
April 12, 1909
Docket
Nos. , No. 191
Judges
Brown, Elkin, Mestrezat, Potter, Stewart
Citations
73 A. 324224 Pa. 3581909 Pa. LEXIS 793
Disposition
Affirmed.
Syllabus
Election law — Primary election — Nomination—Exceptions—Rehearing — Record—Certiorari—Appeals. On. an appeal from the refusal of the common pleas to grant a rehearing of an order sustaining exceptions to nomination for public office, the appellate court can pass only upon the regularity of the record, and if nothing appears from the record showing that the lower court erred or abused its discretion in refusing the rehearing its action will be affirmed.
Summary
Appeal, No. 191, Jan. T., 1908, by P. C. Foy, from order of C. P. Schuylkill Co., March T., 1908, No. 180, refusing a rehearing of an order sustaining exceptions to the nomination of P. C. Foy to the office of school director of the Borough of Girardville. Petition for rehearing of an order sustaining exceptions to nomination. The opinion of the Supreme Court states the case. Error assigned was order refusing a rehearing.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per Curiam,

P. C. Foy, the appellant, was returned to the office of the county commissioners of Schuylkill county as having been nominated in the middle ward of the borough of Girardville at a primary election held on January 18,1908. Exceptions were filed to his nomination February 6 following, which, four days later, were sustained by the court. This appeal is not from the action of the court sustaining the exceptions, but from the refusal to grant a rehearing on the petition of the appellant presented February 24, 1908 — eight days after the election. The single assignment of error is the refusal to rehear the case. On this certiorari we pass only upon the regularity of the record, and as nothing appears from it showing that the court erred or abused its discretion in refusing the rehearing, its action is affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1942: 119422026peak 1942 · 1

Relies on it most ⓘ

  1. Greenwood Township Election Case25 A.2d 330 (Pa. 1942)

Most recent

  1. Greenwood Township Election Case25 A.2d 330 (Pa. 1942)

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