In re Contested Election of Mathews

Supreme Court of Pennsylvania

In re Contested Election of Mathews

92 Pa. 138, 1879 Pa. LEXIS 393

DecidedNovember 24, 1879

StatusPublished

This text of 92 Pa. 138 (In re Contested Election of Mathews) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re Contested Election of Mathews, 92 Pa. 138, 1879 Pa. LEXIS 393 (Pa. 1879).

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Opinion

The judgment of the Supreme Court was entered November 24th 1879,

Per Curiam.

This is a common-law certiorari, and brings up only what is strictly the record. We can not review the case as on appeal. Every presumption is to be made in favor of the proceedings of the court below: Election Cases, 15 P. F. Smith 20. An application was made to quash the proceedings in the court below, and an answer filed denying the allegations of the petition. No doubt the court had sufficient reasons for denying the motion. The refusal to appoint a commissioner to take testimony proves nothing. They may have heard the testimony in open court. ,

The remaining assignments of error are sufficiently answered by referring to the ease of In re Contested Election of Barber, 5 Norris 392. Proceedings affirmed.

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The judgment of the Supreme Court was entered November 24th 1879,

Per Curiam.

This is a common-law certiorari, and brings up only what is strictly the record. We can not review the case as on appeal. Every presumption is to be made in favor of the proceedings of the court below: Election Cases, 15 P. F. Smith 20. An application was made to quash the proceedings in the court below, and an answer filed denying the allegations of the petition. No doubt the court had sufficient reasons for denying the motion. The refusal to appoint a commissioner to take testimony proves nothing. They may have heard the testimony in open court. ,

The remaining assignments of error are sufficiently answered by referring to the ease of In re Contested Election of Barber, 5 Norris 392. Proceedings affirmed.

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92 Pa. 138, 1879 Pa. LEXIS 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-contested-election-of-mathews-pa-1879.