Opinion
November 23, 1936.
November 24, 1936.
Before KEPHART, C. J., SCHAFFER, MAXEY, LINN, STERN and BARNES, JJ.
Appeal, No. 20, May T., 1937, from decree of C. P. Dauphin Co., Sept. T., 1936, No. 351, in re opening ballot boxes and recounting the vote of the first precinct of Middle Paxton Township, Dauphin County. Appeal dismissed.
Petition for recount of ballots.
Petition granted and recount ordered. Decree entered declaring ballots void; that there was no substantial error, mistake or fraud present, and directing the prothonotary to pay the sum deposited by petitioners to the county treasurer. Petitioners appealed.
Error assigned, among others, was final decree.
W. F. Daniels, with him J. Dress Pannell, for appellants.
Geo. Ross Hull, for candidate.
Argued November 23, 1936.
Upon careful review of the record, we are of opinion that the conclusion of the court below is correct, but, as the question is moot, we can only dismiss the appeal at appellants' cost.