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FINNEGAN APPEAL

366 Pa. 6 (1950)

Finnegan Appeal.

Supreme Court of Pennsylvania.

October 13, 1950.

Attorney(s) appearing for the Case

David Berger, for appellant.

William T. Connor, for County Commissioners of Philadelphia (constituting County Board of Elections), appellees.

Marshall H. Morgan, for Republican Central Campaign Committee of Philadelphia.

Samuel M. Jackson, Deputy Attorney General, with him Charles J. Margiotti, Attorney General, for Commonwealth.

Before DREW, C.J., STERN, STEARNE, JONES and CHIDSEY, JJ.

OPINION BY MR. JUSTICE JONES, October 13, 1950:

The proceeding in the court below was without authority of law. There is no power in a Court of Common Pleas to render an advisory opinion except in an election matter under the jurisdiction conferred by Sec. 1206 of the Pennsylvania Election Code of 1937, 25 PS § 3046. Such jurisdiction, by the very terms of the grant, does not attach until seven o'clock a.m. on the day of...

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