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EAGEN v. SMITH

366 Pa. 501 (1951)

Eagen, Appellant, v. Smith.

Supreme Court of Pennsylvania.

February 26, 1951.

Attorney(s) appearing for the Case

J. Julius Levy, with him Earl V. Compton, for appellant.

Harry F. Stambaugh, Special Counsel, with him Charles J. Margiotti, Attorney General, and Samuel M. Jackson, Deputy Attorney General, for appellee.

Thomas Raeburn White and Maurice Stern, for the Honorable GROVER C. LADNER, intervener.

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

OPINION BY MR. CHIEF JUSTICE DREW, February 26, 1951:

The Honorable Michael J. Eagen, appellant, contends that he was lawfully elected a justice of the Supreme Court of Pennsylvania at the general election held November 7, 1950, and brought this proceeding in mandamus to compel the Secretary of the Commonwealth, the Honorable GENE D. SMITH, to so certify. The Court of Common Pleas of Dauphin County refused to issue the writ and this appeal was then filed.

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