John S. Neal, Jr., Levittown, Morris Smith, Chester, for appellant.
Edward H. P. Fronefield, Media, Jos. W. DeFuria, Chester, for appellees.
Before Rhodes, P. J., and Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ.
[ 175 Pa. Super. Page 383]
The order of the court below is affirmed at appellant's costs. The opinion of this Court will be filed at a subsequent date.
These three appeals are from alleged dismissals by the Court of Common Pleas of Delaware County of
[ 175 Pa. Super. Page 384]
petitions to set aside nomination petitions for party offices. Eleven such petitions had been filed and a hearing was held on March 26, 1954. The appeals relate to three of the nomination petitions, to wit, Stella A. Snyder (No. 173, October term, 1954), Richard Snyder (No. 174, October term, 1954), and Ernestine Powers (No. 175, October term, 1954).
Testimony was presented on the petition of Stella A. Snyder, and this was made applicable to the petition of Richard Snyder. But the petitions to set aside the nomination petitions of Stella A. Snyder and Richard Snyder were withdrawn as well as the other eight petitions of like nature, leaving only the nomination petition of Ernestine Powers.
No testimony was offered as to the nomination petition of Ernestine Powers. Counsel offered in evidence the Powers petition and rested.
There was an obvious error in the Powers petition in that the affidavit had typed therein the name of Ernestine Powers instead of that of the affiant Pauline Pellegrino by whom the affidavit was signed and sworn to.
The court permitted an amendment to the affidavit of the Powers nomination petition by striking out the typewritten name of Ernestine Powers and inserting the name of Pauline Pellegrino, the affiant. ...