# Ayala v. Philadelphia Board of Public Education

> Superior Court of Pennsylvania · November 28, 1972 · 223 Pa. Super. 171

URL: https://www.frixlaw.com/law-library/cases/6290461

## Case

- **Full name:** Ayala v. Philadelphia Board of Public Education
- **Court:** Superior Court of Pennsylvania
- **Decided:** November 28, 1972
- **Citations:** 223 Pa. Super. 171; 297 A.2d 495; 1972 Pa. Super. LEXIS 1074
- **Precedential status:** Published
- **Opinion:** Concurrence by Packel
- **Judges:** Ceiicone, Cueiam, Hoffman, Jacobs, Packel, Spaulding, Watkins, Weight
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6290461

## Opinion text

Concurring Opinion by
Packel, J.:
I agree with the profound expression of the need for change that is stated so ably in the concurring opinion of Judge Hoffman. I differ with him only in that his opinion is a little too broad as to the necessity for this Court to follow decisions of our Supreme Court. 1 We need not follow blindly an old decision *176 which we are convinced the Supreme Court would not follow; 2 nor need we follow a decision of our Supreme Court which the Supreme Court of the United States has subsequently decided is violative of the federal constitution. 3 In the absence of some special factor, the orderly process of judicial administration calls for this Court to follow a binding precedent of the Supreme Court.
A statutory provision requiring the Superior Court to follow a decision of the Supreme Court as a binding authority, Act of June 24, 1895, P. L. 212, §10, 17 P.S. 197, was repealed by the Appellate Court Jurisdiction Act of 1970, July 31, 1970, No. 223, Article V, §509, as amended, 17 P.S. §211.509(a) (1).
Manley v. Manley, 193 Pa. Superior Ct. 252 , 164 A. 2d 113 (1960).
Cf. Commonwealth v. Franklin, 172 Pa. Superior Ct. 152, 194 , 92 A. 2d 272, 293 (1952).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6290461. Public record. Not legal advice.