Case law

Moring v. Dunne

342 Pa. Super. 414 · Supreme Court of Pennsylvania · Jun 4, 1985

It is well-established that the extension of the filing period or the allowance of an appeal nunc pro tunc will be permitted only in extraordinary circumstances, namely, fraud or some breakdown in the processes of the court … Under these circumstances, we find Bass clearly distinguishable from the instant case. “Untimely appeals present a jurisdictional issue and must be quashed.” Murphy v.

Commonwealth v. Courts

317 Pa. Super. 271 · Supreme Court of Pennsylvania · Aug 5, 1983

The policy behind the requirement of a manual signature on an information is well established. Recently, in Commonwealth v. … The test for ascertaining whether a defendant has been denied effective assistance of counsel is well established. “...

Commonwealth v. Williams

432 Pa. 44 · Supreme Court of Pennsylvania · Oct 3, 1968

In passing on this contention, we first point out that all four doctors were eminently qualified to conduct their respective examinations. … In analogizing the California statute to one which might make having a common cold a crime, the Supreme Court indicated clearly the evil in the challenged legislation.

Biddle v. Biddle

363 Pa. 426 · Supreme Court of Pennsylvania · Nov 17, 1949

Parol evidence is admissible to establish that an assignment, absolute on its face, was intended to operate merely as security for a debt: Seip et ux. v. … That their son qualified and was admitted to the United States Naval Academy and their daughter received a good education is evidence of a successful effort.

Commonwealth v. Edwards, D., Aplt.

Supreme Court of Pennsylvania · Apr 12, 2022

Acknowledging the deference owed to a trial court’s finding in that regard, the intermediate court nevertheless concluded that such finding was clearly erroneous. Id. at 974. … Accordingly, the dissent concluded that the prosecutorial misconduct clearly warranted a new trial, but not the dismissal of charges.

Commonwealth v. Herron

475 Pa. 461 · Supreme Court of Pennsylvania · Dec 24, 1977

Carter, 427 Pa. 53, 55-56 , 233 A.2d 284, 285 (1967), we assumed that the Commonwealth has a *465 qualified privilege “to refrain from disclosing the identity of an informer” which “limits the prosecution’s duty to make available … Carter and Washington clearly indicate that, before disclosure of an informer’s identity is required in the face of the Commonwealth’s assertion of privilege, more is necessary than a mere assertion by the defendant that

McMillin v. Titus

222 Pa. 500 · Supreme Court of Pennsylvania · Jan 4, 1909

The language of'the instrument itself would have spoken clearly the intention of the parties. … This is clearly established by the acts and declarations of the parties themselves. In 1879, and possibly prior thereto, the parties had ceased to obtain oil in paying quantities.

Biddle v. BIDDLE

363 Pa. 426 · Supreme Court of Pennsylvania · Jan 3, 1950

Parol evidence is admissible to establish that an assignment, absolute on its face, was intended to operate merely as security for a debt: Seip et ux. v. … That their son qualified and was admitted'to the United States Naval Academy and their daughter received a good education is evidence of a successful effort.

Raynor, N. v. D'Annunzio, Apl of: Messa

Supreme Court of Pennsylvania · Dec 22, 2020

Appellees conclude the Act is a valuable shield against baseless or frivolous claims, and this Court has already rejected the attempt to immunize attorneys from its purview. … A preliminary objection in the nature of a demurrer ‘should be sustained only in cases that clearly and without a doubt fail to state a claim for which relief may be granted.’” Id.

Mudano v. Phila. Rapid Transit Co.

289 Pa. 51 · Supreme Court of Pennsylvania · Feb 2, 1927

no basis for a finding, except a mere conjecture, a nonsuit is properly entered......and this......is clearly recognized in ......Parker v. … In the present instance, we are not dealing with the rules of evidence applicable to ordinary witnesses, or to witnesses called, as peculiarly qualified observers, to relate facts from which the jury may, unaided, draw its

Lynch v. Troxell

207 Pa. 162 · Supreme Court of Pennsylvania · Oct 29, 1903

compensation cannot, as a whole, be regarded as of a permanent character; for, if the appellant is guilty of the trespass charged against him, its continuance can be arrested after the appellee’s right to do so has been established … All of the witnesses were qualified to testify except Dr. Julian Czupka.

Hoskinson v. Eliot

62 Pa. 393 · Supreme Court of Pennsylvania · Jul 7, 1870

And if the articles had imposed restrictions on his power, such restraints would not affect parties to whom they were unknown, and who, in their dealings with the firm, trusted to the general and well established principles … The defendants were clearly entitled to an affirmative answer to this point, but the qualified negative given to it by the court did them no possible harm.

Commonwealth v. Spotz, M., Aplt

Supreme Court of Pennsylvania · Oct 18, 2017

By employing the past tense in writing this provision, the legislature clearly intended that the right was already recognized at the time the petition was filed. Id. at 501. … The Court noted that the Court’s assessment of risk and how much risk qualifies as violent is tied to an abstract “ordinary case.”

Commonwealth v. Farquharson

467 Pa. 50 · Supreme Court of Pennsylvania · Jan 29, 1976

The record clearly established that the testimony of that witness was so contradictory as to render it incapable of reasonable reconciliation and therefore the court properly refused to allow a verdict of guilt to stand. … We are also not persuaded that this testimony can qualify as a declaration of present sense impression.

Den-Tal-Ez, Inc. v. Siemens Capital Corp.

389 Pa. Super. 219 · Supreme Court of Pennsylvania · Nov 28, 1989

That version clearly casts Star as victim and Siemens as oppressor and deceiver. … We view all of this evidence as establishing a substantial likelihood that Star’s information will be disclosed to Midwest if Siemens goes forward with the acquisition.

Commonwealth v. Ellis

354 Pa. Super. 11 · Supreme Court of Pennsylvania · Jun 13, 1986

A review *16 of the facts surrounding appellant’s arrest, as clearly testified to by three police officers who were on the scene, show that appellant’s first issue is devoid of any arguable merit. … Thus, the court deemed the witness qualified to testify as to the comparison of appellant’s sneaker prints to those found at the crime scene.

Raynor, N. v. D'Annunzio, M., Aplts.

Supreme Court of Pennsylvania · Dec 22, 2020

Appellees conclude the Act is a valuable shield against baseless or frivolous claims, and this Court has already rejected the attempt to immunize attorneys from its purview. … A preliminary objection in the nature of a demurrer ‘should be sustained only in cases that clearly and without a doubt fail to state a claim for which relief may be granted.’” Id.

Clayton v. Clayton

3 Binn. 476 · Supreme Court of Pennsylvania · Jul 22, 1811

I view them as establishing the landmarks of property, which it would be unjust now to vary or remove. … The established rule is thus laid down by lord Mansfield. in Loveanes on. the demise of Mudge v.

Boring v. Metropolitan Edison Co.

435 Pa. 513 · Supreme Court of Pennsylvania · Oct 9, 1969

Clearly the method employed by the Condemnees’ experts was at variance with the proper method of capitalizing rental income. … Nor did the offer indicate that the records would qualify for admission under the Business Records Act.

Mikaloff Estate

400 Pa. 140 · Supreme Court of Pennsylvania · Mar 22, 1960

R. 638, 639 (1938) ; the rule is long-established that the court should construe an interest as vested whenever possible. Bald Estate, 385 Pa. 176 , 122 A. 2d 294 (1956). … By necessity, each possible divestment in the thirty year period could only occur upon the death of a named child who qualifies as a life-in-being.