Case law

Patterson's Estate

282 Pa. 396 · Supreme Court of Pennsylvania · Jan 15, 1925

In support of this contention, which we shall dispose of first, he takes the position that, “in the absence of some qualifying expression,” the word “child” in legislative enactments, as in legal parlance, generally means … Mackey, 222 Pa. 613, 616 ) “to legitimate an illegitimate child as to its mother and her heirs,” and the effect of the act clearly was to place such a child, so far as its mother and her estate are concerned, in the position

Jacobs' Estate

343 Pa. 387 · Supreme Court of Pennsylvania · Sep 29, 1941

At her death testator directed, in paragraph four, that the trustees should establish various trusts, including a trust of $10,000 for each of the children for life, except his son George, whom he disinherited. … As we read paragraph eleven, the language used clearly excludes the possibility of a conclusion that testator in *393 tended the disposition of principal of the residuary estate should be controlled, in any case, by the provisions

Schmick Estate

349 Pa. 65 · Supreme Court of Pennsylvania · Jan 3, 1944

The daughter was given the privilege of occupying certain designated real estate until she was qualified to occupy his home. … After the death of the wife, 15% of the principal of the trust was set aside to establish a foundation, the income to be used “to relieve the poor sick or poverty stricken in the Borough of Hamburg, Pennsylvania”.

Pennsylvania Gaming Control Board v. City Council of Philadelphia

593 Pa. 241 · Supreme Court of Pennsylvania · Aug 3, 2007

As part of that decision, the Board approved the location of the licensed facilities that HSP and Philadelphia Entertainment proposed respectively to establish. … On March 29, 2007, the City Council of Philadelphia (“City Council”) enacted an ordinance (the “Ordinance”) that submits a ballot question to Philadelphia’s qualified electors, asking them whether the Philadelphia Home Rule

McGuigan Estate

349 Pa. 581 · Supreme Court of Pennsylvania · Mar 21, 1944

As to residents, lunacy and habitual drunkenness could be established only by commission and inquisition. … As our lunacy laws clearly had no application to this case, and as Mrs.

Commonwealth v. Murray

623 Pa. 506 · Supreme Court of Pennsylvania · Dec 27, 2013

Surveillance video from inside of the store revealed Pennington present during that time, and clearly pregnant. … Thus, so long as Attorney Alva met the requirements of Rule 801 on September 13, 2002, three years prior to the entry of appearance, he was qualified to represent Appellant in this case.

Commonwealth v. Barr, T., Aplt.

Supreme Court of Pennsylvania · Dec 29, 2021

Notwithstanding the legalization of medical marijuana for qualified patients, there are still several ways in which the smell of marijuana can combine with other factors to supply probable cause for a search. … This statute clearly indicates that, “despite the passage of the MMA, it still is illegal in Pennsylvania to smoke or vape marijuana while driving.” Commonwealth v. Grooms, 247 A.3d 31, 40 n.11 (Pa.

Laffey v. CT. OF COM. PL. OF CUMBER. CTY.

503 Pa. 103 · Supreme Court of Pennsylvania · Dec 16, 1983

an integrated bar in this Commonwealth, thereby eliminating the power of local bars to determine or *107 qualify their membership. … bar of all courts of this Commonwealth, without further act or oath, establishing in reality one bar throughout Pennsylvania.

Corbin v. Philadelphia

195 Pa. 461 · Supreme Court of Pennsylvania · Apr 17, 1900

dispose of this appeal, we must pass *464 upon both, these questions, and first take up what we have said is the primary one, reviewing the evidence, in the light of which must be found the right of the plaintiff or the immunity … In the case before us, under the clearly established facts, no negligence can be imputed to Walker. The question of the contributory negligence of a rescuer is considered in Linnehan v.

Commonwealth v. Edmiston

535 Pa. 210 · Supreme Court of Pennsylvania · Nov 10, 1993

Jasnosz was qualified and, therefore, insufficient to support a finding of an intentional killing. … Appellant claims that because the witness used words such as “consistent with” and “appear to be,” her testimony was qualified.

Denison v. Cornwell

17 Serg. & Rawle 374 · Supreme Court of Pennsylvania · Jun 24, 1828

during the greater part of it,;he laboured for the defendant, who promised his mother, that if he would remain with him, he, the defendant, would do well by him, would send him to school, give him a farm, and an education to qualify … The mother clearly could not; for though entitled to respect and reverence, she had not the care of his person or estate, nor any legal control over him.

Commonwealth v. Hall

622 Pa. 396 · Supreme Court of Pennsylvania · Oct 30, 2013

However, the majority determined that, in this case “the true purpose behind the order was clearly to support the decedent’s children and not to rehabilitate [appel-lee].” Id. at 1145 (emphasis in original). … The Crime Victims Act provides a scheme for protecting victims’ rights and establishing remedies, such as compensation from various funds.

Ross Will

355 Pa. 112 · Supreme Court of Pennsylvania · Oct 2, 1946

As to the testatrix’s alleged lack of testamentary capacity, the contestant did not offer a single witness who was either qualified to, or did, testify concerning his mother’s mentality at or near the time of the making of … Thus, from the undisputed facts appearing of record, there is legal corroboration of what the credible testimony directly establishes. The fact that Mrs.

Sutter v. Dutch Church

3 Grant 336 · Supreme Court of Pennsylvania · Jul 1, 1862

The rules regulating the election of a minister, is, that he must be chosen • by “a majority of the votes of the qualified voters.” … It does not establish a rule to regulate the question of dissolution.

Rutenberg v. Philadelphia

329 Pa. 26 · Supreme Court of Pennsylvania · Nov 24, 1937

Over a period of fifty years but few changes were made in the magisterial system established under the Act of 1875. … The situation here is clearly different from that found in the Family Court Act (Com. ex rel. v.

Blackwell v. City of Philadelphia

546 Pa. 358 · Supreme Court of Pennsylvania · Nov 14, 1996

Lawaetz, 882 F.2d 49 (3d Cir.1989) applied the above standards to a plaintiffs suit challenging his removal from the Virgin Islands’ legislature for not being qualified to hold office. … The plaintiff was not qualified to hold office as the result of a law passed by a simple majority vote of the legislature which established residency and voting requirements.

Cody v. S.K.F. Industries, Inc.

447 Pa. 558 · Supreme Court of Pennsylvania · May 25, 1972

Cannon’s testimony does not fit within one exception to the hearsay rule does not automatically exclude it from qualifying under another exception to the hearsay rule. … We believe that as long as there are no circumstances casting suspicion on the genuineness of the utterances, statements as to cause clearly meet the trustworthiness test. 2 Cf.

Basile v. H & R BLOCK, INC.

563 Pa. 359 · Supreme Court of Pennsylvania · Nov 22, 2000

Block also arranged for Mellon Bank (DE) National Association (Mellon Bank) to provide a refund anticipation loan (RAL) program to Block’s qualified Rapid Refund customers. … Our standard of review is clear: the trial court’s order will be reversed only where it is established that the court committed an error of law or clearly abused its discretion. Cochran v.

Commonwealth v. Patterson

392 Pa. Super. 331 · Supreme Court of Pennsylvania · Apr 6, 1990

Michaux, 360 Pa.Super. 452 , 520 A.2d 1177 (1987), which states that a proper foundation is laid for testimony concerning dog tracking when it is established that the *342 handler and dogs were qualified by training and experience … The witness, although only six years old, clearly saw the perpetrator closely, in daylight, and accurately described him.

Wescoat v. Northwest Savings Ass'n

378 Pa. Super. 295 · Supreme Court of Pennsylvania · Oct 6, 1988

Northwest maintained a group policy with Security in which mortgage borrowers could participate if they qualified. Robert C. … Clearly, the plaintiffs suffered no injury to their person. We are also of the opinion that they suffered no damage to their property.