Case law

Albright v. Lafayette Building & Savings Ass'n

102 Pa. 411 · Supreme Court of Pennsylvania · Oct 1, 1883

St. 122, there was a minimum premium fixed by the building association, below which, loans could not be made, as in the present case ; such a provision was clearly in conflict with the Act of 1859 and was so declared. … Whilst building and loan associations are entitled to all the privileges, powers and immunities allowed by law, they znust be held to contz’act in confoz’mity therewith.

Ressler v. Jones Motor Co., Inc.

337 Pa. Super. 602 · Supreme Court of Pennsylvania · Jan 18, 1985

It is clearly within the trial court’s discretion, and we find no error in deferring a class certification hearing while a motion for summary *613 judgment is pending. … Sheehy to determine what qualifies as a wage for tax purposes, and find no mention in the record of any Internal Revenue Service advisory opinion on the matter. 3 .

Young v. Fetterolf

320 Pa. 289 · Supreme Court of Pennsylvania · Dec 5, 1935

Our state legislature laid down poli* cies and established a standard in respect to the playing of baseball and football on Sunday afternoons. … It establishes no criterion to govern the President’s course. It does not require any finding by the President as a condition of his action. ...

Payne v. Commonwealth Department of Corrections

582 Pa. 375 · Supreme Court of Pennsylvania · Apr 29, 2005

Section 6602, however, does not address the establishment of a filing fee or its appropriation. … The Department has established the reasonableness of its beliefs.

Commonwealth v. Tyrrell

405 Pa. 210 · Supreme Court of Pennsylvania · Nov 14, 1961

For centuries, even before Black *218 stone, the law had established a number of well settled principles in order to protect society from death or injury by criminals. In Commonwealth v. … Kravitz, 400 Pa., supra. *219 Defendant’s psychiatric evidence and the applicable Law The lower Court on petition of defendant’s counsel ordered an inquiry into the defendant’s mental condition by two qualified psychiatrists

Aldine Apartments, Inc. v. Commonwealth

493 Pa. 480 · Supreme Court of Pennsylvania · Mar 13, 1981

That first sentence of section 201(m) is not qualified by the use of the phrase “purchased directly by the user thereof.” … The holding of Monumental Properties is clearly not supportive of the argument in this context.

In Re: Canvass of Absentee and Mail-In Ballots

Supreme Court of Pennsylvania · Nov 23, 2020

These provisions demonstrate that the General Assembly clearly knew how to impose such a requirement when it wishes to do so. In re Nov. 3, 2020 Gen. … The Secretary also clearly has no authority to declare ballots null and void.

Potter v. Natural Gas Co.

183 Pa. 575 · Supreme Court of Pennsylvania · Jan 3, 1898

Just what were the facts teixding to show negligence by defendant were xxot beyond controversy, and, if established, the inferexices that defendant claimed should be drawn *589 from them did not necessarily follow. … Those who traveled the road were qualified to testify from actual observation.

Marshall Impeachment Case

363 Pa. 326 · Supreme Court of Pennsylvania · Nov 22, 1949

The accused filed his answer, which contained in detail denials of some and qualified admissions of other of the charges. … The respective powers and duties of the legislative and judicial branches of the government, both of which participate in the trial, are clearly stated.

Commonwealth v. Jacobs

556 Pa. 138 · Supreme Court of Pennsylvania · Mar 26, 1999

The PCRA court rejected this assertion as the record clearly revealed that trial counsel pursued such a defense on behalf of Appellant. … Appel, 547 Pa. 171 , 689 A.2d 891 (1997) (counsel will not be deemed ineffective for failing to conduct further investigation into a defendant’s competency when qualified experts and available facts show him to be competent

Hawk v. Harman

5 Binn. 43 · Supreme Court of Pennsylvania · May 25, 1812

There is no maxim better established in law, or more congenial to the common understanding of mankind, than that every person of sound mind and discretion, should be responsible for what he says or does injurious to others … An immunity from her contracts or debts, the lover cannot expect, accouplé en loyal matrimonie; but the being subject also to actions for her torts, to use the legal term, must augment the inconvenience.

Yanakos, C., Aplts. v. UPMC

Supreme Court of Pennsylvania · Oct 31, 2019

. § 1303.513, however, establishes a seven-year statute of repose for medical malpractice claims. … Applying this definition of “fundamental rights,” the right to a remedy in suits against private entities clearly “has its source, explicitly or implicitly,” in Article I, Section 11 of the Pennsylvania Constitution, and

Brooks v. Decker

343 Pa. Super. 497 · Supreme Court of Pennsylvania · Nov 12, 1985

This would be a natural extension of the principles established in Sinn . *505 I would also find that Appellant’s claim is not barred for reasons of failing to qualify in his own right for the threshold damage requirements … established under the No-Fault Motor Vehicle Insurance Act, 40 P.S. § 1009.301.

Commonwealth v. MacDonald

464 Pa. 435 · Supreme Court of Pennsylvania · Oct 30, 1975

Film 39 clearly indicate that the Miller standard is fully applicable to injunctive proceedings such as that involved in Paris Adult Theatre. … This section provides: “Whoever erects, sets up, establishes, maintains, keeps or continues, or causes to be erected, set up, established, maintained, kept or continued, any public or common nuisance is guilty of a misdemeanor

Commonwealth v. Rosmon

477 Pa. 540 · Supreme Court of Pennsylvania · Apr 28, 1978

The foregoing facts were established at the guilty plea hearing and were admitted by the appellant. … Involuntariness of a plea such as was here alleged would qualify under that formulation.

Commonwealth v. Lehman

309 Pa. 486 · Supreme Court of Pennsylvania · Sep 26, 1932

Pennsylvania which specifies who shall be considered county officers,” and that by section 2 “All county officers shall be elected at the general elections and shall hold office until their successors are duly elected and qualified … He walked toward the entrance of the gambling establishment and, at the same time, toward ap *495 pellant who was on the sidewalk.

Altemus v. Ely

3 Rawle 305 · Supreme Court of Pennsylvania · Feb 2, 1832

Now it is evident, that this was not true, if the term “ servants” as used in our acts of assembly, and used too without any qualifying or restrictive adjunct or phrase, be sufficient, and does include apprentices, because … Pilmore, 1 Yeates, 405 , establishes the right of the parent to recover the penalty .of fifty pounds for marrying her minor son, who was at the time an apprentice to another person.

City of Philadelphia v. Philadelphia Parking Authority

568 Pa. 430 · Supreme Court of Pennsylvania · May 31, 2002

The Governor clearly has a direct, concrete interest in this matter, which involves legislation that Justice Saylor aptly describes as having a "unique character." … These cases clearly establish that jurisdiction over this matter involving the Philadelphia Parking Authority belongs with the common pleas court.

Vann v. COM., UNEMPLOY. COMP. BD. OF REV.

508 Pa. 139 · Supreme Court of Pennsylvania · Jun 28, 1985

We observe that the Unemployment Compensation Law even limits the invocation of the Fifth Amendment privilege against self-incrimination as a basis for refusing to testify before a tribunal by extending a grant of immunity … testify, and that if he does testify his testimony may be used to establish ineligibility for benefits.

Commonwealth v. Taylor

453 Pa. 539 · Supreme Court of Pennsylvania · Sep 19, 1973

She first answered “yes” *544 to this question, hut then qualified her answer by saying, “I think he half-way comprehended but did not realize the consequences.” … But my recollection is that she clearly made the statements which I have in the notes. “Now, as I told you before, my notes may be wrong. That’s my recollection. Yours may be different.