Case law

Commonwealth v. Martin

465 Pa. 134 · Supreme Court of Pennsylvania · Nov 26, 1975

This court has many times said that “It is clearly established that the grant or refusal of a change of venue or of a continuance is within the sound discretion of the trial Court.” Commonwealth v. … Appellant does not now argue that this limitation was in error, and there is no need, therefore, to detail the chronology of events prior to October 28 which clearly establish that there was opportunity to present a timely

Harmon v. Unemployment Comp. Bd. of Review

207 A.3d 292 · Supreme Court of Pennsylvania · Apr 26, 2019

The Board contended appellant's "attempt to qualify the applicability of Section 402.6 with a durational requirement ... … In his reply brief, appellant distinguishes Borough of Pottstown as inapposite because the agency in that case actually had established policy on the question at hand.

Wilson v. Pennsylvania Railroad

421 Pa. 419 · Supreme Court of Pennsylvania · May 24, 1966

The engineer’s testimony clearly demonstrates that he had no knowledge of the existence of a tachometer in his locomotive. … This “admission” by defendant’s counsel coming after the trial is irrelevant in establishing the existence of the tachometer at the trial.

Machen v. Machen & Mayer Electrical Mfg. Co.

237 Pa. 212 · Supreme Court of Pennsylvania · Jul 2, 1912

It is, therefore, a qualified right and depends in each instance upon the facts of the particular case. … Their facts differentiate them clearly from the present case.

In Re Nomination Papers of Nader

580 Pa. 22 · Supreme Court of Pennsylvania · Sep 29, 2004

Further, twenty to thirty signatures were “clearly fraudulent.” Transcript at 14. … Candidates efforts fall short of establishing that this leeway was contravened. 18 *47 II.

Commonwealth v. Stallworth

566 Pa. 349 · Supreme Court of Pennsylvania · Oct 4, 2001

entering her home, the PFA evidence was indicative of the victim’s state of mind in this regard and was clearly relevant. … He was qualified as an expert in the field of pathology and bloodstain analysis. Appellant complains that Dr.

Hall v. Boyd

6 Pa. 267 · Supreme Court of Pennsylvania · Jul 27, 1847

But in such cases, undoubtedly, the debt must be clearly and lawfully established, and must be such as by every reasonable intendment and implication was within the testator’s intention at the time he made his will. … In that case, the debt was clearly and indisputably established according to law. We cannot say as much for the claim in the case in hand.

North Pennsylvania Railroad v. Rehman

49 Pa. 101 · Supreme Court of Pennsylvania · Feb 24, 1865

But to permit such roaming is hardly a right; it is a privilege or immunity rather, growing out of the inappreciable damage that would be done: Railroad v. Skinner, supra; Knight v. Abert, 6 Barr 472. … Highways are established to accommodate travel alone, and it can hardly be, that unattended and loitering cattle are within the class.

Kerr v. Trego

47 Pa. 292 · Supreme Court of Pennsylvania · Jan 26, 1864

All bodies, except the supreme legislature, are under law, and, therefore for all transgression of law, are subject to the authority of the judicial power established by the constitution. … But the fact appears clearly and positively that it was not regularly organized.

Academy of Fine Arts v. Philadelphia County

22 Pa. 496 · Supreme Court of Pennsylvania · Jul 1, 1854

The principles of justice, and the well established rules of construction, are in harmony in their response to this question. … They advance the fame and fortunes of all who are qualified for the beautiful creations which belong to them.

Curran's Appeal

4 Pennyp. 331 · Supreme Court of Pennsylvania · Jan 10, 1884

Miller, 10 Barr, 337, to establish a different doctrine, but on the contrary, one quite consistent with it. There the attempt was to establish a formidable perpetuity by ‘tacking an insignificant charity’ to it. … S., 99. *341 This clearly, in our opinion, preserves the gift, and enables the Court so to administer it as to avoid any transgression of the law.”

Ski Roundtop, Inc. v. Commonwealth

520 Pa. 227 · Supreme Court of Pennsylvania · Feb 3, 1989

The more difficult question is whether it is a “new” substance within the criteria established. … Clearly the housewife who fills the ice trays and places them in the refrigerator to have ice available in the morning is not engaged in manufacturing ice.

Gilmor's Estate

158 Pa. 186 · Supreme Court of Pennsylvania · Nov 6, 1893

The note was payable one day after its date, and the payee would, in the absence of evidence qualifying her right, be entitled to interest upon it from its maturity at the legal rate. … In the adoption of this rate by the learned auditor the appellant secures the same interest he would have received if he had established his claim to the bonds.

Gaul v. Philadelphia

384 Pa. 494 · Supreme Court of Pennsylvania · Mar 13, 1956

There was, therefore, nothing more for the Director to establish. . .”. (Emphasis supplied). … What was there said is especially true when resort is had to the extraordinary remedy of mandamus where the right to the issuance of a peremptory writ must clearly appear. See: Travis v.

Lower Merion School District v. Doe

593 Pa. 437 · Supreme Court of Pennsylvania · Sep 26, 2007

voluntary *447 enrollment in a private school is the expense of the parents enrolling — the District need not pay that, and indeed is relieved of the cost it would otherwise expend on Doe’s behalf for such classes. 3 But clearly … A student may dually enroll in a private and public school: [T]he board of school directors in any school district may establish, equip, furnish, and maintain the following additional schools or departments ... namely: ..

Freezer Storage, Inc. v. Armstrong Cork Co.

476 Pa. 270 · Supreme Court of Pennsylvania · Jan 26, 1978

The majority opinion goes to great lengths to establish that there are “real distinctions” between those covered by the Act of 1965 and those who are not so covered. … Not only is the owner or person in control given no immunity; the statute takes away his action for indemnity against the architect or contractor. *286 The arbitrary quality of the statute clearly appears when we consider

Carstensen's Estate

196 Pa. 325 · Supreme Court of Pennsylvania · May 29, 1900

Many cases in our own and other states might be added to those cited by the court which clearly show the correctness’of his conclusions, but it is unnecessary. … The bequest is not qualified, but is absolute and immediate. There was no condition precedent attached to the gift which the legatees were required to fulfil prior to receiving the bequest.

R.P. Clarke Personnel, Inc. v. Commonwealth National Bank

384 Pa. Super. 524 · Supreme Court of Pennsylvania · May 23, 1989

Evans to an exclusive right to present qualified candidates for sixty days in consideration for its best efforts to locate and present three qualified candidates for each job opening. R.J. … Appellant clearly was on notice that both facts were in dispute.

Commonwealth v. Hawkins

553 Pa. 76 · Supreme Court of Pennsylvania · Aug 19, 1998

United States Supreme Court has declined to apply the federal exclusionary rule to constitutional violations that are not personal to the defendant. 4 See Jones, 362 U.S. at 261 , 80 S.Ct. at 731 (stating that “[i]n order to qualify … Greenwood, 301 N.C. 705 , 273 S.E.2d 438 (1981) (immunity from unreasonable searches and seizures is a privilege personal to those whose rights have been infringed); State v.

Bayview Loan Servicing LLC v. Wicker

206 A.3d 474 · Supreme Court of Pennsylvania · Mar 28, 2019

He further established that this process is part of “regularly conducted activity at Bayview.” Id. at 14. … The court observed that the earlier document clearly indicated that additional interest and charges would continue to accrue. 5 Prior to trial, the court had issued opinions and orders addressing the numerous motions filed