Case law

Sugar Notch Borough

192 Pa. 349 · Supreme Court of Pennsylvania · Jul 19, 1899

This is the rule established by all our cases. It is an application of the maxim expressio unius exclusio alterius. … The “ indebtedness ” which is to be adjusted clearly does not mean the borough debt in its relation to third persons.

Sirianni v. Nugent Brothers, Inc.

331 Pa. Super. 145 · Supreme Court of Pennsylvania · Jul 27, 1984

No qualified City inspector was available to check on Nugent as the regular inspector had been sick for quite some time. … We note initially that the record does not clearly indicate the entire procedure used by the City to award emergency demolition contracts.

Borough of Hanover v. Hanover Sewer Co.

251 Pa. 95 · Supreme Court of Pennsylvania · Oct 4, 1915

Offers of evidence as to these matters were clearly relevant, and should have been admitted. … Repr. 476, the Supreme Court of Wisconsin says: “The actual original cost of establishing the business of an existing plant, is clearly unsatisfactory to the last degree, as a test of going value, because it may have been

Warden v. Eichbaum

14 Pa. 121 · Supreme Court of Pennsylvania · Sep 15, 1850

When the plaintiff elected to pursue the land, a distinct proceeding pointing in a new direction became necessary, as was very clearly shoAvn in Atherton v. … Most frequently, this right is established by the exhibition of a legal title to the land itself, but this is by no means essential.

Renshaw v. Mayor of Philadelphia

248 Pa. 374 · Supreme Court of Pennsylvania · Mar 8, 1915

This intention clearly appears in the schedule annexed to and made part of that instrument. … If, however, central station be regarded, as we think it should be, simply as a police station where an alderman, or a person properly qualified and duly appointed, sat as a committing officer prior to the adoption of the

Wiley v. Woods

393 Pa. 341 · Supreme Court of Pennsylvania · May 26, 1958

funds by an agency or its acquisition, use or disposal of services or of supplies, materials, equipment or other property and any minute, order or decision by an agency fixing the personal or property rights, privileges, immunities … That the principle of due process is fully applicable to hearings before administrative tribunals is well established : Commonwealth ex rel. Chidsey v. Mallen et al., 360 Pa. 606 , 63 A. 2d 49 ; Pittsburgh v.

Commonwealth v. Smith

333 Pa. Super. 155 · Supreme Court of Pennsylvania · Sep 21, 1984

The legislature clearly intended a distinction between “robbery” and “theft.” … However, when the legislature used the same verb (“takes”) in one section without qualifier (“taken from the person”) and in another section with qualifier (“takes from the person ... by force however slight”), the legislature

Goodman Appeal

425 Pa. 23 · Supreme Court of Pennsylvania · Mar 14, 1967

In determining this appeal we bear in mind certain established legal principles: (1) “By a host of authorities in our own and other jurisdictions it has been established as an elementary principle of law that courts will … Under the distinction drawn in Baton, the instant sale was clearly a judicial sale.

Commonwealth v. Kravitz

400 Pa. 198 · Supreme Court of Pennsylvania · Apr 18, 1960

Bausewine, 354 Pa. 35 , 46 A. 2d 491 , which on its facts is clearly distinguishable. In that case the defendant was indicted for bribery. … Prior and subsequent decisions have likewise interpreted and limited the constitutional immunity from self-incrimination to speech, or the equivalent of speech, as former Chief Justice Stern so clearly said in Commonwealth

Hahn v. Liberty Mutual Insurance

336 Pa. Super. 329 · Supreme Court of Pennsylvania · Dec 14, 1984

Liberty Mutual first contends that the instant case is not ripe for summary judgment because: 1) the record does not establish that Matthew Hahn has incurred more than $50,000.00 in medical expenses and, 2) that the instant … Liberty Mutual argues that since Hahn is not the named insured or a. relative then Hahn must qualify as “any other person”.

Estate of Boies

177 Pa. 190 · Supreme Court of Pennsylvania · Oct 5, 1896

In construing a will, regard must, of course, be had to the established rules of construction, one of which requires that all the parts thereof must be considered with refereiace to each other, or as it is sometimes expressed … In the clause under consideration, the testator’s intention to-dispose of “ all the rest, residue and remainder of ” his estate both real and personal is clearly and emphatically expressed, and we find nothing in his will

Lauman's Appeal

8 Pa. 473 · Supreme Court of Pennsylvania · Jul 8, 1848

Though the language used, taken literally, may include it, yet, being without the circle of the mischief to be cured, it is clearly not embraced by the spirit of the act. … It stands unarmed by the shield of a judgment, and as the simple registry of it, enjoys not the immunity of a record: Davis v. Church, 1 W. & S. 240 .

Commonwealth v. Maxwell

505 Pa. 152 · Supreme Court of Pennsylvania · May 24, 1984

The prosecution-proneness of death qualified jurors is firmly established by the results of a definitive study of the question reported in Cowan, Thompson & Ellsworth, The Effects of Death Qualification, on Jurors’ Predisposition … The strong empirical evidence amassed in the wake of Witherspoon has been well summarized as follows: The evidence ... clearly establishes that a juror’s attitude toward the death penalty is the most powerful known predictor

Kusche v. Vulcanized Rubber & Plastics Co.

416 Pa. 364 · Supreme Court of Pennsylvania · Jan 5, 1965

In the reply to the hew matter, plaintiff admitted that he did not qualify under the Act of 1929, supra, but averred that his right to compensation was not barred “because the loan itself was not. to be secured by real estate … If this is examined and considered, appellant argues that the nature of the transaction clearly appears, and establishes that a working capital corporate loan was involved.

Bobick v. Fitzgerald

416 Pa. 588 · Supreme Court of Pennsylvania · Mar 16, 1965

Ries, 346 Pa. 10, 12 , 29 A. 2d 40 , it was argued that the Act of 1941 [5] which established a civil service system for borough police had the effect of amending the power of appointment of police officers given to the borough … The record clearly reveals the following: There is a duly constituted police force in Sayre; the Council of Sayre certified a vacancy on that police force and requested the civil service commission to certify qualified applicants

In re: Canvass of Provis. Ballots Appeal of Walsh

Supreme Court of Pennsylvania · Sep 13, 2024

Rather, Section 3150.16(b)(2) clearly pinpoints Section 3050(a.4)(1). … (emphasis added); see also 25 P.S. § 3150.12b (“The county board of elections, upon receipt of any application of a qualified elector under [25 P.S. § 3150.11 (concerning qualified mail-in electors)] shall determine the

Madera v. Monongahela Railway Co.

356 Pa. 460 · Supreme Court of Pennsylvania · Mar 27, 1947

“The seniority ratings thereby established were agreed upon in good faith for the common benefit of the Company and the employees as a whole, and were reported to the lodge [one of the defendants] at its regular meeting on … In 1934 her name had been dropped from the seniority roster, and in that year and again in 1936 she was refused re-employment for that reason, which was clearly stated to her.

Commonwealth ex rel. Judicial Conduct Board v. Griffin

591 Pa. 351 · Supreme Court of Pennsylvania · Mar 26, 2007

Spykerman, 421 A.2d at 649 . see also In re One Hundred or More Qualified Electors of Clairton, 546 Pa. 126 , 683 A.2d 283, 286-87 (1996) (finding qualified electors lacked standing to bring an action in quo warranto for … Petitioner, as noted supra, is a constitutionally-created entity of clearly delineated and limited authority.

Schrack v. McKnight

84 Pa. 26 · Supreme Court of Pennsylvania · May 7, 1877

Three rules, in regard to the liability of a principal for the acts of one professing to be his agent, are pretty well established : 1. … It therefore follows that in so far as we have not qualified the language in the written points, the assignments are substantially sustained. Judgment reversed, and a venire facias de novo awarded.

Karns v. Tanner

66 Pa. 297 · Supreme Court of Pennsylvania · Oct 17, 1870

Co., 3 Binn. 306 , established the rule that a party making an assignment of his interest in the subject of the suit, to enable himself to testify for his assignee, is incompetent as a witness. … Now without very clear authority to Homer to commit him to such an abandonment, the evidence of Homer’s declarations would be clearly incompetent.