Case law

Commonwealth v. Strong

522 Pa. 445 · Supreme Court of Pennsylvania · Jul 26, 1989

As they were relevant in establishing the location of the shooting and the condition of the body when it was found, their admission was not error. … qualified”.

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

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.

In re Thirty-third Statewide Investigating Grand Jury

624 Pa. 361 · Supreme Court of Pennsylvania · Feb 18, 2014

. § 732-208, 3 eliminates, modifies or otherwise qualifies privileges for Commonwealth agencies. … The OAG states that it seeks communications between and among the attorneys and staff of the Commission; according to the OAG, these are clearly “books and papers,” and the Commission is clearly a Commonwealth agency.

Commonwealth v. Strickland

457 Pa. 631 · Supreme Court of Pennsylvania · Oct 16, 1974

The infrequency, irregularity, and brevity of the appellant’s visits made any expectation of privacy he might have had clearly unreasonable. … In these circumstances, appellant’s claim of regular and frequent use, if true, is sufficient to establish a justifiable expectation of privacy.

Picpa v. Bd. of Finance & Revenue

535 Pa. 67 · Supreme Court of Pennsylvania · Nov 19, 1993

Despite this acknowledgment and the fact that the Pennsylvania Constitution clearly requires that an institution be a purely public charity before it can be exempt from taxation, the Opinion Announcing the Judgment of the … To qualify as a nonprofit organization, the organization must be: 1.) a permanent organization or an establishment created and existing by law or by public authority; 2.) operating without any pecuniary profit to any officer

Essinger v. New Castle

275 Pa. 408 · Supreme Court of Pennsylvania · Jan 3, 1923

L. 568, and supplementary legislation, and thus acquired the power to establish a paid fire department. In 1917 (Act May 3, 1917, P. … Essinger, relator in the present proceeding, after examination, qualified as one of the authorized force of thirty-six salaried firemen.

Beaver's Administrator v. McGrath

50 Pa. 479 · Supreme Court of Pennsylvania · Jun 29, 1865

Baron Martin says, “ It seems clearly established by *485 the authorities that, with respect to those persons who have no notice of the terms of the partnership, the stockholders and partners in joint stock companies are … But a qualified agreement of this character must be proved, and is never presumed without some reasonable proof thereof.”

Costello v. Costello

191 Pa. 379 · Supreme Court of Pennsylvania · May 8, 1899

It seems to us that the parties being qualified to testify fully, against each other are clearly within the purview of section 7 of the act aforesaid. … that he admitted the respondent “ into conjugal society or embraces after he knew of the criminal facts ” which are the alleged ground of his application for a divorce, they would not have criminated him but would have established

Reber's Petition

235 Pa. 622 · Supreme Court of Pennsylvania · Apr 8, 1912

proceedings, and thereupon filed exceptions to the petition, alleging that the act under which it was filed is unconstitutional, because (1) it contains more than one subject, and (2) the subjects contained in the act are not clearly … The qualifications of members of the Board are defined and provisions made for declaring the office vacant when a member ceases to be qualified, and for filling vacancies. Section 2.

Commonwealth, Aplt. v. Burton, S.

638 Pa. 687 · Supreme Court of Pennsylvania · Mar 28, 2017

no room for concepts of relaxed vigilance or diminished diligence,” Judge Olson stated: because a PCRA petitioner carries the burden to plead and prove that a timeliness exception applies, a fair reading of the case law clearly … To qualify for an exception to the PCRA’s time limitations under subsection 9545(b)(l)(ii), a petitioner need only establish that the facts upon which the claim is based were unknown to him and could not have been ascertained

Bracken v. Pennsylvania Railroad

222 Pa. 410 · Supreme Court of Pennsylvania · Jan 4, 1909

Clearly this answer went wide of the mark, because- of a misapprehension of what was included in the point submitted. The attention of the trial judge should have been called to the mistake. … The cause of action was in the legal plaintiffs alone, and the party marked as use plaintiff, if he had any rights whatever in the action, could recover them only as the cause of action in the legal plaintiffs was established

Commonwealth v. Kratsas

564 Pa. 36 · Supreme Court of Pennsylvania · Jan 8, 2001

The court’s handling was clearly appropriate to the circumstances and judicious in administration. … See also Guzman, 968 P.2d at 209-10 (cautioning that a due process reliance doctrine is only applicable in a narrow range of circumstances and where essential elements are clearly established); United States v.

Gulf Oil Corp. v. Mays

401 Pa. 413 · Supreme Court of Pennsylvania · Oct 10, 1960

But both amendatory acts provide that the grant of immunity from federal proscription “shall not make lawful any contract or agreement, providing for the establishment or maintenance of minimum resale prices on any commodity … By its very nature, the gasoline industry does not clearly appear to be appropriately suitable for fair-trade usages.

Jones v. Treegoob

433 Pa. 225 · Supreme Court of Pennsylvania · Jan 15, 1969

The liability aspects of the plaintiff’s case were, for the most part, established by one Michael A. Gimbel, an expert witness. … Gimbel’s opinion as to the cause of the window-breaking was conjecture based oh a theory unsupported by sufficient established facts.

Roberts's Appeal

59 Pa. 70 · Supreme Court of Pennsylvania · May 18, 1868

Rex, 6 Id. 14, clearly establish the rule, that primá, facie the gift of the product of a fund is a gift of that product in perpetuity, and consequently a gift of the fund itself. … No words are used to qualify the bequest in this case; and therefore there is full play for the principles which which gives to it the quality of a vested interest upon the princi-. pies referred to.

POM of PA v. Dep't of Rev.; Apl. of: Dep't of Rev.

Supreme Court of Pennsylvania · Jun 15, 2026

instead of only to the immediately preceding one.”198 Because such is not the case here, we lean toward the “well-established cannon of construction that courts should generally apply qualifying words or phrases to the … Cmwlth. 1989)) (“Qualifying words ‘do not extend to or include other words, phrases, or clauses more remote, unless such extension or inclusion is clearly required by the intent or meaning of the context or disclosed by an

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.

Commonwealth v. Smith

511 Pa. 343 · Supreme Court of Pennsylvania · Jul 29, 1986

Thus, it was established that the shooting was intentional rather than accidental. … “The only issue is whether the area is adequately, accurately and clearly presented to the jury for their consideration.” Id.

Hummel v. Smith

301 Pa. Super. 276 · Supreme Court of Pennsylvania · Jul 2, 1982

[B]ecause of its recognized capacity to definitively exclude a high percentage of putative fathers, the availability of scientific blood test evidence clearly [is] a valuable procedural safeguard .... … deleted) (citations omitted). 3 , 4 Pennsylvania has long accepted the utility and accuracy of blood group tests as a means of establishing non-paternity.