Case law

Hinnershitz v. United Traction Co.

206 Pa. 91 · Supreme Court of Pennsylvania · May 11, 1903

By this was meant that they were established as rules of equity practice in all the courts of the commonwealth, and must be followed and enforced as such. … It is a qualified and limited right of eminent domain as against the turn *100 pike company.

Abraham v. Shapp

484 Pa. 573 · Supreme Court of Pennsylvania · May 3, 1979

Clearly, section 13(a) sets forth a general mandate [4] that judges are to be elected. Cf. Berardocco v. Colden, supra. … The majority rewrites art. 5, § 15(b) of the Pennsylvania Constitution and reads into it requirements that are clearly not there.

Devlin v. City of Philadelphia

580 Pa. 564 · Supreme Court of Pennsylvania · Dec 6, 2004

Contrary to the trial court, the Commonwealth Court first held that “the City clearly was without authority to legislate in the field of domestic relations by defining and creating a new marital status” and that “the General … In that regard, the court cited to decisions of other courts in support of its underlying premise that domestic relations law is clearly an area of state concern. Id. (citing Adler v.

Commonwealth v. Miller

490 Pa. 457 · Supreme Court of Pennsylvania · Jul 3, 1980

After hearing Miller assert Goldblum was alone involved in the stabbing, Murovich agreed to be Miller’s counsel if Miller took a lie detector test and it established his innocence. … Peters, 473 Pa. 72 , 373 A.2d 1055 (1977) (promise of immunity).

Apt Assoc of Metro Pgh v. City of Pgh, Aplt.

Supreme Court of Pennsylvania · Oct 21, 2021

A majority of this Court concluded that Pittsburgh qualified. … Where the General Assembly expressly grants clearly delineated authority, we presume that it does not intend to confer additional authority by implication.

Velasquez, L., Aplt v. Miranda, L.

Supreme Court of Pennsylvania · Aug 29, 2024

HIAS reviews the custody court’s factual findings, see HIAS’s Brief at 18-27, and argues these findings clearly support predicate SIJ determinations for Children. … This statutory scheme clearly assigns state courts the initial evaluation of the predicate SIJ factors.

In Re Estate of Lux

480 Pa. 256 · Supreme Court of Pennsylvania · Jul 14, 1978

The signed signature card was clearly sufficient to establish prima facie an inter vivos gift from the decedent to appellant. … To require a new executor to qualify and to administer the estate would cause delay and additional expense.

Commonwealth Ex Rel. Margiotti v. Sutton

327 Pa. 337 · Supreme Court of Pennsylvania · Jun 7, 1937

In considering the case we apply the familiar rule that legislation is presumed constitutional until the contrary clearly appears. 2 The Act was approved April 28,1937, P. … The Act qualifies a Family Court judge to sit as a judge of the common pleas; the judges of both courts must possess the same qualifications.

Farmers Trust Co., Excr. v. Wilson Et Ux.

361 Pa. 43 · Supreme Court of Pennsylvania · Nov 10, 1948

date of execution of a will, if the. words employed to express the intent have a legal or technical meaning, they are to be so interpreted according to the law in.effect at the testator’s death unless the will contains a clearly … Testamentary designations of distributees as “heirs”, “next of kin” or “those entitled under the intestate laws” include persons who so qualify according to the law extant at the testator’s death: cf.

Chanceford Aviation Properties, L.L.P. v. Chanceford Township Board of Supervisors

592 Pa. 100 · Supreme Court of Pennsylvania · May 31, 2007

This sentence clearly provides the legislature’s purpose in enacting this statute— preventing the creation or establishment of airport hazards. 3 It also clearly states that every municipality having an airport hazard area … The legislature’s use of the term “shall” clearly establishes that municipalities must comply with this mandate.

Unangst's Appeal

333 Pa. 489 · Supreme Court of Pennsylvania · Jan 23, 1939

In the interest of establishing a sound financial status and a definitely fixed liability, the law requires those desiring to attack the controller’s report to act within a specified time. … This is clearly not the *496 law. See Com. ex rel. Kelley v. Pommer, 330 Pa. 421 . The validity of the belated report, however, does not render the controller immune from responsibility for his default. See Deibert v.

Baringer v. Stiver

49 Pa. 129 · Supreme Court of Pennsylvania · Feb 13, 1865

We have no reason to qualify or doubt any of them.” Manderback v. … We adhere to the settled doctrine, that it is only when the *133 property acquired after marriage has been paid for with her own separate estate, clearly and satisfactorily established, it is hers, and is protected from her

Procz v. American Steel & Wire Co.

318 Pa. 395 · Supreme Court of Pennsylvania · Apr 1, 1935

But whether this evidence overcame the prima facie case established on plaintiffs’ side was for the jury to determine. … clearly not excessive.

Musko v. Musko

548 Pa. 378 · Supreme Court of Pennsylvania · Jun 18, 1997

The majority's interpretation of the pre-nuptial agreement is contrary to this Commonwealth's established law concerning contract interpretation. … Moreover, unless the parties manifest a clear intent to the contrary, specific terms will be assumed to qualify general terms. In re Alloy Manufacturing, 411 Pa. 492 , 192 A.2d 394 (1963).

Commonwealth v. Ayers

363 Pa. Super. 232 · Supreme Court of Pennsylvania · May 14, 1987

The Rules clearly state that the judge is the final arbiter as to who enters ARD. … We believe it is reasonable to assume that Justice Flaherty meant the court must approve the defendant if he is qualified under the statutory criteria.

Commonwealth v. Petroll

558 Pa. 565 · Supreme Court of Pennsylvania · Jul 22, 1999

Similarly, Section 4704(a)(2) permits police or other qualified state officials to execute an established vehicle inspection program. … Three drivers testified that Appellant was driving over the speed limit, although traffic had clearly come to a stop.

Commonwealth v. McKinley-Gregg Automobile Co.

345 Pa. 544 · Supreme Court of Pennsylvania · Oct 2, 1942

Appellee is thus clearly liable for the minimum tax, and we can perceive of no sound reason why it is not also obligated to pay the further assessment based on gross receipts. … The statute coneededly contains no provision that would absolve it and, therefore, all doubts as to the legislative intent on the subject must be resolved in favor of the validity of the levy, under the established rule that

In Re Nominating Petitions of Duffy

535 Pa. 286 · Supreme Court of Pennsylvania · Nov 3, 1993

There, the Objection “set forth general allegations that ‘many’ signatures were not of persons qualified to sign or were forged. … The Objection clearly indicates the page number of the signatures being challenged.

Commonwealth v. Campbell

539 Pa. 212 · Supreme Court of Pennsylvania · Dec 28, 1994

Appellant should not benefit from such doubt since the evidence established beyond a reasonable doubt that Appellant conspired to sell drugs. … In both instances, the jury is presented with the same evidence in the same trial and returns a verdict which is clearly inconsistent. *221 Our decision today is also in accord with substantial federal case law. U.S. v.

Commonwealth v. Ali

624 Pa. 309 · Supreme Court of Pennsylvania · Feb 18, 2014

Because he fails to establish this claim by a preponderance of the evidence, we affirm. Over twenty-two years ago, on November 12, 1991, a jury sentenced Appellant to death for the murder of Sheila Manigault. … At a hearing on March 30, 2007, the Commonwealth asserted that since appellant clearly had no desire to cooperate with the Federal Defender or undergo further competency evaluation by doctors, the Grazier hearing should proceed