Case law

Giacobbe v. South Phila. Victory Laundry, Inc.

36 Pa. D. & C. 685 · Pennsylvania Court of Common Pleas, Philadelphia County · Jun 30, 1939

There has been no decision on the merits of the appeal here; the appeal was a nullity and the quashing of it was merely a judicial recording of that fact: Walatka v. Levin et al., 100 Pa. Superior Ct. 489 ; Wilson v. … Claimant cites Hines v. Viscose Co., 118 Pa.

Bryan v. Barber Asphalt Paving Co.

7 Pa. D. & C. 472 · Pennsylvania Court of Common Pleas, Philadelphia County · Mar 30, 1926

There was no evidence of a defect in the board before the accident or that an inspection would have disclosed a defect. In Fitzpatrick v. Penfield, 267 Pa. 564 -577, Mr. … And in Stearns v.

Heston v. Saul

70 Pa. D. & C. 151 · Pennsylvania Court of Common Pleas, Philadelphia County · Oct 27, 1949

In Day et al. v. Amwell Township School District, 283 Pa. 248 , the taxpayer sought to enjoin a school board from uniting with adjacent school districts in the erection of a joint high school. … The same principle was applied in the recent case of Regan et al. v.

Lacroix v. Macquart

1 Miles 156 · Pennsylvania Court of Common Pleas, Philadelphia County · Mar 26, 1836

The Mechanics Bank v. … The first is Brown v. Fox, 2 Yeates 530 , in which the court say: “ regularly, there can be no discontinuance without leave of the court.” The other case is Pollock v.

Keystone State Corp. v. Union Indemnity Co.

43 Pa. D. & C. 69 · Pennsylvania Court of Common Pleas, Philadelphia County · Oct 29, 1941

“But debts due by the state and federal and subordinate governments cannot be reached in this way, because the government cannot be brought into court as garnishee”: King, Brown & Co. v. Hyatt, 41 Pa. 229, 233 . … & Co. v.

Philadelphia v. Schreiber

6 Pa. D. & C.3d 255 · Pennsylvania Court of Common Pleas, Philadelphia County · Jul 1, 1977

The cases make clear that an attack on the jurisdiction of a decision-rendering court or board may always be raised in a collateral proceeding: Smith v. Gallagher, 408 Pa. 551 , 185 A. 2d 135 (1962). … Ahrens, 379 Pa. 330 , 108 A. 2d 693 (1954); Fleming v. Strayer, 367 Pa. 284 , 80 A. 2d 786 (1951); Blum v. Goldman, 366 Pa. 527 , 79 A. 2d 248 (1951); Jones v. Costlow, 354 Pa. 245 , 47 A. 2d 259 (1946). In Hochman v.

Zach v. Bak

83 Pa. D. & C. 119 · Pennsylvania Court of Common Pleas, Philadelphia County · Sep 12, 1952

E. 2d 885 (1948); Brown et al. v. Stapleton, 216 Ind. 387 , 24 N. E. 2d 909 (1940); Lane et al. v. Lloyd et al., 33 Ky. L. Rep. 570, 110 S. W. 401 (1908); Kline et *120 al. v. … Inland Rubber Corp., (Md.), 69 A. 2d 774 (1949); Brown v. True et al., 123 Me. 288 , 122 Atl. 850 (1923); Kelly v. Kelly, 54 Mich. 30 , 19 N. W. 580 (1884); Hecht v. Anthony et al., 204 Minn. 432 , 283 N.

Grabosky v. Mclaughlin

36 Pa. D. & C. 215 · Pennsylvania Court of Common Pleas, Philadelphia County · Aug 29, 1939

In O’Boyle et al. v. … And in Fulkerson v.

Coalition for a Thorough & Efficient Educational System v. Marcase

2 Pa. D. & C.3d 545 · Pennsylvania Court of Common Pleas, Philadelphia County · Jun 10, 1977

of the limited powers vested in it: Barth v. … broad managerial and discretionary power possessed by the school board to operate the public schools and determine policy therefor: State College Education Assn. v.

Stones v. Philadelphia Zoning Bd. of Adjustment

17 Pa. D. & C.5th 30 · Pennsylvania Court of Common Pleas, Philadelphia County · Aug 30, 2010

Where no further evidence is gathered, the court limits its scope of review of the ZBA to “whether the board committed a manifest abuse of discretion or an error of law...” Valley View Civic Ass ’n. v. … When the reviewing court considers no further evidence, “questions of credibility and evidentiary weight *34 are solely the province of the zoning hearing board.” Whitpain Township Bd. of Supervisors v.

Commonwealth ex rel. Cavallucci v. Burke

84 Pa. D. & C. 449 · Pennsylvania Court of Common Pleas, Philadelphia County · May 27, 1952

Allen v. Baldi, C. P. … However, it is not within our province nor within our power to act as a Pardon Board. The death of the late President Judge Harry S.

Staples v. McShain

70 Pa. D. & C. 556 · Pennsylvania Court of Common Pleas, Philadelphia County · Feb 1, 1950

Superior Ct. 192 ), and appellants have the burden of showing affirmatively that the board abused its discretion: Perelman et al. v. Yeadon Borough Board of Adjustment et al., 144 Pa. … President Judge Bok in Elvan v.

Gay v. Cooper

48 Pa. D. & C.3d 512 · Pennsylvania Court of Common Pleas, Philadelphia County · Feb 8, 1988

Mennonite Board of Missions v. Adams, 462 U.S. 791 (1983). See also, First Pa. Bank v. Lancaster County Tax Claim Bureau, 504 Pa. 179 , 470 A.2d 938, 941 (1983). … v.

Carter v. Weiner

75 Pa. D. & C.2d 37 · Pennsylvania Court of Common Pleas, Philadelphia County · Dec 8, 1975

Brown v. Hahn, 419 Pa. 42 , 213 A. 2d 342 (1965). Failure to reinstate a complaint in trespass within the applicable two-year period operates to bar the claim: Rufo v. … Compare, for example, Baum v. Allstate Insurance Company, 40 D. & C. 2d 315 (C. P. Phila., 1966), opinion by McDevitt, P.J.

Philadelphia School District v. August

25 Pa. D. & C.2d 189 · Pennsylvania Court of Common Pleas, Philadelphia County · Mar 31, 1961

There were two charges against him and, if either of them can be sustained, his dismissal was justified: Board of Public Education, School Dist. of Phila., v. Beilan, 386 Pa. 82, 94 (1956). … This court reversed the Superintendent of Public Instruction, and the Supreme *194 Court reversed this court (Board of Public Education v. Beilau, 386 Pa. 82 ).

Rau v. City of Philadelphia

44 Pa. D. & C. 679 · Pennsylvania Court of Common Pleas, Philadelphia County · Jul 3, 1942

His judgment was that the authority to fix the salaries was conferred upon the board of prison inspectors by the Act of April 14, 1835, P. L. 232, sec. 2, 61 PS §624, and has not been repealed, citing Graham v. … The case of Commonwealth ex rel Kelley v.

Coalition for Better Transportation in the City v. Southeastern Pennsylvania Transportation Authority

6 Pa. D. & C.3d 422 · Pennsylvania Court of Common Pleas, Philadelphia County · Dec 22, 1977

The case of Philadelphia v. SEPTA, supra, is also relevant on its facts. In that case the city appealed the SEPTA board override of a city veto of a fare increase. … In the case of Philadelphia v.

Smith v. City of Philadelphia

28 Pa. D. & C.4th 97 · Pennsylvania Court of Common Pleas, Philadelphia County · Feb 15, 1996

The board is required by the Home Rule Charter to comply with the solicitor’s opinions. See e.g., Philadelphia Department of License & Inspections v. … See e.g., Philadelphia Board, of License & Inspection Review v. 2600 Lewis Inc., 661 A.2d 20 (Pa. Commw. 1995). .

Paynter v. Clegg

2 Foster 4 · Pennsylvania Court of Common Pleas, Philadelphia County · Dec 20, 1873

That some feeling exists among a portion of the members, and that there is a pending contest over the election for ¡Secretary and two member^ of the board of directors is apparent. … The Supreme Court decided, in Updegraff v. Crans, .it Wright, 103, that it was the appropriate statutory remedy, and ousted ■the equity jurisdiction of the court.

Genovese Appeal

18 Pa. D. & C.2d 585 · Pennsylvania Court of Common Pleas, Philadelphia County · Apr 8, 1959

Pittsburgh Housing Authority, 379 Pa. 566 (1955)), even though this court may have found differently; Pennsylvania Labor Relations Board v. Kaufmann Department Stores, Inc., 345 Pa. *591 398 (1942); Cage v. … In Eways v.