337 A.2d 573 COMMONWEALTH of Pennsylvania v. Ronald H. ROBSON, Appellant. Supreme Court of Pennsylvania.Argued December 3, 1974. Decided May 13, 1975. Appeal from the Court of Common Pleas, Montgomery County, No. 120 January Term, 1973, David E. Groshens, J. Page 616 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]
Category: Pennsylvania Supreme Court Opinions
IN RE CONSTABLE OF NEW WASHINGTON BOR., 538 Pa. 103 (1994)
645 A.2d 1309 In re CONSTABLE OF NEW WASHINGTON BOROUGH. Appeal of Peter HENRY. Supreme Court of Pennsylvania.Submitted June 27, 1994. Decided August 25, 1994. Appeal No. 76 W.D. Appeal Dkt. 1993, from Order of Superior Court entered September 22, 1993 at No. 94 Pittsburgh Page 104 1993 transferring the appeal to the Supreme Court […]
COMMONWEALTH v. HUNTER, 468 Pa. 7 (1976)
359 A.2d 785 COMMONWEALTH of Pennsylvania v. John Louis HUNTER, Appellant. Supreme Court of Pennsylvania.Submitted May 3, 1976. Decided July 6, 1976. Appeal from the Common Pleas Court of Dauphin County, Criminal Division, No. 1994, Warren G. Morgan, J. Page 8 Anthony S. Federico, Harrisburg, for appellant. Marion E. MacIntyre, Second Asst. Dist. Atty., Harrisburg, […]
DORRIS v. LLOYD (No. 2), 375 Pa. 481 (1953)
100 A.2d 599 Dorris, Appellant, v. Lloyd (No. 2). Supreme Court of Pennsylvania.September 30, 1953. November 24, 1953. Practice — Quo warranto — Parties — Private persons — Special interest — County chairman of political party — Ouster of county commissioners for election law violations — Act of June 14, 1836, P. L. 621. 1. […]
COMMONWEALTH v. ELLIOTT, 292 Pa. 16 (1928)
140 A. 537 Commonwealth v. Elliott, Appellant. Supreme Court of Pennsylvania.January 3, 1928. January 23, 1928. Criminal law — Murder — Evidence — Admissions and declarations of defendant. 1. An “admission” by defendant, as applied in a criminal case, is a statement by defendant of a fact or facts pertinent to the issue and tending, […]
COM. v. DINCEL, 503 Pa. 41 (1983)
467 A.2d 1307 COMMONWEALTH of Pennsylvania v. Linda DINCEL, Appellant. Supreme Court of Pennsylvania.Argued December 1, 1983. Decided December 8, 1983. Appeal No. 67 E.D. Appeal Docket 1983, from Order of Superior Court at No. 598 October Term 1978, entered March 11, 1983, 311 Pa. Super. 470, 457 A.2d 1278, vacating Order of Court of […]
COM v. FREDERICK, 590 Pa. 674 (2006)
911 A.2d 1291 Com. v. Frederick. No. 504 MAL (2006).Supreme Court of Pennsylvania, Middle District. December 13, 2006. Appeal from the Pa.Super., 905 A.2d 1042. Dispositions of Petitions for Allowance of Appeals Denied. Page 675
COM. v. BRINKLEY, 593 Pa. 651 (2007)
933 A.2d 646 COMMONWEALTH of Pennsylvania, Petitioner, v. Kevin BRINKLEY, Respondent. No. 115 EM 2007.Supreme Court of Pennsylvania. September 18, 2007. ORDER PER CURIAM. AND NOW, this 18th day of September, 2007, the Petition for Special Assignment to Complete PCRA Proceeding is denied. Justice FITZGERALD did not participate in the consideration or decision of this […]
HRESKO ET UX. v. FED. ELECTRIC CO., INC., 301 Pa. 382 (1930)
152 A. 368 Hresko et ux. v. Federal Electric Co., Inc., Appellant. Supreme Court of Pennsylvania.October 1, 1930. November 24, 1930. Negligence — Fall of ladder on street — Pedestrian — Evidence — Case for jury. In an action by a pedestrian to recover damages caused by a falling ladder owned by defendant, the case […]
COM. v. CALDERON, 575 Pa. 701 (2003)
837 A.2d 1177 COMMONWEALTH OF PENNSYLVANIA, Respondent v. DENNIS CALDERON, Petitioner. No. 380 EAL 2002.Supreme Court of Pennsylvania, Eastern District. November 25, 2003. No. 380 EAL 2002, Petition for Allowance of Appeal from the Superior Court. ORDER PER CURIAM. AND NOW, this 25th day of November, 2003, the Petition for Allowance of Appeal is hereby […]
COM. v. MERCURIO, 37 WM 2009 (Pa. 12-21-2009)
COMMONWEALTH OF PENNSYLVANIA, Respondent v. MICHAEL MERCURIO, Petitioner. No. 37 WM 2009.Supreme Court of Pennsylvania, Western District. December 21, 2009. ORDER PER CURIAM. AND NOW, this 21st day of December, 2009, the Petition for Leave to File Petition for Allowance of Appeal Nunc Pro Tunc is GRANTED. See Pa.R.Crim.P. 122(B) (defendant has a right to […]
YOUNG v. NEW YORK AUTO CARRIER CO. ET AL., 364 Pa. 351 (1950)
72 A.2d 68 Young v. New York Auto Carrier Company et al., Appellants. Supreme Court of Pennsylvania.Argued January 5, 1950. March 20, 1950. Negligence — Automobiles — Driver temporarily blinded by lights of oncoming car — Collision with parked vehicle — Contributory negligence. Where plaintiff’s automobile ran into the rear of defendants’ tractor-trailer, and it […]
STONE CRUSHED PARTNERSHIP v. JACKSON, 577 Pa. 681 (2004)
843 A.2d 1239 STONE CRUSHED PARTNERSHIP AND ROBERT JAMES JACKSON v. KASSAB ARCHBOLD JACKSON O’BRIEN AND KASSAB ARCHBOLD O’BRIEN, L.L.P. AND EDWARD KASSAB, ESQUIRE AND WILLIAM C. ARCHBOLD, JR., ESQUIRE AND JOSEPH PATRICK O’BRIEN, ESQUIRE AND RICHARD A. STANKO, ESQUIRE. PETITION OF: ROBERT JAMES JACKSON. No. 391 MAL 2003.Supreme Court of Pennsylvania, Middle District. February […]
COM. v. HERNANDEZ, 596 Pa. 726 (2008)
945 A.2d 167 COMMONWEALTH OF PENNSYLVANIA, Respondent v. VIDAL HERNANDEZ, Petitioner. No. 630 EAL 2007.Supreme Court of Pennsylvania, Eastern District. March 26, 2008. Appeal from the Pa.Super., 943 A.2d 314. Dispositions of Petitions for Allowance of Appeals Denied.
KATZ v. PITTSBURGH MERCANTILE CO., 414 Pa. 638 (1964)
202 A.2d 25 Katz v. Pittsburgh Mercantile Company, Appellant. Supreme Court of Pennsylvania.April 30, 1964. July 1, 1964. Contract — Written contracts — Construction — Question of law. A clear and unambiguous written contract is to be construed by the court as a matter of law. Argued April 30, 1964. Before JONES, COHEN, EAGEN, O’BRIEN […]
COM. v. WORLDS, 474 Pa. 176 (1977)
377 A.2d 1377 COMMONWEALTH of Pennsylvania v. William WORLDS, Appellant. Supreme Court of Pennsylvania.Argued March 7, 1977. Decided October 7, 1977. Appeal No. 6 March Term, 1977, from the Judgment of Sentence in the Court of Common Pleas of Allegheny County, Pennsylvania, Criminal Division, at No. CC7508886; Robert E. Dauer, Judge. Lester Nauhaus, John R. […]
STARNER v. WIRTH, 440 Pa. 177 (1970)
269 A.2d 674 Starner v. Wirth, Appellant. Supreme Court of Pennsylvania.May 26, 1970. October 9, 1970. Negligence — Evidence — Opinion evidence — Questioning of adverse party by opposing counsel as to whether his speed was “excessive”. 1. In a motor vehicle collision case, an adverse party may not be questioned by opposing counsel as […]
COMMONWEALTH v. BROWN, 534 Pa. 479 (1993)
633 A.2d 1096 COMMONWEALTH of Pennsylvania, Appellant v. Samuel Lee BROWN, Appellee. Supreme Court of Pennsylvania.Submitted December 3, 1991. Decided November 4, 1993. Appeal from the Court of Common Pleas, Philadelphia County, Criminal Trial Division, Nos. 86-03-3868, 3871, 3872, 3874 and 3878. Page 480 Ronald Eisenberg, Deputy Dist. Atty., Catherine Marshall, Chief, Appeals Div., for […]
MILLER v. LUTHERAN CONFERENCE AND CAMP ASS’N, 331 Pa. 241 (1938)
200 A. 646 Miller et al. v. Lutheran Conference and Camp Association, Appellant. Supreme Court of Pennsylvania.April 13, 1938. June 30, 1938. Deeds — Construction — Waters — Non-navigable lakes — Trespass — Easement in gross — Assignability — Boating, fishing, bathing rights — Title by prescription — Divisibility of easement. 1. No riparian rights […]
PINEDA v. BRIDGEHOUSE, 517 Pa. 55 (1987)
534 A.2d 755 James H. PINEDA, Appellant, v. Earl S. BRIDGEHOUSE. Supreme Court of Pennsylvania.Argued November 11, 1987 Decided December 4, 1987. Reargument Denied January 15, 1988. Appeal No. 9 E.D. Appeal Dkt. 1986, from Order of Superior Court 345 Pa. Super. 630, 496 A.2d 859 (1985), entered May 17, 1985, at No. 1202 Philadelphia […]
SPECK CADILLAC-OLDS, INC. v. GOODMAN, 373 Pa. 83 (1953)
95 A.2d 191 Speck Cadillac-Olds, Inc., Appellant, v. Goodman. Supreme Court of Pennsylvania.November 18, 1952. February 13, 1953. Sales — Title — Possession — Intention of parties — Estoppel — Indicium of title — Motor vehicles — Certificate of title — Vehicle Code — Replevin. 1. The rule of law that the passage of title […]
OFFICE OF DISCIPLINARY COUN. v. ARCURI, 140 DB 2005 (Pa. 6-6-2007)
OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. FRANK C. ARCURI, Respondent. No. 140 DB 2005, 1131 Disciplinary Docket No. 3.Supreme Court of Pennsylvania. June 6, 2007. Attorney Registration No. 21317, York County. ORDER PER CURIAM: AND NOW, this 6th day of June, 2007, on certification by the Disciplinary Board that the respondent, Frank C. Arcuri, who […]
SANDERS v. PENNSYLVANIA R. R. CO., 336 Pa. 424 (1939)
9 A.2d 413 Sanders v. Pennsylvania Railroad Company, Appellant. Supreme Court of Pennsylvania.September 29, 1939. November 27, 1939. Negligence — Automobiles — Contributory negligence — Railroads — Grade crossing collision — Negative testimony — Question for jury. 1. Direct assertions, by witnesses who were in a position to know, that a locomotive whistle was not […]
COMMONWEALTH v. FOWLER, 466 Pa. 198 (1976)
352 A.2d 17 COMMONWEALTH of Pennsylvania, Appellee, v. Clarence FOWLER, Appellant (two cases). Supreme Court of Pennsylvania.Argued: May 3, 1974. Decided: January 29, 1976. Rehearing Denied March 5, 1976. Appeal from the Court of Common Pleas, Trial Division, Criminal Section, Philadelphia County, Nos. 852 and 853 September Term, 1970 and Nos. 2075 and 2076 May […]
IN RE ORDER AMENDING PA. R.A.P. 1301, 186 (Pa. 6-26-2007)
IN RE: ORDER AMENDING PA. R.A.P. 1301 and 2187. No. 186.Supreme Court of Pennsylvania. June 26, 2007. Appellate Procedural Rules, Docket No. 1. ORDER PER CURIAM: AND NOW, this 26th day of June, 2007, upon the recommendation of the Appellate Court Procedural Rules Committee, this recommendation having been submitted without publication in the interest of […]
LOWE’S ESTATE, 326 Pa. 375 (1937)
192 A. 405 Lowe’s Estate. Supreme Court of Pennsylvania.March 30, 1937. May 27, 1937. Wills — Construction — Bequest for charitable use — Charity maintained by organization — Limitation of benefits to members — Contractual rights to benefits — Surrender of property upon admission to benefits — Invalid bequest for charitable use — Death of […]
INGRAM v. HAAS, 584 Pa. 677 (2005)
880 A.2d 1239 DOLORES J. INGRAM, Respondent v. EDWARD HAAS, Petitioner. Supreme Court of Pennsylvania, Middle District. August 2, 2005. No. 217 MAL 2005, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM AND NOW, this 2nd day of August 2005, the Petition for Allowance of Appeal is DENIED.
OFFICE OF DISCIPLINARY COUNSEL v. ALAMGIR, 579 Pa. 684 (2004)
858 A.2d 608 OFFICE OF DISCIPLINARY COUNSEL, Petitioner v. MOHAMED ALAMGIR, Respondent. No. 966 Disciplinary Docket No. 3.Supreme Court of Pennsylvania. September 28, 2004. No. 966 Disciplinary Docket No. 3, Disciplinary Board No. 125 DB 2004, File No. C3-04-494, Attorney Registration No. 65321. ORDER PER CURIAM: AND NOW, this 28th day of September, 2004, there […]
COM. v. HAMLIN, 503 Pa. 210 (1983)
469 A.2d 137 COMMONWEALTH of Pennsylvania, Appellee, v. Roy L. HAMLIN, Appellant. Supreme Court of Pennsylvania.Argued September 13, 1983. Decided December 28, 1983. Reargument Denied February 28, 1984. Appeal from the Superior Court, at No. 505 Pittsburgh, 1981, 302 Pa. Super. 86, 448 A.2d 538. Page 211 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]
IN RE RULES OF CIVIL PROCEDURE 311.1, 471 (Pa. 2-7-2007)
IN RE: PROMULGATION OF NEW RULE 3111.1 AND AMENDMENT OF RULES 3111, 3146, 3252 AND 3253 GOVERNING EXEMPTION OF CERTAIN FUNDS FROM EXECUTION. No. 471.Supreme Court of Pennsylvania. February 7, 2007. Civil Procedural Rules, Docket No. 5. ORDER PER CURIAM: AND NOW, this 7th day of February, 2007, the Pennsylvania Rules of Civil Procedure are […]
COM. v. SATERSTAD, 1044 MAL 2005 (Pa. 4-11-2006)
897 A.2d 1184 COMMONWEALTH OF PENNSYLVANIA, Respondent v. EDWARD SATERSTAD, Petitioner. No. 1044 MAL 2005.Supreme Court of Pennsylvania, Middle District. April 11, 2006. No. 1044 MAL 2005, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM AND NOW, this 11th day of April 2006, the Petition for Allowance of […]
FINUCANE v. MILK MARKETING BD., 530 Pa. 205 (1992)
607 A.2d 1076 Thomas J. FINUCANE, Individually and on behalf of other Area 4 Milk Consumers, Appellants v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA MILK MARKETING BOARD, Appellee, and Pennsylvania Food Merchants’ Association and South Central Milk Dealers Association, Intervenors. Supreme Court of Pennsylvania.Argued May 6, 1992. Decided June 11, 1992. Appeal No. 55 M.D. Appeal Dkt. […]
SUMMIT TOWNE CENTRE v. SHOE SHOW OF ROCKY MOUNT, 573 Pa. 637 (2003)
828 A.2d 995 SUMMIT TOWNE CENTRE, INC., A PENNSYLVANIA CORPORATION, Appellee v. THE SHOE SHOW OF ROCKY MOUNT, INC., A NORTH CAROLINA CORPORATION, D/B/A SHOE DEPARTMENT, Appellant. [J-14-2003].Supreme Court of Pennsylvania, Western District.ARGUED: March 4, 2003. July 21, 2003. No. 44 WAP 2002, Appeal from the Order of the Superior Court entered October 26, 2001 […]
CREIGHAN v. PITTSBURGH, 389 Pa. 569 (1957)
132 A.2d 867 Creighan v. Pittsburgh, Appellant. Supreme Court of Pennsylvania.March 22, 1957. May 27, 1957. Municipalities — Employes — Firemen — Tuberculosis of respiratory system — Temporary disability — Compensability — Acts of June 28, 1935, P. L. 477, May 16, 1951, P. L. 301 and September 27, 1951 P L. 1473. 1. The […]
COMMONWEALTH v. HAVEG INDUSTRIES, 411 Pa. 515 (1963)
192 A.2d 376 Commonwealth, Appellant, v. Haveg Industries. Supreme Court of Pennsylvania.May 27, 1963. July 2, 1963. Taxation — Realty transfer tax — Machinery and equipment — The Realty Transfer Tax Act of 1951, P.L. 1742. 1. The Realty Transfer Tax Act of 1951, P.L. 1742, as amended, which imposes a tax upon a conveyance […]
IN MATTER OF SCHELL, 223 DB 2010 (Pa. 1-6-2011)
In the Matter of WILLA HENDREN BROWN SCHELL PETITION FOR REINSTATEMENT FROM INACTIVE STATUS. No. 223 DB 2010 (No. 98 RST 2010) Attorney Registration No. 44573.Supreme Court of Pennsylvania. January 6, 2011. (Formerly Philadelphia). ORDER PER CURIAM. AND NOW, this 6th day of January, 2011, the Report and Recommendations of the Disciplinary Board dated December […]
GUZMAN v. BLOOM, 413 Pa. 576 (1964)
198 A.2d 499 Guzman v. Bloom, Appellant. Shank v. Bloom, Appellant. Supreme Court of Pennsylvania.November 15, 1963. March 17, 1964. Appeals — Review — Judgment n.o.v. — New trial. 1. In considering a motion for judgment lion obstante veredicto, the verdict winner must be given the benefit of the evidence which is most favorable to […]
PETITIONS FOR ALLOWANCE OF APPEAL, 540 Pa. 638 (1997)
Supreme Court of Pennsylvania. 1997 SUPREME COURT OF PENNSYLVANIA DISPOSITIONS OF PETITIONS FOR ALLOWANCE OF APPEAL 659 A.2d 557-562 Appeal from the Superior Court Allocatur Disposition Lower Court Docket and Appeal Docket orTitle Date Number Docket Citation Bank One, Columbus, N.A. v. Mazaika[*] 5/25/95 0031 Granted 439 Pa. Super. 95, E.D. (0031 E.D. 653 A.2d […]
SLOAN v. MILLER, 282 Pa. 1 (1924)
127 A. 230 Sloan v. Miller, Appellant. Supreme Court of Pennsylvania.October 16, 1924. December 1, 1924. Principal and agent — Sale of real estate — Duty of agent to principal — Duty of disclosure. 1. A fiduciary for the sale of property cannot act in the same capacity for the purchaser or interest himself to […]
PETITIONS FOR ALLOWANCE OF APPEAL, 546 Pa. 636 (1997)
Supreme Court of Pennsylvania. 1997 Com. v. Benevitch … 10/9/96 30 Denied 450 Pa.Super. M.D. 709, (1996) 676 A.2d 278 Com. v. Bink …….. 10/9/96 0340 Denied 451 Pa.Super. M.D. 645, (1996) 679 A.2d 842 Com. v. Bonace …… 9/4/96 01119 Denied 448 Pa.Super. W.D. 648, (1996) 671 A.2d 766 Com. v. Brooks …… 9/10/96 […]
PETITIONS FOR ALLOWANCE OF APPEAL, 527 Pa. 653 (1990)
490 A.2d 755Supreme Court of Pennsylvania. August 1991. Allocatur Disposition Lower Court Docket and Appeal Docket orTitle Date Number Docket Citation _________________ _______ ________ ___________ _______________ City of Hazleton v. City Council of City of Hazleton .. 4/1/91 903 E.D. Granted No. 1734 C.D. (1990) (76 E.D. 1989 1991) City of Phila., Petition of ……. […]
COM. EX REL. SANTIAGO v. MYERS, 440 Pa. 543 (1970)
271 A.2d 216 Commonwealth ex rel. Santiago, Appellant, v. Myers. Supreme Court of Pennsylvania.Submitted September 28, 1970. November 12, 1970. Criminal Law — Appeals — Waiver — Defendant convicted of murder in first degree and sentenced to life imprisonment — Fear of receiving death penalty on second trial — Decision not voluntary and intelligent waiver. […]
COM. v. OSTEEN, 509 WAL 2010 (Pa. 2-3-2011)
14 A.3d 826 COMMONWEALTH OF PENNSYLVANIA, Respondent v. BRIAN OSTEEN, Petitioner. No. 509 WAL 2010.Supreme Court of Pennsylvania, Western District. February 3, 2011. Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 3rd day of February 2011, the Petition for Allowance of Appeal is denied. Justice […]
COM. v. CLAUSNER, 312 WAL 2011 (Pa. 9-28-2011)
COMMONWEALTH OF PENNSYLVANIA, Respondent v. BRIAN R. CLAUSNER, Petitioner. No. 312 WAL 2011.Supreme Court of Pennsylvania, Western District. September 28, 2011. Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 28th day of September, 2011 the Petition for Allowance of Appeal is hereby DENIED. Page 1
RILEY v. McNAUGHER, 318 Pa. 217 (1935)
178 A. 6 Riley v. McNaugher, Appellant. Supreme Court of Pennsylvania.January 22, 1935. April 1, 1935. Negligence — Automobiles — Crossings — Duty to continue to look — Through highways — Rights of drivers — Act of June 22, 1931, P. L. 751. 1. An automobile driver, when about to cross a public highway, does […]
COM. v. ABRAMS, 461 Pa. 327 (1975)
336 A.2d 308 COMMONWEALTH of Pennsylvania, Appellee, v. Harry ABRAMS, Appellant. Supreme Court of Pennsylvania.Argued March 14, 1975. Decided April 17, 1975. Appeal from the Court of Common Pleas, Beaver County, Criminal Division, to No. 324 of 1971, Frank E. Reed, J. Page 328 Harry E. Knafelc, Asst. Public Defender, Beaver, for appellant. Joseph M. […]
BALLESTEROS v. BALLESTEROS, 586 Pa. 746 (2005)
892 A.2d 821 BALLESTEROS v. BALLESTEROS. No. 265 MAL (2005).Supreme Court of Pennsylvania. December 30, 2005. Appeal from the Superior Court Pa.Super., 873 A.2d 764. Disposition of petition for allowance of appeal. Denied.
N.E. OXFORD ENTER. v. PHIL TAX REVIEW BD, 629 EAL 2003 (Pa. 6-3-2004)
NORTHEAST OXFORD ENTERPRISES LP v. CITY OF PHILADELPHIA TAX REVIEW BD.; SHURGARD SELF STORAGE CENTER INC. v. CITY OF PHILADELPHIA TAX REVIEW BD. No. 629, 630, 631, 632, 633 EAL 2003.Supreme Court of Pennsylvania. June 3, 2004. Appeal from the Superior Court, Pa.Cmwlth., 834 A.2d 650. Disposition of petition for allowance of appeal Denied.
COM. v. HOLTZAPPLE, 388 MAL 2010 (Pa. 10-15-2010)
8 A.3d 898 COMMONWEALTH OF PENNSYLVANIA, Respondent v. STEPHEN C. HOLTZAPPLE, Petitioner. No. 388 MAL 2010.Supreme Court of Pennsylvania, Middle District. October 15, 2010. Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 15th day of October, 2010, the Petition for Allowance of Appeal is DENIED. […]
COM. v. CRAWFORD, 564 Pa. 724 (2001)
766 A.2d 1243 COMMONWEALTH OF PENNSYLVANIA, Respondent v. KEESHAWN CRAWFORD, Petitioner. Supreme Court of Pennsylvania, Middle District. February 15, 2001. Petition for Allowance of Appeal from the Order and Memorandum Opinion of the Superior Court No. 646 M.D. Alloc. Dkt. 2000. ORDER PER CURIAM: AND NOW, this 15th day of February, 2001, the Petition for […]
FAUST ESTATE, 364 Pa. 529 (1950)
73 A.2d 369 Faust Estate. Supreme Court of Pennsylvania.Argued April 14, 1950. May 22, 1950. Executors — Compensation — Amount — Discretion of court below — Appellate review — Will contest — Counsel for executor — Compensation. 1. A fiduciary’s compensation depends upon the extent and character of the labor and the responsibility involved. [530] […]
COM. v. JONES, 497 Pa. 423 (1982)
441 A.2d 1211 COMMONWEALTH of Pennsylvania v. Gerald JONES, Appellant. Supreme Court of Pennsylvania.Submitted January 19, 1982. Decided March 10, 1982. Appeal No. 415, January Term, 1979, from the Judgement of Sentence of the Court of Common Pleas of Philadelphia, Trial Division, Criminal Section, Bill No. 146 as of December Term, 1977; Armand Della Porta, […]
CLASSICAL REALTY CORP. v. BRENNAN, 597 Pa. 709 (2008)
951 A.2d 1159 CLASSICAL REALTY CORPORATION, Petitioner v. DANIEL J. BRENNAN, PAUL H. ROGERS AND THE POLARIS GROUP, INC., Respondents. No. 982 MAL 2007.Supreme Court of Pennsylvania, Middle District. June 26, 2008. Appeal from the Pa.Super., 943 A.2d 306. Dispositions of Petitions for Allowance of Appeals Denied. Justice TODD and Justice McCAFFERY did not participate […]
COM. v. NWADIORA, 588 Pa. 779 (2006)
906 A.2d 541 Com. v. Nwadiora. 88 EAL (2006).Supreme Court of Pennsylvania. August 29, 2006 Appeal from the Pa.Super., 895 A.2d 649. Dispositions of Petitions for Allowance of Appeals Denied.
COM. EX REL. v. RANDALL, 356 Pa. 302 (1947)
51 A.2d 751 Commonwealth ex rel. Reinhardt, Appellant, v. Randall. Supreme Court of Pennsylvania.January 6, 1947. March 29, 1947. Municipalities — Housing authorities — First class cities — City Controller — Members of authority — Removal — Constitutional Law — Article VI, section 4 — Housing Authorities Law. 1. Under Article VI, section 4 of […]
SENITA v. MARCY, 324 Pa. 199 (1936)
188 A. 153 Senita v. Marcy, Appellant. Supreme Court of Pennsylvania.September 30, 1936. November 23, 1936. Practice — Trial — Charge — Negligence case — Extent of injuries — Misquotation of testimony — Reasonableness of physician’s bill — Failure of counsel to refer to error. 1. In an action for personal injuries, the charge of […]
DIBERT v. DIBERT, 570 Pa. 686 (2002)
808 A.2d 572 ARLINE DIBERT N/K/A ARLINE MARCHLINSKI, Petitioner v. LEWIS DIBERT, Respondent. No. 460 MAL 2002.Supreme Court of Pennsylvania, Middle District. September 26, 2002. No. 460 MAL 2002, Petition for Allowance of Appeal from Order of the Superior Court. ORDER PER CURIAM: AND NOW, this 26th day of September 2002, the Petition for Allowance […]
COMMONWEALTH v. DAVIDHEISER, 582 Pa. 670 (2005)
868 A.2d 1196 COMMONWEALTH OF PENNSYLVANIA, Respondent v. DENNIS L. DAVIDHEISER, Petitioner. Supreme Court of Pennsylvania, Middle District. February 10, 2005. No. 887 MAL 2004, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 10th day of February 2005, the Petition for Allowance of Appeal is […]
IN RE CLARK, 602 Pa. 9 (2009)
977 A.2d 1089 In re Assignment of Judge Tama Myers CLARK. Petition of Court Administrator Zygmont A. Pines and the Honorable Pamela Pryor Dembe. No. 39 EM 2009.Supreme Court of Pennsylvania. July 29, 2009. Emergency Petition No. 39 EM 2009 for Issuance of Rule to Show Cause. ORDER PER CURIAM. AND NOW, this 29th day […]
RIECK ICE CREAM CO. APPEAL, 417 Pa. 249 (1965)
209 A.2d 383 Rieck Ice Cream Company Appeal. Supreme Court of Pennsylvania.September 30, 1964. February 25, 1965. Taxation — Real estate — Assessment — Determination of fair market value by court — Res judicata — Assessment for one year — Effect for subsequent year — Evidence — Value — Failure to rebut — Effect. 1. […]
GILBERT ESTATE, 350 Pa. 13 (1944)
38 A.2d 277 Gilbert Estate. Supreme Court of Pennsylvania.May 22, 1944. June 30, 1944. Orphans’ court — Jurisdiction — Unliquidated tort claim — Orphans’ Court Act of 1917 — Act of July 1, 1937, P. L. 2665 — Appeals — Review. 1. The Orphans’ Court does not have jurisdiction to adjudicate a claim against a […]
COM. v. CURTICIAN, 605 Pa. 679 (2010)
989 A.2d 914 COMMONWEALTH OF PENNSYLVANIA, Respondent v. STEVEN CURTICIAN, Petitioner. No. 487 WAL 2009.Supreme Court of Pennsylvania, Western District. February 16, 2010. Appeal from the Superior Court, Pa.Super., 984 A.2d 1010. Dispositions of Petitions for Allowance of Appeals Denied.
COM. v. GORE, 58 EM 2010 (Pa. 8-24-2010)
COMMONWEALTH OF PENNSYLVANIA, Respondent v. ANTHONY GORE, Petitioner. No. 58 EM 2010.Supreme Court of Pennsylvania, Eastern District. August 24, 2010. ORDER PER CURIAM. AND NOW, this 24th day of August, 2010, the “Petition for Leave to File Reargument Nunc Pro Tunc In Forma Pauperis,” treated as Petition for Relief pursuant to Pa.R.A.P. 123, is DENIED. […]
MARTORANO v. PHILADELPHIA BD., 598 Pa. 770 (2008)
956 A.2d 437 Martorano v. Philadelphia Bd. of Pensions and Retirement. No. 82 EAL 2008.Supreme Court of Pennsylvania. September 8, 2008. Appeal from the Commonwealth Court Pa.Cmwlth., 940 A.2d 598. Dispositions of Petitions for Allowance of Appeals. DENIED. Page 771
FRANTZ’S APPEAL, 315 Pa. 388 (1934)
172 A. 643 Frantz’s Appeal. Supreme Court of Pennsylvania.April 23, 1934. May 21, 1934. Appeals — Record — Contested election — Marking of ballots — Pen and ink drawings not in record. An appeal from an order dismissing exceptions to the report of a recount board appointed in a contested election will be dismissed where […]
COM. v. BOLDEN, 602 Pa. 655 (2009)
980 A.2d 10 Com. v. Bolden. No. 69 EAL 2009.Supreme Court of Pennsylvania, Eastern District. July 7, 2009. Appeal from the Superior Court, Pa.Super., 970 A.2d 464. Dispositions of Petitions for Allowance of Appeals Denied. AND NOW, this 7th day of July, 2009, the Petition for
SALISBURY TWP. v. SUN OIL CO., 406 Pa. 604 (1962)
179 A.2d 195 Salisbury Township v. Sun Oil Company, Appellant. Supreme Court of Pennsylvania.January 12, 1962. March 13, 1962. Appeals — Dismissal — Moot question. 1. An appeal will be dismissed where the issue raised by appellant has become moot. [605-6] Practice — Zoning case — Refusal of building permit — Appeal to common pleas. […]
COM. v. TOWNSEND, 73 WM 2007 (Pa. 5-20-2008)
COMMONWEALTH OF PENNSYLVANIA, Respondent v. RONALD AL TOWNSEND, Petitioner. No. 73 WM 2007.Supreme Court of Pennsylvania, Western District. May 20, 2008. Petition for Writ of Habeas Corpus. ORDER PER CURIAM: AND NOW, this 20th day of May, 2008, the Application for Leave to File Original Process is GRANTED and the Petition for Writ of Habeas […]
COM. v. JOHNSON, 578 Pa. 706 (2004)
853 A.2d 360 COMMONWEALTH OF PENNSYLVANIA, Respondent v. JAMAR L. JOHNSON, Petitioner. No. 103 MAL 2004.Supreme Court of Pennsylvania, Middle District. June 29, 2004. No. 103 MAL 2004, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 29th day of June, 2004, the Petition for Allowance […]
COM., PENN. STATE POLICE v. COM., 512 Pa. 534 (1986)
517 A.2d 1253 COMMONWEALTH of Pennsylvania, PENNSYLVANIA STATE POLICE, Appellant, v. COMMONWEALTH of Pennsylvania, PENNSYLVANIA HUMAN RELATIONS COMMISSION and Governor Williams, Appellee. Supreme Court of Pennsylvania.Argued May 13, 1986. Decided November 17, 1986. Appeal from the Commonwealth Court, No. 1791 C.D. 1983, 85 Pa. Commw. 621, 483 A.2d 1039. Page 535 [EDITORS’ NOTE: THIS PAGE […]
COM. v. FRANK, 889 MAL 2010 (Pa. 3-7-2011)
19 A.3d 1050 COMMONWEALTH OF PENNSYLVANIA, Respondent v. VERONICA ANN FRANK, Petitioner. No. 889 MAL 2010.Supreme Court of Pennsylvania, Middle District. March 7, 2011. Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 7th day of March, 2011, the Petition for Allowance of Appeal is DENIED. […]
BROOKS v. DECKER, 508 Pa. 622 (1985)
500 A.2d 417 Douglas BROOKS, Petitioner, v. Ann Widmann DECKER, et al. Supreme Court of Pennsylvania. November 12, 1985. Appeal No. 197 M.D. Allocatur Docket 1985, from Order of Superior Court entered June 28, 1985, No. 107 Harrisburg Page 623 1984, 343 Pa. Super. 497, 495 A.2d 575 (1985), Affirming Order of Court of Common […]
IN MATTER OF KELLEY, 1441 (Pa. 5-28-2009)
In the Matter of ROBERT J. KELLEY, JR. No. 1441 Disciplinary Docket No. 3.Supreme Court of Pennsylvania. May 28, 2009. Board File No. C1-08-947 (Supreme Court of New Jersey, D-9 September Term 2008) Attorney Registration No. 42666. ORDER PER CURIAM. AND NOW, this 28th day of May, 2009, Robert J. Kelley, Jr., having been disbarred […]
COM. v. ROWE, 205 EAL 2010 (Pa. 8-23-2010)
4 A.3d 1053 COMMONWEALTH OF PENNSYLVANIA, Respondent v. ANDRE ROWE, Petitioner. No. 205 EAL 2010.Supreme Court of Pennsylvania, Eastern District. August 23, 2010. Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 23rd day of August, 2010, the Petition for Allowance of Appeal is DENIED.
FIDE. DEP. CO. v. PRICE PRICE MEC., 465 MAL 2011 (Pa. 10-17-2011)
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, SUCCESSOR TO THE MOUNTBATTEN SURETY COMPANY, INC., v. PRICE PRICE MECHANICAL, INC., PRICE PRICE MECHANICAL OF NC, INC., OVALFORMER, LLC., AND CUSTOM AIR-PLENUMS, LLC. PETITION OF: CUSTOM AIR-PLENUMS, LLC. Nos. 465 MAL 2011 466 MAL 2011.Supreme Court of Pennsylvania, Middle District. October 17, 2011. Petition for Allowance of Appeal […]
COM. v. STRUBEL, 581 Pa. 682 (2004)
863 A.2d 1141 COM. v. STRUBEL.[17] No. 357 MAL 2004.Supreme Court of Pennsylvania. November 30, 2004. [17] Justice EAKIN did not participate in the consideration or decision of this matter. Appeal from the Commonwealth Court, No. 2434 CD 2003. Disposition of petition for allowance of appeal. Denied.
THORNE’S ESTATE, 344 Pa. 503 (1942)
25 A.2d 811 Thorne’s Estate. Supreme Court of Pennsylvania.March 27, 1942. April 20, 1942. Decedents’ estates — Accounts — Review — Limitation — Fraud — Laches — Sale of collateral by creditor — Act of June 7, 1917, P. L. 447. 1. Under section 48 of the Fiduciaries Act of June 7, 1917, P. L. […]
GERSTELL ET UX. v. KNIGHT ET AL., 345 Pa. 83 (1942)
26 A.2d 329 Gerstell et ux., Appellants v. Knight et al. Supreme Court of Pennsylvania.April 20, 1942. May 11, 1942. Deeds — Restrictions — Erection of “one residence only” — Words and phrases. 1. A covenant in a deed providing that “one residence only shall be built on the above described tract of land and […]
COM. v. DAVIS, 578 Pa. 565 (2004)
854 A.2d 476 COMMONWEALTH of Pennsylvania, Appellant v. Robert G. DAVIS, Appellee. No. 11 MAP 2003.Supreme Court of Pennsylvania.Submitted: January 13, 2004. Decided: July 22, 2004. Appeal No. 11 MAP 2003 from the Order of the Court of Common Pleas, Lancaster County, Criminal Division, entered on 12/17/02 at No. 2452-CR-2202, Paul K. Allison, Judge. Donald […]
STAHL, ATTY. GEN. v. INS. CO. OF N. A., 408 Pa. 483 (1962)
184 A.2d 568 Stahl, Attorney General v. Insurance Company of North America, Appellant. Supreme Court of Pennsylvania.May 23, 1962. October 5, 1962. Courts — Jurisdiction — Commonwealth’s petition for payment of funds into state treasury without escheat — Act of May 16, 1919, P. L. 177, as amended — The Fiscal Code. 1. The Court […]
CLASS OF 200 ADMIN. FAC. MEM. v. SCANLON, 502 Pa. 275 (1983)
466 A.2d 103 The CLASS OF TWO HUNDRED ADMINISTRATIVE FACULTY MEMBERS OF the STATE COLLEGES IN the COMMONWEALTH of Pennsylvania, by James REESER, Barry Wilson and Betty Lu Morgan, Representatives, Appellants v. Robert G. SCANLON, Secretary of Education of the Commonwealth of Pennsylvania, Appellees. Supreme Court of Pennsylvania.Submitted May 25, 1983. Decided September 22, 1983. […]
NELSON v. BARCLAY MOTORS, INC., 414 Pa. 633 (1964)
202 A.2d 48 Nelson, Appellant, v. Barclay Motors, Inc. Supreme Court of Pennsylvania.May 4, 1964. July 1, 1964. Practice — Trial — Charge — Contributory negligence — Burden of proof. 1. In this action of trespass to recover damages for personal injuries in which it appeared that in plaintiff’s case in chief there was evidence […]
FRANK v. FRANK, 372 Pa. 229 (1953)
93 A.2d 431 Frank, Appellant, v. Frank. Supreme Court of Pennsylvania.November 12, 1952. January 5, 1953. Partnerships — Surviving partner — Accounting. On appeal from a decree fixing the amount due from defendant on his accounting as a surviving partner the Supreme Court reviewed the evidence, revised certain debits and credits, and modified the decree. […]
COM. v. SECRETI, 565 Pa. 642 (2001)
771 A.2d 1282 COMMONWEALTH OF PENNSYLVANIA, Respondent v. JUSTIN MICHAEL SECRETI, Petitioner. Supreme Court of Pennsylvania, Western District. April 3, 2001. Petition for Allowance of Appeal from the Order and Memorandum Opinion of the Superior Court No. 455 W.D. Alloc. Dkt. 2000. ORDER PER CURIAM: AND NOW, this 3rd day of April, 2001, the Petition […]
COMMONWEALTH v. WALZACK, 468 Pa. 210 (1976)
360 A.2d 914 COMMONWEALTH of Pennsylvania v. Michael Nickles WALZACK, Appellant. Supreme Court of Pennsylvania.Argued April 25, 1974. Decided July 6, 1976. Appeal from the Court of Common Pleas, County of Monroe, Forty-Third Judicial District at No. 119 January Term of 1971, Arlington W. Williams, J. Page 211 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES […]
MCKEOWN TRUST, 384 Pa. 79 (1956)
119 A.2d 76 McKeown Trust. Supreme Court of Pennsylvania.October 7, 1955. January 3, 1956. Trusts — Terms — Construction — Accumulation of income — Implied direction. 1. Where an unmarried woman created an irrevocable inter vivos trust with herself as the primary beneficiary with the provision that “Out of the income of the Trust Fund, […]
LLOYD v. VICTORY CARRIERS, INC., 402 Pa. 484 (1960)
167 A.2d 689 Lloyd v. Victory Carriers, Inc., Appellant. Supreme Court of Pennsylvania.October 4, 1960. December 1, 1960. Practice — Additional defendant — Joinder — Cause of action declared upon — Rights under federal maritime law — Ship owners and stevedores — Indemnification — Pa. R.C.P. 2522(a). 1. In an action of trespass to recover […]
COM. v. ROMERO, 577 Pa. 716 (2004)
847 A.2d 1283 COMMONWEALTH OF PENNSYLVANIA, Respondent v. ANGELO ROMERO, Petitioner. No. 639 EAL 2002.Supreme Court of Pennsylvania, Eastern District. March 4, 2004. No. 639 EAL 2002, Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 4th day of March, 2004, the Petition for Allowance of […]
EMMANUEL v. HUGHES, 295 Pa. 492 (1929)
145 A. 586 Emmanuel et al. v. Hughes, Appellant. Supreme Court of Pennsylvania.January 14, 1929. February 11, 1929. Evidence — Written agreement — Parol agreement — Fraud, accident, etc. — Knowledge — Affidavit of defense — Failure of future performance no fraud. 1. The test to determine whether an alleged parol agreement comes within the […]
MORTGAGE B. L. ASSN. v. VAN SCIVER, 304 Pa. 408 (1931)
155 A. 920 Mortgage B. L. Association v. Van Sciver et al., Appellants. Supreme Court of Pennsylvania.May 13, 1931. June 27, 1931. Landlord and tenant — Distress — Constable — Sale of goods — Number of appraisers — Act of May 7, 1929, P. L. 1589 — Execution creditor — Presumption of regularity — Notice […]
SHORTZ ET AL. v. FARRELL, 327 Pa. 81 (1937)
193 A. 20 Shortz et al. v. Farrell, Appellant. Supreme Court of Pennsylvania.April 13, 1937. June 25, 1937. Attorneys — Practice of law — Participation in hearings before Workmen’s Compensation Board and referee — Preparation and filing of pleadings — Representation of another — Corporations — Acts of April 28, 1899, P. L. 117; April […]
KUHLER v. HARRISON CONST. CO., 361 Pa. 100 (1949)
62 A.2d 853 Kuhler et al., Appellants v. Harrison Construction Company, Appellant. Supreme Court of Pennsylvania.September 29, 1948. January 3, 1949. Negligence — Automobiles — Intersections — Evidence — Speed — Testimony of witness — Boy riding on bicycle — Turning into intersection. 1. In a trespass case, in which it appeared that the minor […]
IN RE OF BENSON, 478 Pa. 1 (1978)
385 A.2d 966 In re Nomination Petition of T. Milton STREET as Democratic Candidate for the Office of Representative in the General Assembly, 181st Legislative District. Appeal of James BENSON, Objector. Supreme Court of Pennsylvania.Argued April 20, 1978. Decided April 27, 1978. Appeal from No. 155 January Term, 1978; Order of Commonwealth Court at No. […]
AMBRIDGE BOROUGH v. PHILA. CO. ET. AL., 283 Pa. 5 (1925)
129 A. 67 Ambridge Borough, Appellant, v. Philadelphia Co. et al. Supreme Court of Pennsylvania.February 3, 1925. March 16, 1925. Appeals — Equity — Findings of fact. 1. Findings of fact by a chancellor have the effect of a verdict of a jury and will not be disturbed on appeal where there is evidence to […]
ROYERSFORD TRUST COMPANY’S CASE (NO. 1), 318 Pa. 81 (1935)
178 A. 26 Royersford Trust Company’s Case (No. 1). Supreme Court of Pennsylvania.January 21, 1935. March 25, 1935. Banks and banking — Insolvency — Claims — Time of presentation — Filing of account by receiver — Notice of trust funds — Proceeds of bond — Time of filing exceptions — Act of May 15, 1933, […]
COMMONWEALTH v. HALL, 451 Pa. 201 (1973)
302 A.2d 342 Commonwealth v. Hall, Appellant. Supreme Court of Pennsylvania.November 16, 1972. March 16, 1973. Criminal Law — Search and seizure — Warrant — Probable cause — Challenge of the veracity of facts establishing probable cause recited in the affidavit at suppression hearing — Defendant not required to specify prior to the hearing precisely […]
COM. v. RICHARDSON, 292 EAL 2010 (Pa. 12-1-2010)
13 A.3d 477 COMMONWEALTH OF PENNSYLVANIA, Petitioner v. ANTHONY RICHARDSON, Respondent. No. 292 EAL 2010.Supreme Court of Pennsylvania, Eastern District. December 1, 2010. Petition for Allowance of Appeal from the Order of the Superior Court. ORDER PER CURIAM. AND NOW, this 1st day of December 2010, the Petition for Allowance of Appeal is denied.
BLUMHARDT v. COM., D.O.T., 572 Pa. 710 (2002)
813 A.2d 844 MICHEAL J. BLUMHARDT, Petitioner v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LISCENSING, Respondent. No. 16 MAL 2002.Supreme Court of Pennsylvania. December 2, 2002. No. 16 MAL 2002, Petition for Allowance of Appeal from the Order of the Commonwealth Court Application to Amend Brief in Opposition to Application for Relief […]
COMMON CAUSE/PENNSYLVANIA v. COMMONWEALTH, 562 Pa. 632 (2000)
757 A.2d 367 COMMON CAUSE/PENNSYLVANIA AND CITIZENS AGAINST NEW TOLL ROADS AND COMMUNITY ENVIRONMENTAL LEGAL DEFENSE FUND AND ZERO POPULATION GROWTH, INC., Appellants (At 61/98) v. COMMONWEALTH OF PENNSYLVANIA AND THOMAS J. RIDGE, GOVERNOR AND ROBERT A. JUDGE, SR., SECRETARY OF REVENUE AND BRADLEY L. MALLORY, SECRETARY OF TRANSPORTATION, Appellees. SENATOR ROBERT C. JUBELIRER AND […]
REESE v. CORBETT, 598 Pa. 188 (2008)
955 A.2d 346 Darrell REESE, Petitioner v. Thomas CORBETT, Attorney General for the Commonwealth of Penna., James Wynder, Superintendent at SCI-Dallas, 1000 Follies Road, Dallas, PA 18612, Respondents. No. 24 EM 2008.Supreme Court of Pennsylvania. August 15, 2008. Petition No. 24 EM 2008 for Writ of Habeas Corpus. ORDER PER CURIAM. AND NOW, this 15th […]