exception to the above rule (Pennsylvania) · Go Syfert
← Pennsylvania issues

exception to the above rule in Pennsylvania

5 Pennsylvania opinions name it 2 courts 1907–1999 0 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Commonwealth v. Duffgreen
pasuperct · 1963 · cited in 1 Pennsylvania opinions naming this issue, 1977–1977
2 sentences

1977In such a case, “[i]t is sufficient that the court which imposed the probation should act promptly after the [conviction for the probation violating offense] . . . .” Commonwealth v. Duff, 201 Pa.Super. 387, 395 , 192 A.2d 258, 262 (1964).

1977In such a case, “[i]t is sufficient that the court which imposed the probation should act promptly after the [conviction for the probation violating offense] . . . .” Commonwealth v. Duff, 201 Pa.Super. 387, 395 , 192 A.2d 258, 262 (1964).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Commonwealth v. Pyle red
pa · 1975
2 sentences

1999In support of its opinion, the Dissent relies on Commonwealth v. Pyle, 462 Pa. 613 , 342 A.2d 101 (1975), wherein the Supreme Court held that a defendant had not waived his right to challenge his transfer from the juvenile system despite having thereafter pled guilty to the criminal charges facing him.

1999In support of its opinion, the Dissent relies on Commonwealth v. Pyle, 462 Pa. 613 , 342 A.2d 101 (1975), wherein the Supreme Court held that a defendant had not waived his right to challenge his transfer from the juvenile system despite having thereafter pled guilty to the criminal charges facing him.

11999–1999
Doyle v. Ohio green
scotus · 1976
2 sentences

1982The Supreme Court did note an exception to the above rule in Doyle v. Ohio, 426 U.S. at 619 n.11, 96 S.Ct. at 2245 n.11, but that exception is inapposite to the instant case.

1982The Supreme Court did note an exception to the above rule in Doyle v. Ohio, 426 U.S. at 619 n.11, 96 S.Ct. at 2245 n.11, but that exception is inapposite to the instant case.

11982–1982
Miller & Sons Co. v. Homeopathic Medical & Surgical Hospital & Dispensary green
pa · 1914
1 sentence

1920It is contended, however, the contract in this case contains provisions bringing it within the exception to the above rule, and in support of that contention plaintiff relies mainly on Miller v. Homeopathic Hospital, supra. Plaintiff there agreed to furnish the materials and labor in the construction of a building in accordance with plans and specifications, and before its completion the foundations gave way necessitating the rebuilding of a portion of the wall on more substantial footings.

11920–1920
Martin v. Fridenberg neutral
pa · 1895
1 sentence

1907We need not here stop to consider the exception to the above rule, as well established as the rule itself, which has been thus stated. “ There are some contracts, on which there may be a recovery without a literal performance by plaintiff; when the main object of the contract has been accomplished, and immaterial or secondary stipulations are not performed, there may be a recovery, subjeci to a deduction for damages as to the parts not performed: ” Martin v. Fridenberg, 169 Pa. 447 .

11907–1907

Where else courts name it

IL 8 (1944–2012) TX 8 (1928–2015) GA 6 (1945–2021) FL 6 (1969–2011) CA 6 (1920–1979) IN 6 (1847–2004) LA 6 (1992–2017) WA 6 (1940–1972) PA 5 (1907–1999) NY 4 (1911–2002) MO 4 (1904–2002) OH 3 (1986–2022) AL 3 (1925–1993) NE 3 (1979–1984) MI 3 (1951–1981) ND 2 (1903–1979) KS 2 (1937–1995) NC 2 (1941–1960) ME 2 (1965–2006) OK 2 (1961–1984) KY 2 (1908–1914)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check