ancient doctrine (Pennsylvania) · Go Syfert
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ancient doctrine in Pennsylvania

34 Pennsylvania opinions name it 9 courts 1918–2023 1 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 (12)

CaseFollowedCited
Fidelity & Columbia Trust Co. v. City of Louisvillegreen
· 1917 · cited in 2 Pennsylvania opinions naming this issue, 1940–1958
2 sentences

1958While the doctrine of mobilia sequuntur per-sonam no longer applies to tangibles, these, like land, having their tax situs in the jurisdiction in which they are physically located (Union Refrigerator Transit Co. v. Kentucky, 199 U. S. 194 ; Frick v. Pennsylvania, 268 U. S. 473 ; Curry v. McCanless, 307 U. S. 357, 363, 364, 365 ), in the case of intangibles the ancient doctrine still remains, because of obvious differences, theoretical and practical, between them and tangible chattels; *329 Union Refrigerator Transit Co. v. Kentucky, supra, 205 ; Fidelity & Columbia Trust Co. v. Louisville, 245

1940While the doctrine of mobilia sequuntur personam no longer applies to tan *18 gibles, these, like land, having their tax situs in the jurisdiction in which they are physically located, (Union Refrigerator Transit Co. v. Kentucky, 199 U. S. 194 ; Frick v. Pennsylvania, 268 U. S. 473 ; Curry v. McCanless, 307 U. S. 357, 363, 364, 365 ), in the case of intangibles the ancient doctrine still remains, 5 because of obvious differences, theoretical and practical, between them and tangible chattels: Union Refrigerator Transit Co. v. Kentucky, supra, 205; Fidelity & Columbia Trust Co. v. Louisville, 24

22
Blodgett v. Silbermangreen
scotus · 1928 · cited in 2 Pennsylvania opinions naming this issue, 1940–1958
2 sentences

1958While the doctrine of mobilia sequuntur per-sonam no longer applies to tangibles, these, like land, having their tax situs in the jurisdiction in which they are physically located (Union Refrigerator Transit Co. v. Kentucky, 199 U. S. 194 ; Frick v. Pennsylvania, 268 U. S. 473 ; Curry v. McCanless, 307 U. S. 357, 363, 364, 365 ), in the case of intangibles the ancient doctrine still remains, because of obvious differences, theoretical and practical, between them and tangible chattels; *329 Union Refrigerator Transit Co. v. Kentucky, supra, 205 ; Fidelity & Columbia Trust Co. v. Louisville, 245

1940While the doctrine of mobilia sequuntur personam no longer applies to tan *18 gibles, these, like land, having their tax situs in the jurisdiction in which they are physically located, (Union Refrigerator Transit Co. v. Kentucky, 199 U. S. 194 ; Frick v. Pennsylvania, 268 U. S. 473 ; Curry v. McCanless, 307 U. S. 357, 363, 364, 365 ), in the case of intangibles the ancient doctrine still remains, 5 because of obvious differences, theoretical and practical, between them and tangible chattels: Union Refrigerator Transit Co. v. Kentucky, supra, 205; Fidelity & Columbia Trust Co. v. Louisville, 24

22
Curry v. McCanlessgreen
scotus · 1939 · cited in 2 Pennsylvania opinions naming this issue, 1940–1958
2 sentences

1958While the doctrine of mobilia sequuntur per-sonam no longer applies to tangibles, these, like land, having their tax situs in the jurisdiction in which they are physically located (Union Refrigerator Transit Co. v. Kentucky, 199 U. S. 194 ; Frick v. Pennsylvania, 268 U. S. 473 ; Curry v. McCanless, 307 U. S. 357, 363, 364, 365 ), in the case of intangibles the ancient doctrine still remains, because of obvious differences, theoretical and practical, between them and tangible chattels; *329 Union Refrigerator Transit Co. v. Kentucky, supra, 205 ; Fidelity & Columbia Trust Co. v. Louisville, 245

1958While the doctrine of mobilia sequuntur per-sonam no longer applies to tangibles, these, like land, having their tax situs in the jurisdiction in which they are physically located (Union Refrigerator Transit Co. v. Kentucky, 199 U. S. 194 ; Frick v. Pennsylvania, 268 U. S. 473 ; Curry v. McCanless, 307 U. S. 357, 363, 364, 365 ), in the case of intangibles the ancient doctrine still remains, because of obvious differences, theoretical and practical, between them and tangible chattels; *329 Union Refrigerator Transit Co. v. Kentucky, supra, 205 ; Fidelity & Columbia Trust Co. v. Louisville, 245

22
Commonwealth v. Teagardengreen
pasuperct · 1997 · cited in 2 Pennsylvania opinions naming this issue, 1999–2019
2 sentences

2019Therefore, she has waived any claim that her prosecution is barred under Section 110(2).9 Nevertheless, even if we were to find Porter did not waive this claim, we would conclude no relief is warranted.10 “Section 110(2) codifies the ancient doctrine of collateral estoppel[,]” and precludes the “relitigation between parties of an issue where that issue has been previously decided by a competent legal forum.” Commonwealth v. Teagarden, 696 A.2d 169, 171 (Pa. Super. 1997), appeal denied, 702 A.2d 1060 (Pa. 1997).

1999Teagarden, 696 A.2d at 171 .

12
King Estategreen
pa · 1956 · cited in 2 Pennsylvania opinions naming this issue, 1958–1966
2 sentences

1966In King Estate, 387 Pa. 119, 127 (1956), Mr. Justice (now Chief Justice) Bell said: “Where furniture is contained, at the death of a husband, in a house or apartment which was then or formerly owned or rented by him, the ancient presumption still prevails — notwithstanding the doubt ex pressed in Fine v. Fine, 366 Pa. 227 , 77 A. 2d 436— that he is the owner of such furniture: Schwartz Estate, 166 Pa. Superior Ct. 459 , 71 A. 2d 831 ; Chadwick Estate, 154 Pa. Superior Ct. 157 , 35 A. 2d 582 ; Matheny Estate, 164 Pa. Superior Ct. 18 , 63 A. 2d 477 .

1958In King Estate, 387 Pa. 119, 127 , 126 A. 2d 463 (1956), the Supreme Court said: "Where furniture is contained, at the death of a husband, in a house or apartment which was then or formerly owned or rented by him, the ancient presumption still prevails — notwithstanding the doubt expressed in Fine v. Fine, 366 Pa. 227 , 77 A. 2d 436 — that he is the owner of such furniture.

12
Union Refrigerator Transit Co. v. Kentuckygreen
· 1905 · cited in 2 Pennsylvania opinions naming this issue, 1940–1958
2 sentences

1958While the doctrine of mobilia sequuntur per-sonam no longer applies to tangibles, these, like land, having their tax situs in the jurisdiction in which they are physically located (Union Refrigerator Transit Co. v. Kentucky, 199 U. S. 194 ; Frick v. Pennsylvania, 268 U. S. 473 ; Curry v. McCanless, 307 U. S. 357, 363, 364, 365 ), in the case of intangibles the ancient doctrine still remains, because of obvious differences, theoretical and practical, between them and tangible chattels; *329 Union Refrigerator Transit Co. v. Kentucky, supra, 205 ; Fidelity & Columbia Trust Co. v. Louisville, 245

1958While the doctrine of mobilia sequuntur per-sonam no longer applies to tangibles, these, like land, having their tax situs in the jurisdiction in which they are physically located (Union Refrigerator Transit Co. v. Kentucky, 199 U. S. 194 ; Frick v. Pennsylvania, 268 U. S. 473 ; Curry v. McCanless, 307 U. S. 357, 363, 364, 365 ), in the case of intangibles the ancient doctrine still remains, because of obvious differences, theoretical and practical, between them and tangible chattels; *329 Union Refrigerator Transit Co. v. Kentucky, supra, 205 ; Fidelity & Columbia Trust Co. v. Louisville, 245

12
Frick Et Al. v. Pennsylvaniagreen
scotus · 1925 · cited in 2 Pennsylvania opinions naming this issue, 1940–1958
2 sentences

1958While the doctrine of mobilia sequuntur per-sonam no longer applies to tangibles, these, like land, having their tax situs in the jurisdiction in which they are physically located (Union Refrigerator Transit Co. v. Kentucky, 199 U. S. 194 ; Frick v. Pennsylvania, 268 U. S. 473 ; Curry v. McCanless, 307 U. S. 357, 363, 364, 365 ), in the case of intangibles the ancient doctrine still remains, because of obvious differences, theoretical and practical, between them and tangible chattels; *329 Union Refrigerator Transit Co. v. Kentucky, supra, 205 ; Fidelity & Columbia Trust Co. v. Louisville, 245

1940While the doctrine of mobilia sequuntur personam no longer applies to tan *18 gibles, these, like land, having their tax situs in the jurisdiction in which they are physically located, (Union Refrigerator Transit Co. v. Kentucky, 199 U. S. 194 ; Frick v. Pennsylvania, 268 U. S. 473 ; Curry v. McCanless, 307 U. S. 357, 363, 364, 365 ), in the case of intangibles the ancient doctrine still remains, 5 because of obvious differences, theoretical and practical, between them and tangible chattels: Union Refrigerator Transit Co. v. Kentucky, supra, 205; Fidelity & Columbia Trust Co. v. Louisville, 24

12
Robinson Township v. Commonwealthgreen
pa · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2023–2023
1 sentence

2023Id. (citing Robinson Twp. v. Commonwealth, 83 A.3d 901, 969 (Pa. 2013) (stating “this Court has an obligation to vindicate the rights of its citizens where the circumstances require it and in accordance with the plain language of the Constitution”).13 Furthermore, Washington contends that the 2019 amendment to Act 84 cannot be read to be a legislative attempt to deprive prisoners of their due process rights, as Bundy was issued before the amendment, and 13 As to the notion that a remedy might not always be available for some due process violations, Washington invokes the ancient principle ubi

11
Perkins v. Gaygreen
pa · 1817 · cited in 1 Pennsylvania opinions naming this issue, 1995–1995
1 sentence

1995See also Perkins v. Gay, 3 Serg. & Rawle 327 (1817) (confirming the applicability of the ancient doctrine of consentable line to an action in ejectment).

11
Gardner v. Allegheny Countygreen
pa · 1955 · cited in 1 Pennsylvania opinions naming this issue, 1993–1993
2 sentences

1993Restatement (Second) of Torts, § 159(b) (incorporating United States v. Causby, 328 U.S. 256 , 66 S.Ct. 1062 , 90 L.Ed. 1206 (1946)); accord, Gardner v. County of Allegheny, 382 Pa. 88 , 114 A.2d 491 (1955). 2 .

1993Restatement (Second) of Torts, § 159(b) (incorporating United States v. Causby, 328 U.S. 256 , 66 S.Ct. 1062 , 90 L.Ed. 1206 (1946)); accord, Gardner v. County of Allegheny, 382 Pa. 88 , 114 A.2d 491 (1955). 2 .

11
American Society of Mechanical Engineers, Inc. v. Hydrolevel Corp.green
scotus · 1982 · cited in 1 Pennsylvania opinions naming this issue, 1983–1983
2 sentences

1983See also American Society of Mechanical Engineers, Inc. v. Hydrolevel Corporation, 456 U.S. 556 , 568 n. 6, 102 S.Ct. 1935, 1945, n. 6 , 72 L.Ed.2d 330 , 341 n. 6 (1982) (approving the refusal of Perma Life Mufflers, supra, "to apply the ancient defense of in pari delicto in antitrust cases” inasmuch as “Victorian common law does not define the limits of the antitrust private action.”); E.F.

1983See also American Society of Mechanical Engineers, Inc. v. Hydrolevel Corporation, 456 U.S. 556 , 568 n. 6, 102 S.Ct. 1935, 1945, n. 6 , 72 L.Ed.2d 330 , 341 n. 6 (1982) (approving the refusal of Perma Life Mufflers, supra, "to apply the ancient defense of in pari delicto in antitrust cases” inasmuch as “Victorian common law does not define the limits of the antitrust private action.”); E.F.

11
Chicago, Burlington, & Quincy Railroad v. Iowagreen
scotus · 1877 · cited in 1 Pennsylvania opinions naming this issue, 1947–1947
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 (39)

CaseCitedYears
Fine v. Fine green
pa · 1951
2 sentences

1967Where furniture is contained, at the death of a husband, in a house or apartment which was then or formerly owned or rented by him, the ancient presumption still prevails — notwithstanding the doubt expressed in Fine v. Fine, 366 Pa. 227 , 77 A. 2d 436 — that he is the owner of such furniture: Schwartz Estate, 166 Pa. Superior Ct. 459 , 71 A. 2d 831 ; Chadwick Estate, 154 Pa. Superior Ct. 157 , 35 A. 2d 852 ; Matheny Estate, 164 Pa. Superior Ct. 18 , 63 A. 2d 477 .

1967Where furniture is contained, at the death of a husband, in a house or apartment which was then or formerly owned or rented by him, the ancient presumption still prevails — notwithstanding the doubt expressed in Fine v. Fine, 366 Pa. 227 , 77 A. 2d 436 — that he is the owner of such furniture: Schwartz Estate, 166 Pa. Superior Ct. 459 , 71 A. 2d 831 ; Chadwick Estate, 154 Pa. Superior Ct. 157 , 35 A. 2d 852 ; Matheny Estate, 164 Pa. Superior Ct. 18 , 63 A. 2d 477 .

41956–1967
Chadwick Estate neutral
pasuperct · 1943
2 sentences

1967Where furniture is contained, at the death of a husband, in a house or apartment which was then or formerly owned or rented by him, the ancient presumption still prevails — notwithstanding the doubt expressed in Fine v. Fine, 366 Pa. 227 , 77 A. 2d 436 — that he is the owner of such furniture: Schwartz Estate, 166 Pa. Superior Ct. 459 , 71 A. 2d 831 ; Chadwick Estate, 154 Pa. Superior Ct. 157 , 35 A. 2d 852 ; Matheny Estate, 164 Pa. Superior Ct. 18 , 63 A. 2d 477 .

1966In King Estate, 387 Pa. 119, 127 (1956), Mr. Justice (now Chief Justice) Bell said: “Where furniture is contained, at the death of a husband, in a house or apartment which was then or formerly owned or rented by him, the ancient presumption still prevails — notwithstanding the doubt ex pressed in Fine v. Fine, 366 Pa. 227 , 77 A. 2d 436— that he is the owner of such furniture: Schwartz Estate, 166 Pa. Superior Ct. 459 , 71 A. 2d 831 ; Chadwick Estate, 154 Pa. Superior Ct. 157 , 35 A. 2d 582 ; Matheny Estate, 164 Pa. Superior Ct. 18 , 63 A. 2d 477 .

41956–1967
Schwartz Estate green
pasuperct · 1949
2 sentences

1967Where furniture is contained, at the death of a husband, in a house or apartment which was then or formerly owned or rented by him, the ancient presumption still prevails — notwithstanding the doubt expressed in Fine v. Fine, 366 Pa. 227 , 77 A. 2d 436 — that he is the owner of such furniture: Schwartz Estate, 166 Pa. Superior Ct. 459 , 71 A. 2d 831 ; Chadwick Estate, 154 Pa. Superior Ct. 157 , 35 A. 2d 852 ; Matheny Estate, 164 Pa. Superior Ct. 18 , 63 A. 2d 477 .

1966In King Estate, 387 Pa. 119, 127 (1956), Mr. Justice (now Chief Justice) Bell said: “Where furniture is contained, at the death of a husband, in a house or apartment which was then or formerly owned or rented by him, the ancient presumption still prevails — notwithstanding the doubt ex pressed in Fine v. Fine, 366 Pa. 227 , 77 A. 2d 436— that he is the owner of such furniture: Schwartz Estate, 166 Pa. Superior Ct. 459 , 71 A. 2d 831 ; Chadwick Estate, 154 Pa. Superior Ct. 157 , 35 A. 2d 582 ; Matheny Estate, 164 Pa. Superior Ct. 18 , 63 A. 2d 477 .

41956–1967
Matheny Estate green
pasuperct · 1948
2 sentences

1967Where furniture is contained, at the death of a husband, in a house or apartment which was then or formerly owned or rented by him, the ancient presumption still prevails — notwithstanding the doubt expressed in Fine v. Fine, 366 Pa. 227 , 77 A. 2d 436 — that he is the owner of such furniture: Schwartz Estate, 166 Pa. Superior Ct. 459 , 71 A. 2d 831 ; Chadwick Estate, 154 Pa. Superior Ct. 157 , 35 A. 2d 852 ; Matheny Estate, 164 Pa. Superior Ct. 18 , 63 A. 2d 477 .

1967Where furniture is contained, at the death of a husband, in a house or apartment which was then or formerly owned or rented by him, the ancient presumption still prevails — notwithstanding the doubt expressed in Fine v. Fine, 366 Pa. 227 , 77 A. 2d 436 — that he is the owner of such furniture: Schwartz Estate, 166 Pa. Superior Ct. 459 , 71 A. 2d 831 ; Chadwick Estate, 154 Pa. Superior Ct. 157 , 35 A. 2d 852 ; Matheny Estate, 164 Pa. Superior Ct. 18 , 63 A. 2d 477 .

41956–1967
Schwartz Estate neutral
pasuperct · 1950
2 sentences

1967Where furniture is contained, at the death of a husband, in a house or apartment which was then or formerly owned or rented by him, the ancient presumption still prevails — notwithstanding the doubt expressed in Fine v. Fine, 366 Pa. 227 , 77 A. 2d 436 — that he is the owner of such furniture: Schwartz Estate, 166 Pa. Superior Ct. 459 , 71 A. 2d 831 ; Chadwick Estate, 154 Pa. Superior Ct. 157 , 35 A. 2d 852 ; Matheny Estate, 164 Pa. Superior Ct. 18 , 63 A. 2d 477 .

1966In King Estate, 387 Pa. 119, 127 (1956), Mr. Justice (now Chief Justice) Bell said: “Where furniture is contained, at the death of a husband, in a house or apartment which was then or formerly owned or rented by him, the ancient presumption still prevails — notwithstanding the doubt ex pressed in Fine v. Fine, 366 Pa. 227 , 77 A. 2d 436— that he is the owner of such furniture: Schwartz Estate, 166 Pa. Superior Ct. 459 , 71 A. 2d 831 ; Chadwick Estate, 154 Pa. Superior Ct. 157 , 35 A. 2d 582 ; Matheny Estate, 164 Pa. Superior Ct. 18 , 63 A. 2d 477 .

31958–1967
United States v. Causby green
scotus · 1946
2 sentences

1993Restatement (Second) of Torts, § 159(b) (incorporating United States v. Causby, 328 U.S. 256 , 66 S.Ct. 1062 , 90 L.Ed. 1206 (1946)); accord, Gardner v. County of Allegheny, 382 Pa. 88 , 114 A.2d 491 (1955). 2 .

1993Restatement (Second) of Torts, § 159(b) (incorporating United States v. Causby, 328 U.S. 256 , 66 S.Ct. 1062 , 90 L.Ed. 1206 (1946)); accord, Gardner v. County of Allegheny, 382 Pa. 88 , 114 A.2d 491 (1955). 2 .

21955–1993
Farmers Loan & Trust Co. v. Minnesota green
scotus · 1930
2 sentences

1958While the doctrine of mobilia sequuntur per-sonam no longer applies to tangibles, these, like land, having their tax situs in the jurisdiction in which they are physically located (Union Refrigerator Transit Co. v. Kentucky, 199 U. S. 194 ; Frick v. Pennsylvania, 268 U. S. 473 ; Curry v. McCanless, 307 U. S. 357, 363, 364, 365 ), in the case of intangibles the ancient doctrine still remains, because of obvious differences, theoretical and practical, between them and tangible chattels; *329 Union Refrigerator Transit Co. v. Kentucky, supra, 205 ; Fidelity & Columbia Trust Co. v. Louisville, 245

1940While the doctrine of mobilia sequuntur personam no longer applies to tan *18 gibles, these, like land, having their tax situs in the jurisdiction in which they are physically located, (Union Refrigerator Transit Co. v. Kentucky, 199 U. S. 194 ; Frick v. Pennsylvania, 268 U. S. 473 ; Curry v. McCanless, 307 U. S. 357, 363, 364, 365 ), in the case of intangibles the ancient doctrine still remains, 5 because of obvious differences, theoretical and practical, between them and tangible chattels: Union Refrigerator Transit Co. v. Kentucky, supra, 205; Fidelity & Columbia Trust Co. v. Louisville, 24

21940–1958
Plauchak v. Boling green
pasuperct · 1995
1 sentence

2016It is an ancient doctrine 8 that "is a separate and distinct theory from that of traditional adverse possession." Id.

12016–2016
Husser v. Pittsburgh School District green
pa · 1967
2 sentences

1999Sovereign immunity is an ancient doctrine perhaps best described by the late Pennsylvania Supreme Court Justice Musmanno in his dissenting opinion in Husser v. Pittsburgh School District, 425 Pa. 249, 254 , 228 A.2d 910 (1967).

1999Sovereign immunity is an ancient doctrine perhaps best described by the late Pennsylvania Supreme Court Justice Musmanno in his dissenting opinion in Husser v. Pittsburgh School District, 425 Pa. 249, 254 , 228 A.2d 910 (1967).

11999–1999
Com., Dept. of Public Wel. v. Uec, Inc. green
pa · 1979
2 sentences

1999Department of Public Welfare v. UEC, Inc., 483 Pa. 503 , 397 A.2d 779 (1979).

1999Department of Public Welfare v. UEC, Inc., 483 Pa. 503 , 397 A.2d 779 (1979).

11999–1999
Commonwealth v. Swinehart green
pa · 1995
2 sentences

1996Swinehart 541 Pa. at 522 , 664 A.2d at 967 .

1996Swinehart 541 Pa. at 522 , 664 A.2d at 967 .

11996–1996
Garrett v. Moore-Mccormack Co., Inc. green
scotus · 1943
2 sentences

1991See: Garrett v. Moore-McCormack Co., 317 U.S. 239 , 240 n. 2, 63 S.Ct. 246 , 248 n. 2, 87 L.Ed. 239 , 241 n. 2 (1942); Rowley v. *496 Sierra S.S.

1991See: Garrett v. Moore-McCormack Co., 317 U.S. 239 , 240 n. 2, 63 S.Ct. 246 , 248 n. 2, 87 L.Ed. 239 , 241 n. 2 (1942); Rowley v. *496 Sierra S.S.

11991–1991
Commonwealth ex rel. Savruk v. Derby green
pasuperct · 1975
2 sentences

1991Savruk v. Derby, 235 Pa.Super. 560 , 564 n. 4, 344 A.2d 624 , 626 n. 4 (1975).

1991Savruk v. Derby, 235 Pa.Super. 560 , 564 n. 4, 344 A.2d 624 , 626 n. 4 (1975).

11991–1991
Shambe v. Delaware Hudson R. R. Co. green
scotus · 1926
2 sentences

1990In those latter circumstances, causes of action would lie where the corporation was “doing *244 business.” Seeking to define that term, Shambe developed rules that these business contacts must be judged on the basis of their “quality” and “quantity.” “A single act is not enough,” while “each case must depend on its own facts.” Id., 288 Pa. at 246 , 135 A. 755 .

1990In those latter circumstances, causes of action would lie where the corporation was “doing *244 business.” Seeking to define that term, Shambe developed rules that these business contacts must be judged on the basis of their “quality” and “quantity.” “A single act is not enough,” while “each case must depend on its own facts.” Id., 288 Pa. at 246 , 135 A. 755 .

11990–1990
E. F. Hutton & Company, Inc., Appellee/cross-Appellant v. Melford Berns, and Lenny Garcia, Appellants/cross-Appellees green
ca8 · 1982
1 sentence

1983Hutton v. Berns, 682 F.2d 173 , 176 n. 6 (8th Cir.1982) (Collecting securities law violation cases which either allow or deny the in pari delicto defense).

11983–1983
Commonwealth v. Mitchell green
pasuperct · 1956
2 sentences

1983In Banks , the court, quoting Commonwealth v. Mitchell, 181 Pa.Super. 225 , 124 A.2d 407 (1956) said: “ ‘The doctrine of retreat as developed in homicide cases is not by the weight of authority regarded as applicable to cases involving a mere battery, especially where immediate action appears to be necessary for self protection.’ (citations omitted) ‘The ancient doctrine which makes it the duty of a person assaulted to “retreat to the wall” before he is justified in repelling force by force has been generally modified in the United States.

1983In Banks , the court, quoting Commonwealth v. Mitchell, 181 Pa.Super. 225 , 124 A.2d 407 (1956) said: “ ‘The doctrine of retreat as developed in homicide cases is not by the weight of authority regarded as applicable to cases involving a mere battery, especially where immediate action appears to be necessary for self protection.’ (citations omitted) ‘The ancient doctrine which makes it the duty of a person assaulted to “retreat to the wall” before he is justified in repelling force by force has been generally modified in the United States.

11983–1983
Pennsylvania Railroad v. Goodman green
· 1869
1 sentence

1973In Siidekum v. Animal Rescue League of Pittsburgh, 353 Pa. 408 (1946), the doctrine is somewhat expanded wherein it was held that a husband may recover for the loss of his wife’s services and society in a death action, again citing Gaydos v. Domabyl, supra. This ancient doctrine was further and most recently expanded in Spangler v. Helm’s New York-Pittsburgh Motor Express, 396 Pa. 482 (1959), wherein it was held that in a death action brought by a husband for the death of his wife, among other elements of damages, plaintiff may recover for her loss considering in the amount to be awarded all t

11973–1973
Spangler v. Helm's New York-Pittsburgh Motor Express green
pa · 1959
2 sentences

1973In Siidekum v. Animal Rescue League of Pittsburgh, 353 Pa. 408 (1946), the doctrine is somewhat expanded wherein it was held that a husband may recover for the loss of his wife’s services and society in a death action, again citing Gaydos v. Domabyl, supra. This ancient doctrine was further and most recently expanded in Spangler v. Helm’s New York-Pittsburgh Motor Express, 396 Pa. 482 (1959), wherein it was held that in a death action brought by a husband for the death of his wife, among other elements of damages, plaintiff may recover for her loss considering in the amount to be awarded all t

1973In Siidekum v. Animal Rescue League of Pittsburgh, 353 Pa. 408 (1946), the doctrine is somewhat expanded wherein it was held that a husband may recover for the loss of his wife’s services and society in a death action, again citing Gaydos v. Domabyl, supra. This ancient doctrine was further and most recently expanded in Spangler v. Helm’s New York-Pittsburgh Motor Express, 396 Pa. 482 (1959), wherein it was held that in a death action brought by a husband for the death of his wife, among other elements of damages, plaintiff may recover for her loss considering in the amount to be awarded all t

11973–1973
Gaydos v. Domabyl green
· 1930
11973–1973
Siidekum v. Animal Rescue League of Pittsburgh green
pa · 1945
1 sentence

1973In Siidekum v. Animal Rescue League of Pittsburgh, 353 Pa. 408 (1946), the doctrine is somewhat expanded wherein it was held that a husband may recover for the loss of his wife’s services and society in a death action, again citing Gaydos v. Domabyl, supra. This ancient doctrine was further and most recently expanded in Spangler v. Helm’s New York-Pittsburgh Motor Express, 396 Pa. 482 (1959), wherein it was held that in a death action brought by a husband for the death of his wife, among other elements of damages, plaintiff may recover for her loss considering in the amount to be awarded all t

11973–1973
Prescott v. Otterstatter green
pa · 1877
11972–1972
Commonwealth v. Universal Trades green
pa · 1958
11967–1967
Commonwealth v. Chester County Light & Power Co. green
pa · 1940
11967–1967
Norris v. Crowe neutral
pa · 1903
11962–1962
Commonwealth v. Senauskas green
pa · 1937
11958–1958
Commonwealth v. Gibson green
pa · 1923
11957–1957
Braniff Airways, Inc. v. Nebraska State Board of Equalization & Assessment green
scotus · 1954
11955–1955
Alcorn v. Alcorn green
pa · 1950
11951–1951
Beck v. Germantown Cricket Club neutral
pasuperct · 1911
11942–1942
Casaccio v. Marrone green
pasuperct · 1927
11938–1938
Goldman v. Mitchell-Fletcher Co. green
pa · 1925
11929–1929
Wilkinson v. McCullough green
pa · 1900
11926–1926
Best v. Hammond green
pa · 1867
11918–1918
Hancock's Appeal green
pa · 1886
11918–1918
Chandler v. Woelpper green
· 1889
11918–1918
Estate of Root green
pa · 1898
11918–1918
Bruckman's Estate green
pa · 1900
11918–1918
Hunter v. Hunter neutral
pa · 1911
11918–1918
Metzger's Estate green
pa · 1913
11918–1918

Where else courts name it

NY 121 (1841–2024) CA 42 (1895–2024) KY 41 (1909–2022) MD 35 (1850–2021) PA 34 (1918–2023) IL 31 (1882–2019) TX 30 (1877–2023) NJ 29 (1939–2025) NC 27 (1879–2017) MO 27 (1877–2016) MA 26 (1848–2018) AL 24 (1875–2016) GA 23 (1900–2012) VA 22 (1888–2025) IN 22 (1857–1990) MI 21 (1919–2022) CT 20 (1830–2009) OK 18 (1897–2024) WV 17 (1898–2022) NE 17 (1899–2021) FL 16 (1933–2016) WI 16 (1893–2008) WA 16 (1906–2021) MT 14 (1922–2018) OR 14 (1872–2017) KS 12 (1906–2022) WY 11 (1931–2004) AZ 11 (1899–2015) SD 11 (1944–2021) IA 11 (1906–2018) SC 10 (1923–2024) MS 10 (1934–2010) CO 9 (1913–1980) ME 9 (1952–2014) NV 9 (1922–2018) OH 8 (1841–2013) DE 8 (1916–2021) MN 6 (1890–2001) VT 6 (1856–1994) TN 6 (1928–2019) NH 5 (1849–2016) LA 5 (1916–1998) AR 5 (1919–1996) NM 4 (1926–2004) ID 4 (1966–2026) HI 4 (1913–2015) UT 4 (1999–2015) DC 4 (1989–2015) RI 4 (1997–2012) ND 2 (1968–1985)

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.

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