case out rule in Pennsylvania

1953Clearly this explanation does not take the case out of the rule set forth by Judge (now President Judge) Rhodes in Tuttle Unemployment Compensation Case, 160 Pa. Superior Ct. 46 , at page 47, 49 A. 2d 847 : “It is the general rule that where an act of assembly fixes the time within which an appeal may be taken, courts have no power to extend it, or to allow the act to be done at a later day, as a matter of indulgence.

1953Clearly this explanation does not take the case out of the rule set forth by Judge (now President Judge) Rhodes in Tuttle Unemployment Compensation Case, 160 Pa. Superior Ct. 46 , at page 47, 49 A. 2d 847 : “It is the general rule that where an act of assembly fixes the time within which an appeal may be taken, courts have no power to extend it, or to allow the act to be done at a later day, as a matter of indulgence.

1935Again, in Costley et ux. v. Smith, 278 Pa. 242, 244 , the court said: “Although the plaintiffs aver fraud in the procurement of the contract, this, of itself, is not sufficient to take the case out of the rule that jurisdiction in equity will not be taken if there is adequate remedy at law”.

1932Although the plaintiffs aver fraud in the procurement of the contract, this, of itself, is not sufficient to take the case out of the rule. . . . ‘No one, for instance, would think of filing a bill in equity in case of a fraudulent warranty on the sale of a horse:’ ” Costley et ux. v. Smith, 278 Pa. 242, 244 .

1987In any event, the exigencies of prison administration take this case out of the rule of Commonwealth v. Davenport, 471 Pa. 278 , 370 A.2d 301 (1977) (accused must be arraigned within six hours of arrest on pain of exclusion of evidence obtained during custody). (h) Improper and prejudicial reference to prior unrelated criminal conduct in the cross-examination of one of appellant’s witnesses, called to describe appellant’s bizarre behavior to support his claimed mental illness.

1987In any event, the exigencies of prison administration take this case out of the rule of Commonwealth v. Davenport, 471 Pa. 278 , 370 A.2d 301 (1977) (accused must be arraigned within six hours of arrest on pain of exclusion of evidence obtained during custody). (h) Improper and prejudicial reference to prior unrelated criminal conduct in the cross-examination of one of appellant’s witnesses, called to describe appellant’s bizarre behavior to support his claimed mental illness.

1987There is no difference in principle between a discovery by the district attorney immediately after the jury was impaneled that his evidence was insufficient and a discovery after he had called some or all of his witnesses.” In United States v. Jorn, 400 U.S. 470 , 91 S.Ct. 547 , 27 L.Ed.2d 543 (1971), defendant was charged with' willfully assisting in the preparation of fraudulent income tax returns.

1987There is no difference in principle between a discovery by the district attorney immediately after the jury was impaneled that his evidence was insufficient and a discovery after he had called some or all of his witnesses.” In United States v. Jorn, 400 U.S. 470 , 91 S.Ct. 547 , 27 L.Ed.2d 543 (1971), defendant was charged with' willfully assisting in the preparation of fraudulent income tax returns.

1971However, it seems apparent to us that if we were to now expose defendant to the statute of limitations, which, if applicable, would bar defendant from the opportunity of proving to the jury that the additional defendant is solely liable to plaintiffs, the resulting prejudice to defendant is plain enough to take the case out of the rule of Fisher v. Hill, supra and obviates the need for a verfication of defendant’s preliminary objections.

1952Something more than mere hardship is necessary to justify an extension of time, or its equivalent, an allowance of the act nunc pro tunc.” See also Turner Unemployment Compensation Case, 163 Pa. Superior Ct. 168 , 60 A. 2d 583 , and Von Kaenel Unemployment Compensation Case, 163 Pa. Superior Ct. 173 , 60 A. 2d 586 .

1952Something more than mere hardship is necessary to justify an extension of time, or its equivalent, an allowance of the act nunc pro tunc.” See also Turner Unemployment Compensation Case, 163 Pa. Superior Ct. 168 , 60 A. 2d 583 , and Von Kaenel Unemployment Compensation Case, 163 Pa. Superior Ct. 173 , 60 A. 2d 586 .

1952Something more than mere hardship is necessary to justify an extension of time, or its equivalent, an allowance of the act nunc pro tunc.” See also Turner Unemployment Compensation Case, 163 Pa. Superior Ct. 168 , 60 A. 2d 583 , and Von Kaenel Unemployment Compensation Case, 163 Pa. Superior Ct. 173 , 60 A. 2d 586 .

1952Something more than mere hardship is necessary to justify an extension of time, or its equivalent, an allowance of the act nunc pro tunc.” See also Turner Unemployment Compensation Case, 163 Pa. Superior Ct. 168 , 60 A. 2d 583 , and Von Kaenel Unemployment Compensation Case, 163 Pa. Superior Ct. 173 , 60 A. 2d 586 .

1948The delay in beginning the proceeding to review the adjudication was not caused by alleged fraud practiced upon petitioner, but by her impaired mental condition and this, under Stetson’s Estate, 305 Pa. 62 , is not sufficient to take the case out of the requirement of the statute.

1939Plaintiff is relieved from the charge of contributory negligence as a matter of law, in failing to see the hole in the crosswalk in time to avoid the injury by facts *607 which take the case out of the rule of Tauber v. Wilkinsburg, 309 Pa. 331 , 163 A. 675 and kindred cases where the accidents occurred in broad daylight and bring it within the principle stated in Lerner v. City of Philadelphia, 221 Pa. 294 , 70 A. 755 , in this language: “Irregularities in grade, unevenness in surface, sharp depressions at crossings, accidental displacement of brick or stone, and many other things which may o

1939Plaintiff is relieved from the charge of contributory negligence as a matter of law, in failing to see the hole in the crosswalk in time to avoid the injury by facts *607 which take the case out of the rule of Tauber v. Wilkinsburg, 309 Pa. 331 , 163 A. 675 and kindred cases where the accidents occurred in broad daylight and bring it within the principle stated in Lerner v. City of Philadelphia, 221 Pa. 294 , 70 A. 755 , in this language: “Irregularities in grade, unevenness in surface, sharp depressions at crossings, accidental displacement of brick or stone, and many other things which may o

1939Co., 225 Pa. 528, 532 , 74 A. 373 ; Newhard v. Penna.

1939Co., 225 Pa. 528, 532 , 74 A. 373 ; Newhard v. Penna.

1939Plaintiff is relieved from the charge of contributory negligence as a matter of law, in failing to see the hole in the crosswalk in time to avoid the injury by facts *607 which take the case out of the rule of Tauber v. Wilkinsburg, 309 Pa. 331 , 163 A. 675 and kindred cases where the accidents occurred in broad daylight and bring it within the principle stated in Lerner v. City of Philadelphia, 221 Pa. 294 , 70 A. 755 , in this language: “Irregularities in grade, unevenness in surface, sharp depressions at crossings, accidental displacement of brick or stone, and many other things which may o

1939Plaintiff is relieved from the charge of contributory negligence as a matter of law, in failing to see the hole in the crosswalk in time to avoid the injury by facts *607 which take the case out of the rule of Tauber v. Wilkinsburg, 309 Pa. 331 , 163 A. 675 and kindred cases where the accidents occurred in broad daylight and bring it within the principle stated in Lerner v. City of Philadelphia, 221 Pa. 294 , 70 A. 755 , in this language: “Irregularities in grade, unevenness in surface, sharp depressions at crossings, accidental displacement of brick or stone, and many other things which may o

1937It is not clear that any public policy of this Commonwealth or of the United States of America is involved sufficiently to take this case out of the rule of Salak v. Church, 317 Pa. 39 [ 176 A. 453 ], and the other cases cited.” *554 We are convinced that the issues in this case were correctly decided by the chancellor and court below and that nothing in the record of this case, which is a dispute over church property, takes it out of the rule expressed by this court in Krecker et al. v. Shirey et al., 163 Pa. 534, 547 , 30 A. 440 , and often reiterated (see Balah v. Church, supra), that “the

1937It is not clear that any public policy of this Commonwealth or of the United States of America is involved sufficiently to take this case out of the rule of Salak v. Church, 317 Pa. 39 [ 176 A. 453 ], and the other cases cited.” *554 We are convinced that the issues in this case were correctly decided by the chancellor and court below and that nothing in the record of this case, which is a dispute over church property, takes it out of the rule expressed by this court in Krecker et al. v. Shirey et al., 163 Pa. 534, 547 , 30 A. 440 , and often reiterated (see Balah v. Church, supra), that “the

1937It is not clear that any public policy of this Commonwealth or of the United States of America is involved sufficiently to take this case out of the rule of Salak v. Church, 317 Pa. 39 [ 176 A. 453 ], and the other cases cited.” *554 We are convinced that the issues in this case were correctly decided by the chancellor and court below and that nothing in the record of this case, which is a dispute over church property, takes it out of the rule expressed by this court in Krecker et al. v. Shirey et al., 163 Pa. 534, 547 , 30 A. 440 , and often reiterated (see Balah v. Church, supra), that “the

1937It is not clear that any public policy of this Commonwealth or of the United States of America is involved sufficiently to take this case out of the rule of Salak v. Church, 317 Pa. 39 [ 176 A. 453 ], and the other cases cited.” *554 We are convinced that the issues in this case were correctly decided by the chancellor and court below and that nothing in the record of this case, which is a dispute over church property, takes it out of the rule expressed by this court in Krecker et al. v. Shirey et al., 163 Pa. 534, 547 , 30 A. 440 , and often reiterated (see Balah v. Church, supra), that “the

1935And in Hyde v. Baker, 212 Pa. 224, 226 , it was said: “We do not dispute the general principle . . . that where fraud is alleged equity has concurrent jurisdiction with law.

1934It is true that banks have been often held to be chargeable with the consequences of frauds which their officers and employes have committed, while transacting business with customers, to the detriment of the latter, even although the fraudulent acts were not directed nor authorized by the bank: Steckel et al. v. The First National Bank, 93 Pa. 376 ; Ziegler v. The First National Bank of Allentown, 93 Pa. 393 .

1934It is true that banks have been often held to be chargeable with the consequences of frauds which their officers and employes have committed, while transacting business with customers, to the detriment of the latter, even although the fraudulent acts were not directed nor authorized by the bank: Steckel et al. v. The First National Bank, 93 Pa. 376 ; Ziegler v. The First National Bank of Allentown, 93 Pa. 393 .

1932The mere fact that a defendant cannot be compelled to pay a judgment at law does not make the plaintiff’s remedy inadequate: Heilman v. The Union Canal Co., 37 Pa. 100 ; Willis v. O’Connell, 231 Fed. 1004 ; Thompson v. Allen County et al., 115 U. S. 550 .

1932The mere fact that a defendant cannot be compelled to pay a judgment at law does not make the plaintiff’s remedy inadequate: Heilman v. The Union Canal Co., 37 Pa. 100 ; Willis v. O’Connell, 231 Fed. 1004 ; Thompson v. Allen County et al., 115 U. S. 550 .

1932The mere fact that a defendant cannot be compelled to pay a judgment at law does not make the plaintiff’s remedy inadequate: Heilman v. The Union Canal Co., 37 Pa. 100 ; Willis v. O’Connell, 231 Fed. 1004 ; Thompson v. Allen County et al., 115 U. S. 550 .

1930How little additional is required to make them sufficient is illustrated in Harner v. Fisher, 58 Pa. 453 , where it was held that a creditor employing an agent to buy a horse from the debtor as if for himself, but with the prearranged scheme to pay for it with the creditor’s claim, was such' a fraud as prevented the passing of the title.

1930Counsel for the respondent urge, however, that in Coyne v. Prichard, supra, the ordinance expressly commanded the officer to issue the permit, and that the present ordinance, 'containing no positive mandate, imposed no duty.

1930Misc. 103, 131 Atl. 906 , they held that neither fire hazard nor alleged danger from increased traffic took the case out of the rule.

1927Co., 55 Pa. 53, 62 ; Moyer v. Penna.

1923Although the plaintiffs aver fraud in the procurement of the contract, this, of itself, is not sufficient to take the case out of the rule that jurisdiction in equity will not be taken if there is adequate remedy at law: Edelman v. Latshaw, 159 Pa. 644 ; Johnson v. Swanke, 128 Wis. 68 , 107 N. W.

1923Although the plaintiffs aver fraud in the procurement of the contract, this, of itself, is not sufficient to take the case out of the rule that jurisdiction in equity will not be taken if there is adequate remedy at law: Edelman v. Latshaw, 159 Pa. 644 ; Johnson v. Swanke, 128 Wis. 68 , 107 N. W.

1921The controlling rule in such cases is stated in Schrader v. Beatty, 206 Pa. 184 : “This rule is for the protection of a master and his estate, and is never relaxed when the relation between him and his employee are those purely of master and servant; but when he establishes and maintains new and different relations to his servant during the continuance of the service, he, himself takes the case out of the rule.

1912Contracts for public works are within the rule: Painter v. Pittsburg, 46 Pa. 213 ; Erie v. Caulkins, 85 Pa. 247 ; Susquehanna Boro. v. Simmons, 112 Pa. 384 .

1912Contracts for public works are within the rule: Painter v. Pittsburg, 46 Pa. 213 ; Erie v. Caulkins, 85 Pa. 247 ; Susquehanna Boro. v. Simmons, 112 Pa. 384 .

1912Contracts for public works are within the rule: Painter v. Pittsburg, 46 Pa. 213 ; Erie v. Caulkins, 85 Pa. 247 ; Susquehanna Boro. v. Simmons, 112 Pa. 384 .