long-recognized principle in Pennsylvania

2003The quality of a particular agency decision will clearly be affected by the communications received by the decisionmaker on the subject of the decision prior to the time the decision is made.... [FOIA] Exemption 5, properly construed, calls for ... the withholding of all papers which reflect the agency's group thinking in the process of working out its policy and determining what its law shall be.' NLRB v. Sears, Roebuck & Co., 421 U.S. at 150-51 , 95 S.Ct. 1504 (some citations and footnotes omitted).

2003The quality of a particular agency decision will clearly be affected by the communications received by the decisionmaker on the subject of the decision prior to the time the decision is made.... [FOIA] Exemption 5, properly construed, calls for ... the withholding of all papers which reflect the agency's group thinking in the process of working out its policy and determining what its law shall be.' NLRB v. Sears, Roebuck & Co., 421 U.S. at 150-51 , 95 S.Ct. 1504 (some citations and footnotes omitted).

2014This analysis was later approved by our Supreme Court in New Castle School District v. Travers, 353 Pa. 261 , 44 A.2d 665 (1945), a case involving the distribution of rents received by the County Commissioners of Lawrence County for several pieces of real estate acquired at a County Treasurer’s sale.

2014This analysis was later approved by our Supreme Court in New Castle School District v. Travers, 353 Pa. 261 , 44 A.2d 665 (1945), a case involving the distribution of rents received by the County Commissioners of Lawrence County for several pieces of real estate acquired at a County Treasurer’s sale.

2014Further, the Court found it “significant that the long recognized principle that the tax oldest in point of lien shall have priority has not been changed by any legislative pronouncement.” Id.

2005Accordingly, while the court ultimately held Mr. Rothman to the terms of the settlement that he had not authorized, it did so not based on a conclusion that his counsel had apparent authority, but rather, based on "the long recognized principle that where one of two innocent parties must suffer because of the fraud of a third, the one who has accredited him must bear the loss." Id. (citing Keller v. N.J.

2005Accordingly, while the court ultimately held Mr. Rothman to the terms of the settlement that he had not authorized, it did so not based on a conclusion that his counsel had apparent authority, but rather, based on “the long recognized principle that where one of two innocent parties must suffer because of the fraud of a third, the one who has accredited him must bear the loss.” Id. (citing Keller v. N.J.

1989As Justice Jones pointed out in his dissenting opinion, 424 Pa. at 107 , 225 A.2d at 531 : Not only has Section 335 not been adopted by this Court but it is contrary to the long recognized rule in this Commonwealth, i.e. that a plaintiff who is a trespasser can recover only if the defendant is guilty of wanton or willful misconduct.

1989As Justice Jones pointed out in his dissenting opinion, 424 Pa. at 107 , 225 A.2d at 531 : Not only has Section 335 not been adopted by this Court but it is contrary to the long recognized rule in this Commonwealth, i.e. that a plaintiff who is a trespasser can recover only if the defendant is guilty of wanton or willful misconduct.

1974(Emphasis original.) (2) “. . . [Ejvery presumption is in favor of the constitutionality of acts of the legislative body. . . .” Glancey v. Casey, 447 Pa. 77, 88 , 288 A. 2d 812 (1972). (3) “It is a long recognized doctrine that whenever an act of assembly is susceptible of different interpretations ... it is the duty of a court of justice to give to the act that construction which harmonizes with the constitution, for such is presumed to be the legislative intent.” Dolan v. Linton’s Lunch, 397 Pa. 114, 124 , 152 A. 2d 887 (1959). (4) “It is axiomatic that he who asks to have a law declared un

1974(Emphasis original.) (2) “. . . [Ejvery presumption is in favor of the constitutionality of acts of the legislative body. . . .” Glancey v. Casey, 447 Pa. 77, 88 , 288 A. 2d 812 (1972). (3) “It is a long recognized doctrine that whenever an act of assembly is susceptible of different interpretations ... it is the duty of a court of justice to give to the act that construction which harmonizes with the constitution, for such is presumed to be the legislative intent.” Dolan v. Linton’s Lunch, 397 Pa. 114, 124 , 152 A. 2d 887 (1959). (4) “It is axiomatic that he who asks to have a law declared un

1974(Emphasis original.) (2) “. . . [Ejvery presumption is in favor of the constitutionality of acts of the legislative body. . . .” Glancey v. Casey, 447 Pa. 77, 88 , 288 A. 2d 812 (1972). (3) “It is a long recognized doctrine that whenever an act of assembly is susceptible of different interpretations ... it is the duty of a court of justice to give to the act that construction which harmonizes with the constitution, for such is presumed to be the legislative intent.” Dolan v. Linton’s Lunch, 397 Pa. 114, 124 , 152 A. 2d 887 (1959). (4) “It is axiomatic that he who asks to have a law declared un

1974(Emphasis original.) (2) “. . . [Ejvery presumption is in favor of the constitutionality of acts of the legislative body. . . .” Glancey v. Casey, 447 Pa. 77, 88 , 288 A. 2d 812 (1972). (3) “It is a long recognized doctrine that whenever an act of assembly is susceptible of different interpretations ... it is the duty of a court of justice to give to the act that construction which harmonizes with the constitution, for such is presumed to be the legislative intent.” Dolan v. Linton’s Lunch, 397 Pa. 114, 124 , 152 A. 2d 887 (1959). (4) “It is axiomatic that he who asks to have a law declared un

1974(Emphasis original.) (2) “. . . [Ejvery presumption is in favor of the constitutionality of acts of the legislative body. . . .” Glancey v. Casey, 447 Pa. 77, 88 , 288 A. 2d 812 (1972). (3) “It is a long recognized doctrine that whenever an act of assembly is susceptible of different interpretations ... it is the duty of a court of justice to give to the act that construction which harmonizes with the constitution, for such is presumed to be the legislative intent.” Dolan v. Linton’s Lunch, 397 Pa. 114, 124 , 152 A. 2d 887 (1959). (4) “It is axiomatic that he who asks to have a law declared un

1974(Emphasis original.) (2) “. . . [Ejvery presumption is in favor of the constitutionality of acts of the legislative body. . . .” Glancey v. Casey, 447 Pa. 77, 88 , 288 A. 2d 812 (1972). (3) “It is a long recognized doctrine that whenever an act of assembly is susceptible of different interpretations ... it is the duty of a court of justice to give to the act that construction which harmonizes with the constitution, for such is presumed to be the legislative intent.” Dolan v. Linton’s Lunch, 397 Pa. 114, 124 , 152 A. 2d 887 (1959). (4) “It is axiomatic that he who asks to have a law declared un

1945In Deibert v. Rhodes, 291 Pa. 550 , this court said: “ ‘Whether a particular statute is mandatory or directory does not depend upon its form, but upon the intention of the legislature, to be ascertained from a consideration of the entire act, its nature, its object, and the consequences that would result from construing it one way or the other’: 36 Cyc. 1157; quoted with approval in McQuiston’s Adoption, 238 Pa. 304, 308 . ‘When a statute directs certain proceedings to be done in a certain way, or at a certain time, the law will be regarded as directory and the proceedings under it will be hel

1945In Deibert v. Rhodes, 291 Pa. 550 , this court said: “ ‘Whether a particular statute is mandatory or directory does not depend upon its form, but upon the intention of the legislature, to be ascertained from a consideration of the entire act, its nature, its object, and the consequences that would result from construing it one way or the other’: 36 Cyc. 1157; quoted with approval in McQuiston’s Adoption, 238 Pa. 304, 308 . ‘When a statute directs certain proceedings to be done in a certain way, or at a certain time, the law will be regarded as directory and the proceedings under it will be hel

1945In Deibert v. Rhodes, 291 Pa. 550 , this court said: “ ‘Whether a particular statute is mandatory or directory does not depend upon its form, but upon the intention of the legislature, to be ascertained from a consideration of the entire act, its nature, its object, and the consequences that would result from construing it one way or the other’: 36 Cyc. 1157; quoted with approval in McQuiston’s Adoption, 238 Pa. 304, 308 . ‘When a statute directs certain proceedings to be done in a certain way, or at a certain time, the law will be regarded as directory and the proceedings under it will be hel

1945In Deibert v. Rhodes, 291 Pa. 550 , this court said: “ ‘Whether a particular statute is mandatory or directory does not depend upon its form, but upon the intention of the legislature, to be ascertained from a consideration of the entire act, its nature, its object, and the consequences that would result from construing it one way or the other’: 36 Cyc. 1157; quoted with approval in McQuiston’s Adoption, 238 Pa. 304, 308 . ‘When a statute directs certain proceedings to be done in a certain way, or at a certain time, the law will be regarded as directory and the proceedings under it will be hel

1944Veering from the long-recognized rule followed in the cases cited from Moore’s Estate, 198 Pa. 611 , to Harrison’s Estate, 322 Pa. 532 , the Supreme Court adopted the rule proclaimed in the Restatement of the Law of Trusts, secs. 338 and 339.

1944Veering from the long-recognized rule followed in the cases cited from Moore’s Estate, 198 Pa. 611 , to Harrison’s Estate, 322 Pa. 532 , the Supreme Court adopted the rule proclaimed in the Restatement of the Law of Trusts, secs. 338 and 339.