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18 Pennsylvania opinions name it 6 courts 1906–2021 2 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.
| Case | Followed | Cited |
|---|---|---|
Rosche v. McCoygreen2 sentences2021Rosche v. McCoy, 156 A.2d 307, 309 (Pa. 1959) (stating, “[c]ompetency is the rule and incompetency the exception”). 2021Rosche v. McCoy, 156 A.2d 307, 309 (Pa. 1959) (“[c]ompetency is the rule and incompetency the exception”). | 6 | 7 |
Commonwealth v. Clantongreen2 sentences1982See also Com. v. Clanton, 395 Pa. 521, 527 , 151 A. 2d 88 , (1959), where the court said: “The Act [governing interspousal immunity] was intended to make competency the rule and incompetency the exception, and a narrow construction of the Act would often result in suppressing truth.” . 1982See also Com. v. Clanton, 395 Pa. 521, 527 , 151 A. 2d 88 , (1959), where the court said: “The Act [governing interspousal immunity] was intended to make competency the rule and incompetency the exception, and a narrow construction of the Act would often result in suppressing truth.” . | 4 | 5 |
Commonwealth v. Delbridgegreen2 sentences2021“A decision on the necessity of a competency hearing is - 11 - addressed to the discretion of the trial court.” Delbridge, 855 A.2d at 39 (citation omitted). 2021“A decision on the necessity of a competency hearing is addressed to the discretion of the trial court.” Delbridge, 855 A.2d at 39 (citation omitted). | 2 | 2 |
Pincus Estategreen2 sentences1964Any rule that impedes the discovery of truth in a court of law impedes as well the doing of justice.’ ” The court below also relied on Pincus Estate, 378 Pa. 102, 109-110 , 105 A. 2d 82, 86 (1954), which said: “A person is not sui juris at any age less than 21 full years regardless of his physique, mentality, education, experience or accomplishments.” We agree with the court below that decedent’s son was not an adult (particularly since he was still a member of appellant’s household) within the meaning of the Act of 1887, as amended, and that appellant’s wife was, therefore, competent to testi 1964Any rule that impedes the discovery of truth in a court of law impedes as well the doing of justice.’ ” The court below also relied on Pincus Estate, 378 Pa. 102, 109-110 , 105 A. 2d 82, 86 (1954), which said: “A person is not sui juris at any age less than 21 full years regardless of his physique, mentality, education, experience or accomplishments.” We agree with the court below that decedent’s son was not an adult (particularly since he was still a member of appellant’s household) within the meaning of the Act of 1887, as amended, and that appellant’s wife was, therefore, competent to testi | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Pattison v. Cobb
neutral
2 sentences1963Our conclusion that plaintiff became competent is also supported by the principle that under the Act of 1887 competency is the rule and incompetency the exception : Pattison v. Cobb, 212 Pa. 572 . 1906In a very recent case Justice Brown said that the act had been uniformly interpreted “ in the light of the literal meaning of its words ” and that under its provisions “ competency of witnesses in civil cases is the rule and incompetency the exception : ” Pattison v. Cobb, 212 Pa. 572 . | 4 | 1906–1963 |
Hendrickson Estate
green
2 sentences1970“The burden to prove incompetency rests upon [William Moore], competency to testify being the rule and incompetency the exception: (Rosche v. McCoy, 397 Pa. 615, 619, 620 , 156 A. 2d 307 (1959) and authorities therein cited; Hendrickson Estate, 388 Pa. 39, 44 , 130 A. 2d 143 (1957)). 1970“The burden to prove incompetency rests upon [William Moore], competency to testify being the rule and incompetency the exception: (Rosche v. McCoy, 397 Pa. 615, 619, 620 , 156 A. 2d 307 (1959) and authorities therein cited; Hendrickson Estate, 388 Pa. 39, 44 , 130 A. 2d 143 (1957)). | 2 | 1968–1970 |
Allen's Estate
neutral
2 sentences1959Allen’s Estate, 207 Pa. 325, 327 , 56 Atl. 928 ; *620 Pattison v. Cobb, 212 Pa. 572, 573 , 61 Atl. 1108 ; Bates v. Carter Const. Co., 255 Pa. 200, 205 , 99 A. 813, 814 . 1939And it is now well established that the competency of witnesses in civil cases is the rule and incompetency the exception and, further, that objections to the competency of a witness for interest should be discountenanced unless they clearly appear: Bates v. Carter Const. Co., 255 Pa. 200 (1916) ; Allen’s Estate, 207 Pa. 325 (1904). | 2 | 1939–1959 |
Bates v. Carter Construction Co.
green
2 sentences1959Allen’s Estate, 207 Pa. 325, 327 , 56 Atl. 928 ; *620 Pattison v. Cobb, 212 Pa. 572, 573 , 61 Atl. 1108 ; Bates v. Carter Const. Co., 255 Pa. 200, 205 , 99 A. 813, 814 . 1939And it is now well established that the competency of witnesses in civil cases is the rule and incompetency the exception and, further, that objections to the competency of a witness for interest should be discountenanced unless they clearly appear: Bates v. Carter Const. Co., 255 Pa. 200 (1916) ; Allen’s Estate, 207 Pa. 325 (1904). | 2 | 1939–1959 |
Davidson v. State
green
1 sentence1982Accord: Davidson v. State, 386 SW2d 144 (Texas 1965); Eubanks v. State, 135 So 2d 183 (Miss. 1961). | 1 | 1982–1982 |
Commonwealth v. Fox
green
2 sentences1974In Commonwealth v. Fox, 445 Pa. 76 , 282 A.2d 341 (1971), we stated: “ ‘Competency is the rule and incompetency the exception .... 1974In Commonwealth v. Fox, 445 Pa. 76 , 282 A.2d 341 (1971), we stated: “ ‘Competency is the rule and incompetency the exception .... | 1 | 1974–1974 |
Foringer v. Sisson
green
1 sentence1906The courts have no authority to construe the act contrary to its plain provisions, and thus add to the exceptions to the general rule of competency, in the vain effort to put the parties in interest in every litigation that maj’- arise upon an equal footing: Foringer v. Sisson, 14 Pa. Superior Ct. 266 ; Smith v. Hay, 152 Pa. 377 . | 1 | 1906–1906 |
Smith v. Hay
green
1 sentence1906The courts have no authority to construe the act contrary to its plain provisions, and thus add to the exceptions to the general rule of competency, in the vain effort to put the parties in interest in every litigation that maj’- arise upon an equal footing: Foringer v. Sisson, 14 Pa. Superior Ct. 266 ; Smith v. Hay, 152 Pa. 377 . | 1 | 1906–1906 |