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15 Pennsylvania opinions name it 7 courts 1883–2009 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Jenningsgreen2 sentences2009The Jennings court cited its own decisions in Freed and McClain as support for its holding, and further stated: “We find persuasive the decisions of the respected courts of other states [which] have held that sexual assault nurse examiners are qualified to testify as expert witnesses to the causation of injuries to victims of sexual crimes.” Id. at 541. 7 Despite our conclusion that Flanagan is inherently flawed, we are loathe to reverse our own prior decisions, as such action necessarily implicates the great principle of stare decisis. 2009The Jennings court cited its own decisions in Freed and McClain as support for its holding, and further stated: "We find persuasive the decisions of the respected courts of other states [which] have held that sexual assault nurse examiners are qualified to testify as expert witnesses to the causation of injuries to victims of sexual crimes." Id. at 541. [7] Despite our conclusion that Flanagan is inherently flawed, we are loathe to reverse our own prior decisions, as such action necessarily implicates the great principle of stare decisis. | 1 | 1 |
Atkins v. Virginiagreen2 sentences2008See Atkins, 536 U.S. at 311 , 122 S.Ct. 2242 (“A claim that punishment is excessive is not judged by the standards that prevailed in 1685 when Lord Jeffreys presided over the ‘Bloody Assizes’ or when the Bill of Rights was adopted, but rather by those that currently prevail” (italics supplied)); Trop v. Dulles, 356 U.S. 86, 101 , 78 S.Ct. 590 , 2 L.Ed.2d 630 (1958) (noting that the Eighth Amendment is governed by “the evolving standards of decency that mark the progress of a maturing society”). 2008See Atkins, 536 U.S. at 311 , 122 S.Ct. 2242 (“A claim that punishment is excessive is not judged by the standards that prevailed in 1685 when Lord Jeffreys presided over the ‘Bloody Assizes’ or when the Bill of Rights was adopted, but rather by those that currently prevail” (italics supplied)); Trop v. Dulles, 356 U.S. 86, 101 , 78 S.Ct. 590 , 2 L.Ed.2d 630 (1958) (noting that the Eighth Amendment is governed by “the evolving standards of decency that mark the progress of a maturing society”). | 1 | 1 |
Ervine's Appealgreen2 sentences1982(Emphasis added) Ervine's Appeal, 16 Pa. 256, 263-64 (1851) I fully appreciate that property rights are not absolute and that the public may regulate in the common interest. 1982(Emphasis added) Ervine’s Appeal, 16 Pa. 256, 263-64 (1851) I fully appreciate that property rights are not absolute and that the public may regulate in the common interest. | 1 | 1 |
Metzgar Estategreen1 sentence1961See also Metzgar Estate, 395 Pa. 322 . | 1 | 1 |
Palairet's Appealgreen1 sentence1947The great principle is, that a man’s property is his own, and that he shall enjoy it according to his pleasure (injuring no other man) until it is proved in a due process of law that it is not his, but belongs to another.” In Palairet’s Appeal, 67 Pa. 479, 485, 486 , Mr. Justice (later Chief Justice) Sharswood said: “If ... an Act of Assembly .. . operates retroactively to take what is, by existing law, the property of one man, and, without his consent, transfer it to another, with or without com *591 pensation, it is in violation of that clause in the Bill of Bights, Const., Art. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Chandler v. Woelpper
green
2 sentences1934As in all such cases, care is required that tools shall not become fetters, and that the real end shall not be sacrificed to what was intended only as the means of reaching it’: Woelpper’s App., 126 Pa. 562, 572 . 1933As in all such cases, care is required that tools shall not become fetters, and that the real end shall not be sacrificed to what was intended only as the means of reaching it”: Woelpper’s App., 126 Pa. 562, 572 . | 3 | 1899–1934 |
Ex Parte Jackson
green
2 sentences2000No law of [CJongress can place in the hands of officials connected with the postal service any authority to invade the secrecy of. letters and such sealed packages in the mail; and all regulations as to mail matters of this time must be in subordination to the great principle embodied in the 4th Amendment of the Constitution.” Ex parte Jackson, 96 U.S. 727, 733 , 24 L.Ed. 877 (1878). 14 We find that Ex parte Jackson is inapplicable in the present case. 2000No law of [CJongress can place in the hands of officials connected with the postal service any authority to invade the secrecy of. letters and such sealed packages in the mail; and all regulations as to mail matters of this time must be in subordination to the great principle embodied in the 4th Amendment of the Constitution.” Ex parte Jackson, 96 U.S. 727, 733 , 24 L.Ed. 877 (1878). 14 We find that Ex parte Jackson is inapplicable in the present case. | 2 | 1937–2000 |
Commonwealth v. Tilghman
green
2 sentences2009The "rule of stare decisis declares that for the sake of certainty, a conclusion reached in one case should be applied to those which follow, if the facts are substantially the same, even though the parties may be different." Commonwealth v. Tilghman, 543 Pa. 578 , 588 n. 9, 673 A.2d 898 , 903 n. 9 (1996). 2009The "rule of stare decisis declares that for the sake of certainty, a conclusion reached in one case should be applied to those which follow, if the facts are substantially the same, even though the parties may be different." Commonwealth v. Tilghman, 543 Pa. 578 , 588 n. 9, 673 A.2d 898 , 903 n. 9 (1996). | 1 | 2009–2009 |
Trop v. Dulles
green
2 sentences2008See Atkins, 536 U.S. at 311 , 122 S.Ct. 2242 (“A claim that punishment is excessive is not judged by the standards that prevailed in 1685 when Lord Jeffreys presided over the ‘Bloody Assizes’ or when the Bill of Rights was adopted, but rather by those that currently prevail” (italics supplied)); Trop v. Dulles, 356 U.S. 86, 101 , 78 S.Ct. 590 , 2 L.Ed.2d 630 (1958) (noting that the Eighth Amendment is governed by “the evolving standards of decency that mark the progress of a maturing society”). 2008See Atkins, 536 U.S. at 311 , 122 S.Ct. 2242 (“A claim that punishment is excessive is not judged by the standards that prevailed in 1685 when Lord Jeffreys presided over the ‘Bloody Assizes’ or when the Bill of Rights was adopted, but rather by those that currently prevail” (italics supplied)); Trop v. Dulles, 356 U.S. 86, 101 , 78 S.Ct. 590 , 2 L.Ed.2d 630 (1958) (noting that the Eighth Amendment is governed by “the evolving standards of decency that mark the progress of a maturing society”). | 1 | 2008–2008 |
Banes Estate
green
2 sentences1977As in all such cases, care is required that tools shall not become fetters, and that the real end shall not be sacrificed to what was intended only as the means of reaching it.’ ” In Banes Estate (1973), 452 Pa. 388, 392 , 305 A. 2d 723 , the Supreme Court, speaking through Mr. Justice Roberts, reiterates: “The law and the legal principles governing the interpretation of wills is well settled, but their application ... is often difficult. 1977As in all such cases, care is required that tools shall not become fetters, and that the real end shall not be sacrificed to what was intended only as the means of reaching it.’ ” In Banes Estate (1973), 452 Pa. 388, 392 , 305 A. 2d 723 , the Supreme Court, speaking through Mr. Justice Roberts, reiterates: “The law and the legal principles governing the interpretation of wills is well settled, but their application ... is often difficult. | 1 | 1977–1977 |
Reck's Appeal
green
2 sentences1967As in all such cases, care is required that tools shall not become fetters, and that the real end shall not be sacrificed to what was intended only as the means of reaching it.” Accord: Rede’s Appeal,. 78 Pa. 432 (1875); Baker and Wheeler’s Appeal, 115 Pa. 590, 593 , 8 Atl. 630 (1887). 1967As in all such cases, care is required that tools shall not become fetters, and that the real end shall not be sacrificed to what was intended only as the means of reaching it." Accord: Reck's Appeal, 78 Pa. 432 (1875); Baker and Wheeler's Appeal, 115 Pa. 590, 593 , 8 Atl. 630 (1887). | 1 | 1967–1967 |
Baker & Wheeler's Appeal
neutral
2 sentences1967As in all such cases, care is required that tools shall not become fetters, and that the real end shall not be sacrificed to what was intended only as the means of reaching it." Accord: Reck's Appeal, 78 Pa. 432 (1875); Baker and Wheeler's Appeal, 115 Pa. 590, 593 , 8 Atl. 630 (1887). 1967As in all such cases, care is required that tools shall not become fetters, and that the real end shall not be sacrificed to what was intended only as the means of reaching it." Accord: Reck's Appeal, 78 Pa. 432 (1875); Baker and Wheeler's Appeal, 115 Pa. 590, 593 , 8 Atl. 630 (1887). | 1 | 1967–1967 |
Lusk Estate
green
1 sentence1961The Act of 1923, of course, is a rule of construction and as such is subservient to the great rule as to intent: Lusk Estate, 354 Pa. 6 . | 1 | 1961–1961 |
Thomas v. Gay
green
1 sentence1937And see Thomas v. Gay , 169 U.S. 264 , 276 . | 1 | 1937–1937 |
Johnson v. Morton
green
1 sentence1934As in all such cases, care is required that tools shall not become fetters, and that the real end shall not be sacrificed to what was intended only as the means of reaching it.” These rules of construction were further elucidated by Judge Gest in Jones’s Estate, 7 D. & C. 335, 337: “The argument on the other side, presented by Judge Jenkins, is founded on the general rule adopted in this State that words of survivorship refer to the period of the testator’s death, as laid down in Johnson v. Morton, 10 Pa. 245 ; Ross v. Drake, 37 Pa. 373 , and many other cases. | 1 | 1934–1934 |
Ross v. Drake
green
1 sentence1934As in all such cases, care is required that tools shall not become fetters, and that the real end shall not be sacrificed to what was intended only as the means of reaching it.” These rules of construction were further elucidated by Judge Gest in Jones’s Estate, 7 D. & C. 335, 337: “The argument on the other side, presented by Judge Jenkins, is founded on the general rule adopted in this State that words of survivorship refer to the period of the testator’s death, as laid down in Johnson v. Morton, 10 Pa. 245 ; Ross v. Drake, 37 Pa. 373 , and many other cases. | 1 | 1934–1934 |
Hollingsworth v. Fry
neutral
1 sentence1883It was said in Hollingsworth v. Fry, 4 Dallas 345 , that “The great rule of interpretation with inspect to deeds and contracts is to put such a construction upon them as will effectuate the intention of the parties, if such intention be consistent with the principles of law. | 1 | 1883–1883 |
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.