making rule (Pennsylvania) · Go Syfert
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making rule in Pennsylvania

14 Pennsylvania opinions name it 9 courts 1912–2012 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.

Followed or applied (6)

CaseFollowedCited
Haegele v. Pennsylvania General Insurancegreen
pa · 1984 · cited in 1 Pennsylvania opinions naming this issue, 2006–2006
2 sentences

2006Co., 330 Pa.Super. 481 , 479 A.2d 1005, 1008 (1984) (reiterating that pursuant to Section 7317, an application to the court shall follow regular petition rules).

2006Co., 330 Pa.Super. 481 , 479 A.2d 1005, 1008 (1984) (reiterating that pursuant to Section 7317, an application to the court shall follow regular petition rules).

11
Prima Paint Corp. v. Flood & Conklin Mfg. Co.green
scotus · 1967 · cited in 1 Pennsylvania opinions naming this issue, 2005–2005
2 sentences

2005Rather, as stated in the FAA, only when the making of the clause itself is in issue is the arbitration provision rendered ineffective. 9 U.S.C. §§2-4 ; Prima Paint, 388 U.S. at 403-404 , 87 S.Ct. 1801 .

2005Rather, as stated in the FAA, only when the making of the clause itself is in issue is the arbitration provision rendered ineffective. 9 U.S.C. §§2-4 ; Prima Paint, 388 U.S. at 403-404 , 87 S.Ct. 1801 .

11
STRAFF v. NATIONWIDE MUT. F. INS. CO.green
pasuperct · 1974 · cited in 1 Pennsylvania opinions naming this issue, 1981–1981
2 sentences

1981While local procedural rules are “an absolute essential to the orderly administration of justice and the smooth and efficient operation of the judicial process,” Straff v. Nationwide Mutual Fire Insurance Co., 230 Pa.Super. 403, 407 , 326 A.2d 586, 587 (1974), it is well settled that the court making the rule has broad power to suspend or disregard the rule to prevent an injustice.

1981While local procedural rules are “an absolute essential to the orderly administration of justice and the smooth and efficient operation of the judicial process,” Straff v. Nationwide Mutual Fire Insurance Co., 230 Pa.Super. 403, 407 , 326 A.2d 586, 587 (1974), it is well settled that the court making the rule has broad power to suspend or disregard the rule to prevent an injustice.

11
McFadden v. Pennzoil Companygreen
pa · 1937 · cited in 1 Pennsylvania opinions naming this issue, 1981–1981
2 sentences

1981See McFadden v. Pennzoil Co., 326 Pa. 277 , 191 A. 584 (1937); Caples v. Klugman, 202 Pa.Super. 517 , 198 A.2d 342 (1964); Stokes Estate, 167 Pa.Super. 128 , 74 A.2d 517 (1950); Werts v. Luzerne Borough Authority, 15 Pa.Cmwlth. 631 , 329 A.2d 335 (1974) (collecting cases).

1981See McFadden v. Pennzoil Co., 326 Pa. 277 , 191 A. 584 (1937); Caples v. Klugman, 202 Pa.Super. 517 , 198 A.2d 342 (1964); Stokes Estate, 167 Pa.Super. 128 , 74 A.2d 517 (1950); Werts v. Luzerne Borough Authority, 15 Pa.Cmwlth. 631 , 329 A.2d 335 (1974) (collecting cases).

11
Perelman v. Yeadon Borough Board of Adjustmentgreen
pasuperct · 1940 · cited in 1 Pennsylvania opinions naming this issue, 1950–1950
1 sentence

1950We have no power to overrule the board of adjustment in the exercise of this discretionary power, unless its decision is arbitrary, capricious, and unreasonable, or clearly in violation of positive law: Floersheim Appeal, 348 Pa. 98 ; or, as it is sometimes stated, unless there is a “manifest and flagrant abuse of discretion”: Jennings’ Appeal, 330 Pa. 154, 157 ; Liggett’s Petition, 291 Pa. 109, 117 ; Reininger Zoning Case, 362 Pa. 116, 117 ; Berman et al. v. Exley et al., 355 Pa. 415 ; Elkins Park Improvement Association Zoning Case, 361 Pa. 322, 325 ; Overbrook Farms Club v. Philadelphia Zon

11
Compher v. Comphergreen
pa · 1855 · cited in 1 Pennsylvania opinions naming this issue, 1930–1930
1 sentence

1930See Compher v. Compher et al., 25 Pa. 31 .

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 (20)

CaseCitedYears
Cope v. INSURANCE COM'R OF COM. green
pacommwct · 2008
1 sentence

2012Finally, Appellant regards the Commonwealth Court’s present decision as inconsistent with its prior one in Cope , where the court indicated that “[r]eeeiving a bare writ of summons ... does not by itself provide notice that a claim is eligible for Section 715 coverage because it does not contain information that would enable a health care provider to make that determination.” Cope, 955 A.2d at 1050 .

12012–2012
Stokes Estate green
pasuperct · 1950
2 sentences

1981See McFadden v. Pennzoil Co., 326 Pa. 277 , 191 A. 584 (1937); Caples v. Klugman, 202 Pa.Super. 517 , 198 A.2d 342 (1964); Stokes Estate, 167 Pa.Super. 128 , 74 A.2d 517 (1950); Werts v. Luzerne Borough Authority, 15 Pa.Cmwlth. 631 , 329 A.2d 335 (1974) (collecting cases).

1981See McFadden v. Pennzoil Co., 326 Pa. 277 , 191 A. 584 (1937); Caples v. Klugman, 202 Pa.Super. 517 , 198 A.2d 342 (1964); Stokes Estate, 167 Pa.Super. 128 , 74 A.2d 517 (1950); Werts v. Luzerne Borough Authority, 15 Pa.Cmwlth. 631 , 329 A.2d 335 (1974) (collecting cases).

11981–1981
Werts v. Luzerne Borough Authority green
pacommwct · 1974
2 sentences

1981See McFadden v. Pennzoil Co., 326 Pa. 277 , 191 A. 584 (1937); Caples v. Klugman, 202 Pa.Super. 517 , 198 A.2d 342 (1964); Stokes Estate, 167 Pa.Super. 128 , 74 A.2d 517 (1950); Werts v. Luzerne Borough Authority, 15 Pa.Cmwlth. 631 , 329 A.2d 335 (1974) (collecting cases).

1981See McFadden v. Pennzoil Co., 326 Pa. 277 , 191 A. 584 (1937); Caples v. Klugman, 202 Pa.Super. 517 , 198 A.2d 342 (1964); Stokes Estate, 167 Pa.Super. 128 , 74 A.2d 517 (1950); Werts v. Luzerne Borough Authority, 15 Pa.Cmwlth. 631 , 329 A.2d 335 (1974) (collecting cases).

11981–1981
Caples v. Klugman green
pasuperct · 1964
2 sentences

1981See McFadden v. Pennzoil Co., 326 Pa. 277 , 191 A. 584 (1937); Caples v. Klugman, 202 Pa.Super. 517 , 198 A.2d 342 (1964); Stokes Estate, 167 Pa.Super. 128 , 74 A.2d 517 (1950); Werts v. Luzerne Borough Authority, 15 Pa.Cmwlth. 631 , 329 A.2d 335 (1974) (collecting cases).

1981See McFadden v. Pennzoil Co., 326 Pa. 277 , 191 A. 584 (1937); Caples v. Klugman, 202 Pa.Super. 517 , 198 A.2d 342 (1964); Stokes Estate, 167 Pa.Super. 128 , 74 A.2d 517 (1950); Werts v. Luzerne Borough Authority, 15 Pa.Cmwlth. 631 , 329 A.2d 335 (1974) (collecting cases).

11981–1981
Hesselgesser v. Glen-Craft Contractors, Inc. green
pasuperct · 1981
2 sentences

1981It said: “Accordingly, although Rule 302(d) is silent as to the procedure to be followed after a sanction has been imposed, we believe that the Montgomery County Court of Common Pleas would vacate an order imposing a sanction if the noncomplying party, by timely petition, offered a reasonable excuse for its failure to file a brief within the prescrt’s refusal to excuse noncompliance constituted an abuse of discretion, its decision would be reversed on appeal.” Id., 287 Pa.Super. 319 , 430 A.2d 305 .

1981It said: “Accordingly, although Rule 302(d) is silent as to the procedure to be followed after a sanction has been imposed, we believe that the Montgomery County Court of Common Pleas would vacate an order imposing a sanction if the noncomplying party, by timely petition, offered a reasonable excuse for its failure to file a brief within the prescrt’s refusal to excuse noncompliance constituted an abuse of discretion, its decision would be reversed on appeal.” Id., 287 Pa.Super. 319 , 430 A.2d 305 .

11981–1981
Ross Appeal green
pa · 1950
2 sentences

1977We find the reasoning of the companion cases of Hess v. Westerwick, 366 Pa. 90 , 76 A. 2d 745 (1950), and Ross Appeal, 366 Pa. 100 , 76 A. 2d 749 (1950), to be the basis for the above amendment and, therefore, illustrative to its intent.

1977We find the reasoning of the companion cases of Hess v. Westerwick, 366 Pa. 90 , 76 A. 2d 745 (1950), and Ross Appeal, 366 Pa. 100 , 76 A. 2d 749 (1950), to be the basis for the above amendment and, therefore, illustrative to its intent.

11977–1977
Hess v. Westerwick green
pa · 1950
2 sentences

1977We find the reasoning of the companion cases of Hess v. Westerwick, 366 Pa. 90 , 76 A. 2d 745 (1950), and Ross Appeal, 366 Pa. 100 , 76 A. 2d 749 (1950), to be the basis for the above amendment and, therefore, illustrative to its intent.

1977We find the reasoning of the companion cases of Hess v. Westerwick, 366 Pa. 90 , 76 A. 2d 745 (1950), and Ross Appeal, 366 Pa. 100 , 76 A. 2d 749 (1950), to be the basis for the above amendment and, therefore, illustrative to its intent.

11977–1977
Whelan v. MacK green
pasuperct · 1959
1 sentence

1964In Whelan v. Mack, 190 Superior Ct. 40, 151 A. 2d 797 (1959), the Superior Court affirmed the order of the lower court making a rule to open a default judgment absolute.

11964–1964
Shinn v. Stemler green
pasuperct · 1946
1 sentence

1957“In Shinn v. Stemler, 159 Pa. Superior Ct. 129 , which was an appeal by defendant from the order of the court making the rule absolute for citation for the possession of real estate, the court said at p. 130: ‘The question presented is whether that appeal nevertheless acted as a supersedeas.

11957–1957
Overbrook Farms Club v. Philadelphia Zoning Board of Adjustment green
pa · 1944
1 sentence

1950We have no power to overrule the board of adjustment in the exercise of this discretionary power, unless its decision is arbitrary, capricious, and unreasonable, or clearly in violation of positive law: Floersheim Appeal, 348 Pa. 98 ; or, as it is sometimes stated, unless there is a “manifest and flagrant abuse of discretion”: Jennings’ Appeal, 330 Pa. 154, 157 ; Liggett’s Petition, 291 Pa. 109, 117 ; Reininger Zoning Case, 362 Pa. 116, 117 ; Berman et al. v. Exley et al., 355 Pa. 415 ; Elkins Park Improvement Association Zoning Case, 361 Pa. 322, 325 ; Overbrook Farms Club v. Philadelphia Zon

11950–1950
Floersheim Appeal green
pa · 1943
1 sentence

1950We have no power to overrule the board of adjustment in the exercise of this discretionary power, unless its decision is arbitrary, capricious, and unreasonable, or clearly in violation of positive law: Floersheim Appeal, 348 Pa. 98 ; or, as it is sometimes stated, unless there is a “manifest and flagrant abuse of discretion”: Jennings’ Appeal, 330 Pa. 154, 157 ; Liggett’s Petition, 291 Pa. 109, 117 ; Reininger Zoning Case, 362 Pa. 116, 117 ; Berman et al. v. Exley et al., 355 Pa. 415 ; Elkins Park Improvement Association Zoning Case, 361 Pa. 322, 325 ; Overbrook Farms Club v. Philadelphia Zon

11950–1950
Berman Et Ux. v. Exley neutral
pa · 1946
1 sentence

1950We have no power to overrule the board of adjustment in the exercise of this discretionary power, unless its decision is arbitrary, capricious, and unreasonable, or clearly in violation of positive law: Floersheim Appeal, 348 Pa. 98 ; or, as it is sometimes stated, unless there is a “manifest and flagrant abuse of discretion”: Jennings’ Appeal, 330 Pa. 154, 157 ; Liggett’s Petition, 291 Pa. 109, 117 ; Reininger Zoning Case, 362 Pa. 116, 117 ; Berman et al. v. Exley et al., 355 Pa. 415 ; Elkins Park Improvement Association Zoning Case, 361 Pa. 322, 325 ; Overbrook Farms Club v. Philadelphia Zon

11950–1950
Jennings' Appeal green
pa · 1938
1 sentence

1950We have no power to overrule the board of adjustment in the exercise of this discretionary power, unless its decision is arbitrary, capricious, and unreasonable, or clearly in violation of positive law: Floersheim Appeal, 348 Pa. 98 ; or, as it is sometimes stated, unless there is a “manifest and flagrant abuse of discretion”: Jennings’ Appeal, 330 Pa. 154, 157 ; Liggett’s Petition, 291 Pa. 109, 117 ; Reininger Zoning Case, 362 Pa. 116, 117 ; Berman et al. v. Exley et al., 355 Pa. 415 ; Elkins Park Improvement Association Zoning Case, 361 Pa. 322, 325 ; Overbrook Farms Club v. Philadelphia Zon

11950–1950
Elkins Park Improvement Ass'n Zoning Case green
pa · 1949
1 sentence

1950We have no power to overrule the board of adjustment in the exercise of this discretionary power, unless its decision is arbitrary, capricious, and unreasonable, or clearly in violation of positive law: Floersheim Appeal, 348 Pa. 98 ; or, as it is sometimes stated, unless there is a “manifest and flagrant abuse of discretion”: Jennings’ Appeal, 330 Pa. 154, 157 ; Liggett’s Petition, 291 Pa. 109, 117 ; Reininger Zoning Case, 362 Pa. 116, 117 ; Berman et al. v. Exley et al., 355 Pa. 415 ; Elkins Park Improvement Association Zoning Case, 361 Pa. 322, 325 ; Overbrook Farms Club v. Philadelphia Zon

11950–1950
Liggett's Petition green
pa · 1927
1 sentence

1950We have no power to overrule the board of adjustment in the exercise of this discretionary power, unless its decision is arbitrary, capricious, and unreasonable, or clearly in violation of positive law: Floersheim Appeal, 348 Pa. 98 ; or, as it is sometimes stated, unless there is a “manifest and flagrant abuse of discretion”: Jennings’ Appeal, 330 Pa. 154, 157 ; Liggett’s Petition, 291 Pa. 109, 117 ; Reininger Zoning Case, 362 Pa. 116, 117 ; Berman et al. v. Exley et al., 355 Pa. 415 ; Elkins Park Improvement Association Zoning Case, 361 Pa. 322, 325 ; Overbrook Farms Club v. Philadelphia Zon

11950–1950
Reininger Zoning Case green
pa · 1949
1 sentence

1950We have no power to overrule the board of adjustment in the exercise of this discretionary power, unless its decision is arbitrary, capricious, and unreasonable, or clearly in violation of positive law: Floersheim Appeal, 348 Pa. 98 ; or, as it is sometimes stated, unless there is a “manifest and flagrant abuse of discretion”: Jennings’ Appeal, 330 Pa. 154, 157 ; Liggett’s Petition, 291 Pa. 109, 117 ; Reininger Zoning Case, 362 Pa. 116, 117 ; Berman et al. v. Exley et al., 355 Pa. 415 ; Elkins Park Improvement Association Zoning Case, 361 Pa. 322, 325 ; Overbrook Farms Club v. Philadelphia Zon

11950–1950
Lamberton National Bank v. Kineston green
pasuperct · 1934
1 sentence

1941Notice to the sheriff seems to be sufficient and that was given in this case: Lamberton National Bank v. Kineston, 114 Pa. Superior Ct. 365 .

11941–1941
Eberly v. Springfield Fire & Marine Insurance neutral
pasuperct · 1912
1 sentence

1933Co., 51 Pa. Superior Ct. 474, 479 , we said: “Ordinarily the wishes of the local agent in such matters ought not to affect the actions of the insured because the latter would have no right to assume that a mere local agent had any authority to deal with such matters. ’ ’ The making of such a waiver was not within the apparent scope of the duties of a local agent who was authorized to issue and countersign policies of insurance, and there was not a scintilla of evidence as to any course of conduct by the local agents, Lawrence & Sterling, from which such authority could be inferred.

11933–1933
O'Neil v. Am. Fire Ins. green
pa · 1895
1 sentence

1927It grounded its opinion on the case of O’Neil v. Insurance Co., 166 Pa. 72 , in which it is held that the legislature cannot delegate its power and that it alone must exercise legislative power; that the “law must be complete in all its terms and provisions when it leaves the legislative branch of the government, and that nothing must be submitted to the judgment of the electors, or other appointees, except an option to become or not to become subject to its requirements and penalties.” The O’Neil case concerns the making of a standard fire insurance policy by the Insurance Commissioner of the

11927–1927
Kennedy's Petition neutral
pasuperct · 1902
1 sentence

1912In Kennedy’s Petition, 19 Pa. Superior Ct. 482 , we held, reversing the court below, that the rule should have been made absolute, and remitted the record with direction to enter siich order and to give judgment against the respondent unless, within thirty days from the making of the rule absolute, she should have brought her action.

11912–1912

Where else courts name it

CA 41 (1920–2026) IL 33 (1899–2024) TX 18 (1888–2019) MA 17 (1921–2025) LA 16 (1907–2022) NY 15 (1918–2026) PA 14 (1912–2012) WI 13 (1921–2024) NJ 11 (1969–2016) NE 10 (1908–2022) KY 9 (1928–2025) MI 9 (1922–1992) MO 8 (1934–2024) GA 8 (1895–2010) AL 7 (1875–1997) AZ 7 (1910–2015) OR 7 (1972–2026) MD 6 (1913–1997) IN 6 (1948–1977) MS 5 (1940–1994) ID 5 (1938–2011) KS 5 (1920–2001) OK 5 (1925–1952) CO 5 (1910–2001) DC 5 (1972–1995) WA 4 (1909–1932) AR 4 (1929–2013) NC 4 (1881–2003) OH 4 (1991–2026) VA 4 (1897–1975) NH 3 (1914–1980) IA 3 (1975–2022) MT 3 (1921–1997) VT 3 (1911–1954) AK 2 (1977–1984) SD 2 (1958–1978) WY 2 (1928–1954) FL 2 (1987–2026) HI 2 (1912–1982)

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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