class presumption (Pennsylvania) · Go Syfert
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class presumption in Pennsylvania

13 Pennsylvania opinions name it 7 courts 1924–2018 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 (2)

CaseFollowedCited
Basile v. H & R BLOCK, INC.green
pa · 2000 · cited in 1 Pennsylvania opinions naming this issue, 2004–2004
2 sentences

2004Basile v. H & R Block Inc., 563 Pa. 359, 362 , 761 A.2d 1115, 1117 (2000).

2004Basile v. H & R Block Inc., 563 Pa. 359, 362 , 761 A.2d 1115, 1117 (2000).

11
Commonwealth v. Niemeyer Oldsmobile, Inc.green
pacommwct · 1974 · cited in 1 Pennsylvania opinions naming this issue, 1974–1974
2 sentences

1974See Commonwealth of Pennsylvania, Department of Revenue v. Niemeyer Oldsmobile, Inc., 12 Pa. Commonwealth Ct. 388, 394 , 316 A. 2d 152, 155 (1974).

1974See Commonwealth of Pennsylvania, Department of Revenue v. Niemeyer Oldsmobile, Inc., 12 Pa. Commonwealth Ct. 388, 394 , 316 A. 2d 152, 155 (1974).

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 (11)

CaseCitedYears
Mosby v. Armstrong green
· 1927
2 sentences

2018Thus it was stated in Mosby v. Armstrong , ... 290 Pa. 517 , 139 A. 151 [ (Pa. 1927) ], at page 153 : "where 'the law merely forbids' one 'to hold or enjoy' an office ..., it is sufficient if the candidate becomes qualified before the time arrives for him to assume the post in question." In 88 A.L.R. 812 , it is noted that great conflict of opinion exists on this problem, but that, even where eligibility is not determined as of the date of election, courts "are inclined to hold that removal of disqualifications before the time fixed for commencement of the term of office qualifies the incumben

2018Thus it was stated in Mosby v. Armstrong , ... 290 Pa. 517 , 139 A. 151 [ (Pa. 1927) ], at page 153 : "where 'the law merely forbids' one 'to hold or enjoy' an office ..., it is sufficient if the candidate becomes qualified before the time arrives for him to assume the post in question." In 88 A.L.R. 812 , it is noted that great conflict of opinion exists on this problem, but that, even where eligibility is not determined as of the date of election, courts "are inclined to hold that removal of disqualifications before the time fixed for commencement of the term of office qualifies the incumben

21960–2018
Rosengarten Estate green
pa · 1944
2 sentences

1964“In Rosengarten Estate, 349 Pa. 32 (1944), the Court said at p. 37: ‘. . .

1963In Rosengarten Estate, 349 Pa. 32 (1944), the court said at page 37: “. . .

21963–1964
Gibb's Estate green
pa · 1920
2 sentences

1961Mack’s Estate, supra; Gibbs’ Estate, 266 Pa. 485 , 110 A. 236 .” In Lach v. Fleth, 361 Pa. 340 , this Court stated that in claims of this character, the claimant has the burden of proving: “(1) the performance of the services, (2) the decedent’s acceptance of them, and (3) their value.” We are satisfied that the record shows that the claimant met these three requirements, and the order of the Court below is affirmed.

1961Mack’s Estate, supra; Gibbs’ Estate, 266 Pa. 485 , 110 A. 236 .” In Lach v. Fleth, 361 Pa. 340 , this Court stated that in claims of this character, the claimant has the burden of proving: “(1) the performance of the services, (2) the decedent’s acceptance of them, and (3) their value.” We are satisfied that the record shows that the claimant met these three requirements, and the order of the Court below is affirmed.

21936–1961
Merion Cricket Club v. United States green
scotus · 1942
1 sentence

1972Such dues, fees or assessments are made generally once a year in an amount applicable at the same rate to all members of the same class for the privilege of continuing membership: Merion Cricket Club v. U. S., 315 U. S. 42 (1941); and York Township v. Red Lion Country Club, 35 D. & C. 2d 517 (1965).

11972–1972
Lach v. Fleth, Admr. green
pa · 1949
2 sentences

1961Mack's Estate, supra; Gibbs' Estate, 266 Pa. 485 , 110 A. 236 ." In Lach v. Fleth, 361 Pa. 340 , this Court stated that in claims of this character, the claimant has the burden of proving: "(1) the performance of the services, (2) the decedent's acceptance of them, and (3) their value." We are satisfied that the record shows that the claimant met these three requirements, and the order of the Court below is affirmed.

1961Mack’s Estate, supra; Gibbs’ Estate, 266 Pa. 485 , 110 A. 236 .” In Lach v. Fleth, 361 Pa. 340 , this Court stated that in claims of this character, the claimant has the burden of proving: “(1) the performance of the services, (2) the decedent’s acceptance of them, and (3) their value.” We are satisfied that the record shows that the claimant met these three requirements, and the order of the Court below is affirmed.

11961–1961
Istocin's Estate green
pasuperct · 1936
2 sentences

1961Mack's Estate, supra; Gibbs' Estate, 266 Pa. 485 , 110 A. 236 ." In Lach v. Fleth, 361 Pa. 340 , this Court stated that in claims of this character, the claimant has the burden of proving: "(1) the performance of the services, (2) the decedent's acceptance of them, and (3) their value." We are satisfied that the record shows that the claimant met these three requirements, and the order of the Court below is affirmed.

1961Mack’s Estate, supra; Gibbs’ Estate, 266 Pa. 485 , 110 A. 236 .” In Lach v. Fleth, 361 Pa. 340 , this Court stated that in claims of this character, the claimant has the burden of proving: “(1) the performance of the services, (2) the decedent’s acceptance of them, and (3) their value.” We are satisfied that the record shows that the claimant met these three requirements, and the order of the Court below is affirmed.

11961–1961
Blake v. McClung green
scotus · 1898
1 sentence

1949(Blake v. McClung, 172 U.S. 239 ; Central, etc., Co. v. Farmers, etc., Co., 113 Fed.

11949–1949
White v. United Mills, Inc. neutral
moctapp · 1948
1 sentence

1949This class of privilege matter is founded absolutely on public policy, and the question of malice cuts no figure in connection with it.’ ” In White v. United Mills Co., Inc., 208 S. W. (2d) 803 , the Kansas City Court of Appeals likewise decided that statements of the type referred to in the case at bar are communications which are absolutely privileged because they are made to a State agency acting in a quasi-judicial capacity on unemployment compensation claims.

11949–1949
Sproat v. Travelers Insurance Co. green
pa · 1927
2 sentences

1939Co., 289 Pa. 351 , 137 A. 621 ; Shoemaker v. Sun Life Ins.

1939Co., 289 Pa. 351 , 137 A. 621 ; Shoemaker v. Sun Life Ins.

11939–1939
Herrod v. Kimbrough green
pasuperct · 1924
1 sentence

1939The facts bring the case within the class governed by the rule requiring one claiming on a defectively or imperfectly executed appointment to show that the insured, in exercising the reserved power to make the change, had done everything in the circumstances reasonably possible to comply with the provision: Herrod v. Kimbrough, 83 Pa. Superior Ct. 238 ; Sproat v. Travelers Ins.

11939–1939
Richards v. Walp green
pa · 1908
1 sentence

1924It was for the court to say, under the circumstances, whether this had been done: Richards v. Walp, 221 Pa. 412 .

11924–1924

Where else courts name it

CA 104 (1909–2026) TX 54 (1934–2025) NY 23 (1898–2025) TN 16 (1898–2002) IL 15 (1910–2025) PA 13 (1924–2018) OR 13 (1901–2025) MA 13 (1961–2025) AZ 12 (1946–2012) IN 11 (1880–2020) FL 10 (1965–2016) AL 9 (1908–2008) MO 9 (1921–2014) NJ 9 (1940–2024) OH 7 (1992–2020) MT 6 (1992–2025) CT 6 (1996–2006) NV 6 (1922–2015) DE 6 (1947–2017) GA 5 (1906–2018) WI 4 (1890–2021) LA 4 (2007–2013) WV 4 (1982–2013) MD 4 (1947–2014) WA 3 (1980–2022) MN 3 (1892–2006) OK 2 (2009–2024) ND 2 (1936–1938) CO 2 (1997–2006) MI 2 (1958–1958) AK 2 (1987–2010) SC 2 (1937–2018) UT 2 (2004–2015)

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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