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11 Pennsylvania opinions name it 5 courts 1890–2021 1 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 |
|---|---|---|
Young Men's Christian Ass'n v. Readinggreen2 sentences2001Co. v. Commonwealth, 410 Pa. 571, 580, 581 , 190 A.2d 111, 116 (1963) (“the remedy must be adequate and complete; it is not adequate Where a challenge is made not to the mechanics of tax calculations but to the power of the legislature to levy any tax ...”); Y.M.C.A. v. Reading, 402 Pa. 592, 595 , 167 A.2d 469, 471 (1961) (“The efficacy of the rule that a statutory remedy must be pursued, if one exists, is hardly questionable”). 2001Co. v. Commonwealth, 410 Pa. 571, 580, 581 , 190 A.2d 111, 116 (1963) (“the remedy must be adequate and complete; it is not adequate Where a challenge is made not to the mechanics of tax calculations but to the power of the legislature to levy any tax ...”); Y.M.C.A. v. Reading, 402 Pa. 592, 595 , 167 A.2d 469, 471 (1961) (“The efficacy of the rule that a statutory remedy must be pursued, if one exists, is hardly questionable”). | 2 | 3 |
Philadelphia Life Insurance v. Commonwealthgreen2 sentences2001Co. v. Commonwealth, 410 Pa. 571, 580, 581 , 190 A.2d 111, 116 (1963) (“the remedy must be adequate and complete; it is not adequate Where a challenge is made not to the mechanics of tax calculations but to the power of the legislature to levy any tax ...”); Y.M.C.A. v. Reading, 402 Pa. 592, 595 , 167 A.2d 469, 471 (1961) (“The efficacy of the rule that a statutory remedy must be pursued, if one exists, is hardly questionable”). 2001Co. v. Commonwealth, 410 Pa. 571, 580, 581 , 190 A.2d 111, 116 (1963) (“the remedy must be adequate and complete; it is not adequate Where a challenge is made not to the mechanics of tax calculations but to the power of the legislature to levy any tax ...”); Y.M.C.A. v. Reading, 402 Pa. 592, 595 , 167 A.2d 469, 471 (1961) (“The efficacy of the rule that a statutory remedy must be pursued, if one exists, is hardly questionable”). | 2 | 2 |
Pittsburgh Union Stock Yards Co. v. Pittsburgh Joint Stock Co.green2 sentences1987In Pittsburgh Union Stock Yards Co. v. Pittsburgh Joint Stock Co., 309 Pa. 314, 319 , 163 A. 668, 669 (1932), the Supreme Court also quoted with approval from 20 C.J. 14 as follows: “A remedy based on the theory of the affirmance of a contract or other transaction is inconsistent with a remedy arising out of the same facts and based on the theory of its disaffirmance or rescission, so that an election of either is an abandonment of the other.” The Superior Court has also acknowledged the efficacy of this rule. 1987In Pittsburgh Union Stock Yards Co. v. Pittsburgh Joint Stock Co., 309 Pa. 314, 319 , 163 A. 668, 669 (1932), the Supreme Court also quoted with approval from 20 C.J. 14 as follows: “A remedy based on the theory of the affirmance of a contract or other transaction is inconsistent with a remedy arising out of the same facts and based on the theory of its disaffirmance or rescission, so that an election of either is an abandonment of the other.” The Superior Court has also acknowledged the efficacy of this rule. | 1 | 1 |
Commonwealth v. DiFrancescogreen2 sentences1980See Com. v. Thompson, 27 Somerset 241, 258 (1971), affirmed, per curiam, 221 Pa. Superior Ct. 824 , 292 A. 2d 425 (1972), commented on in Com. v. DiFrancesco, 458 Pa. 188, 193, fn.3 , 329 A. 2d 204 (1974); Com. v. Husick, supra, 64; McCormick, supra, § 345(A). 1980See Com. v. Thompson, 27 Somerset 241, 258 (1971), affirmed, per curiam, 221 Pa. Superior Ct. 824 , 292 A. 2d 425 (1972), commented on in Com. v. DiFrancesco, 458 Pa. 188, 193, fn.3 , 329 A. 2d 204 (1974); Com. v. Husick, supra, 64; McCormick, supra, § 345(A). | 1 | 1 |
Commonwealth v. Thompsongreen2 sentences1980See Com. v. Thompson, 27 Somerset 241, 258 (1971), affirmed, per curiam, 221 Pa. Superior Ct. 824 , 292 A. 2d 425 (1972), commented on in Com. v. DiFrancesco, 458 Pa. 188, 193, fn.3 , 329 A. 2d 204 (1974); Com. v. Husick, supra, 64; McCormick, supra, § 345(A). 1980See Com. v. Thompson, 27 Somerset 241, 258 (1971), affirmed, per curiam, 221 Pa. Superior Ct. 824 , 292 A. 2d 425 (1972), commented on in Com. v. DiFrancesco, 458 Pa. 188, 193, fn.3 , 329 A. 2d 204 (1974); Com. v. Husick, supra, 64; McCormick, supra, § 345(A). | 1 | 1 |
Commonwealth v. Hilliardgreen2 sentences1980See Commonwealth v. Hilliard, 471 Pa. at 336, 370 A.2d at 331 (Eagen, J. (now Chief Justice), dissenting; joined by Jones, C. 1980See Commonwealth v. Hilliard, 471 Pa. at 336, 370 A.2d at 331 (Eagen, J. (now Chief Justice), dissenting; joined by Jones, C. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Patterson v. Illinois
green
1 sentence2021In light of the above, for purposes of the Sixth Amendment, we apply the judgment of the Supreme Court of the United States that, “[s]o long as the accused is made aware of the ‘dangers and disadvantages of self-representation’ during postindictment questioning, by use of the Miranda warnings, his waiver of his Sixth Amendment right to counsel at such questioning is ‘knowing and intelligent.’” Patterson, 487 U.S. at 300 , 108 Nevertheless, it is difficult if not impossible to apprehend Patterson’s approach of generally adjudging the efficacy of a waiver of the right to counsel for Sixth Amendm | 1 | 2021–2021 |
Powell v. First Republic Bank
green
1 sentence2008Since this would undermine the efficacy of the rule, plaintiffs first point is rejected.”)_ Powell, 274 F.Supp.2d at 670 . | 1 | 2008–2008 |
Raw v. Lehnert
green
2 sentences1987In Raw v. Lehnert, 238 Pa.Super. 324 , 357 A.2d 574 (1976), the Court, per Cercone, J., wrote: We recognize that appellants may not maintain at the same time in separate counts of one action, or in two different suits claims for rescission of a contract and restitution on the one hand and for damages for breach of the same contract together with expectation interest, on the other hand. 1987In Raw v. Lehnert, 238 Pa.Super. 324 , 357 A.2d 574 (1976), the Court, per Cercone, J., wrote: We recognize that appellants may not maintain at the same time in separate counts of one action, or in two different suits claims for rescission of a contract and restitution on the one hand and for damages for breach of the same contract together with expectation interest, on the other hand. | 1 | 1987–1987 |
Olmstead v. United States
red
2 sentences1979Justice Holmes and Brandéis have made the most eloquent statements of this purpose in Olmstead v. United States, 277 U.S. 438 , 48 S.Ct. 564 , 72 L.Ed. 944 (1928). 1979Justice Holmes and Brandéis have made the most eloquent statements of this purpose in Olmstead v. United States, 277 U.S. 438 , 48 S.Ct. 564 , 72 L.Ed. 944 (1928). | 1 | 1979–1979 |
Pittsburgh Coal Co. v. Forward Township School District
green
1 sentence1962We conclude, therefore, that, absent a challenge to the constitutionality of a statute or of official action thereunder, equity has no jurisdiction to restrain collection of taxes and that the present complaint should be dismissed.” The Supreme Court in Pittsburgh Coal Company v. Forward Township School District, 366 Pa. 489 , affirmed the sustaining of preliminary objections to an action in assumpsit brought under the Act of May 21, 1943 (supra), to obtain a refund of taxes paid under an invalid resolution of the school board. | 1 | 1962–1962 |
Grogan & Merz v. Adams Express Co.
neutral
1 sentence1890Upon that subject we have so recently expressed ourselves in the case of Grogan v. Express Co., supra, that we think it unnecessary to repeat either the text or substance of the opinion there announced. | 1 | 1890–1890 |
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.