comparable rule (Pennsylvania) · Go Syfert
← Pennsylvania issues

comparable rule in Pennsylvania

10 Pennsylvania opinions name it 5 courts 1939–2017 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 (5)

CaseFollowedCited
Commonwealth v. Flowersgreen
pasuperct · 2008 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
1 sentence

2017See Appellant’s Brief at 7 (citing Commonwealth v. Flowers, 950 A.2d 330 (Pa. Super. 2008)).

11
Commonwealth v. Musigreen
pa · 1979 · cited in 1 Pennsylvania opinions naming this issue, 2004–2004
1 sentence

2004We accept the wisdom of this approach and hold that where, as here, appellant has failed to demonstrate that she was prejudiced from the violation of this rule a request to suppress the fruits of the search is not justified.” Id. at 403-404, 490 A.2d at 424-25 . (internal citations and emphasis omitted) See also, Commonwealth v. DeGeorge, 319 Pa. Super. 244 , 466 A.2d 140 (1983), rev ’d on other grounds, 506 Pa. 445 , 485 A.2d 1089 (1984) (violation of former Rule 2009(a), now Rule 209(a), requiring return of an inventory of the items seized, does not require exclusion of evidence).

11
United States v. Harold S. Hallgreen
ca3 · 1974 · cited in 1 Pennsylvania opinions naming this issue, 1988–1988
2 sentences

1988See e.g., U.S. v. Hall, 505 F.2d 961 (3d Cir.1974); In Re Ellsberg, 446 F.2d 954 (1st Cir.1971); U.S. v. Klapholz, 230 F.2d 494 (2d Cir.1956) cert. denied, 351 U.S. 924 , 76 S.Ct. 781 , 100 L.Ed. 1454 .

1988See e.g., U.S. v. Hall, 505 F.2d 961 (3d Cir. 1974); In Re Ellsberg, 446 F.2d 954 (1st Cir. 1971); U.S. v. Klapholz, 230 F.2d 494 (2d Cir. 1956) cert. denied, 351 U.S. 924 , 76 S.Ct. 781 , 100 L.Ed. 1454 .

11
Stryjewski v. Panfilgreen
pa · 1921 · cited in 1 Pennsylvania opinions naming this issue, 1977–1977
2 sentences

1977See Stryjewski v. Panfil, 269 Pa. 568 , 112 A. 764 (1921); Schlicter v. Keiter, 156 Pa. 119 , 27 A. 45 (1893); Craig v. First Presbyterian Church, 88 Pa. 42 (1879). [3] There can be no question, *165 however, that the legislature in enacting MTAA had the power to abrogate the common-law rule with regard to it; appellants, rather, argue that the legislature failed to do so, and that a majority of all the members thus means a majority of all members of a quorum present and voting.

1977See Stryjewski v. Panfil, 269 Pa. 568 , 112 A. 764 (1921); Schlicter v. Keiter, 156 Pa. 119 , 27 A. 45 (1893); Craig v. First Presbyterian Church, 88 Pa. 42 (1879). [3] There can be no question, *165 however, that the legislature in enacting MTAA had the power to abrogate the common-law rule with regard to it; appellants, rather, argue that the legislature failed to do so, and that a majority of all the members thus means a majority of all members of a quorum present and voting.

11
Stetson's Estategreen
pa · 1931 · cited in 1 Pennsylvania opinions naming this issue, 1939–1939
1 sentence

1939See also Stetson’s Est., 305 Pa. 62, 71 ; Daub’s Est., 313 Pa. 35, 42 ; Elkins’s Est., 325 Pa. 373, 376 ; Neafie’s Est., 325 Pa. 561, 564 ; Knox's Est.

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
CONSUMERS ED. & PRO. ASS'N v. Nolan green
pa · 1977
2 sentences

1996In Consumers Association v. Nolan, 470 Pa. 372 , 382, 368 A.2d 675 , 680-81 (1977), we addressed the speech and debate clause of the Pennsylvania Constitution and noted that it is essentially identical to a comparable clause in the United States Constitution, the scope of which has been interpreted in federal cases: [T]he Supreme Court of the United States recently held that the federal Speech and Debate Clause must be interpreted broadly in order to protect legislators from judicial interference with their legitimate legislative activities, and that even where the activity questioned is not l

1996In Consumers Association v. Nolan, 470 Pa. 372 , 382, 368 A.2d 675 , 680-81 (1977), we addressed the speech and debate clause of the Pennsylvania Constitution and noted that it is essentially identical to a comparable clause in the United States Constitution, the scope of which has been interpreted in federal cases: [T]he Supreme Court of the United States recently held that the federal Speech and Debate Clause must be interpreted broadly in order to protect legislators from judicial interference with their legitimate legislative activities, and that even where the activity questioned is not l

21996–1996
Commonwealth v. Devers green
pa · 1988
1 sentence

2016This Court will not disturb the sentencing court’s discretion where the sentencing court has been informed by a pre- sentence report and has demonstrated “any degree of awareness of the sentencing considerations.” Devers, 546 A.2d at 18 . -9- J-S90021-16 & J-S90022-16 In his brief in No. 3297 EDA 2015, Appellant claims that the sentencing court abused its discretion by failing to order a pre-sentence investigation or conduct a comparable inquiry, as required by Pa.R.Crim.P. 702.

12016–2016
Commonwealth v. De George neutral
pa · 1984
2 sentences

2004We accept the wisdom of this approach and hold that where, as here, appellant has failed to demonstrate that she was prejudiced from the violation of this rule a request to suppress the fruits of the search is not justified.” Id. at 403-404, 490 A.2d at 424-25 . (internal citations and emphasis omitted) See also, Commonwealth v. DeGeorge, 319 Pa. Super. 244 , 466 A.2d 140 (1983), rev ’d on other grounds, 506 Pa. 445 , 485 A.2d 1089 (1984) (violation of former Rule 2009(a), now Rule 209(a), requiring return of an inventory of the items seized, does not require exclusion of evidence).

2004We accept the wisdom of this approach and hold that where, as here, appellant has failed to demonstrate that she was prejudiced from the violation of this rule a request to suppress the fruits of the search is not justified.” Id. at 403-404, 490 A.2d at 424-25 . (internal citations and emphasis omitted) See also, Commonwealth v. DeGeorge, 319 Pa. Super. 244 , 466 A.2d 140 (1983), rev ’d on other grounds, 506 Pa. 445 , 485 A.2d 1089 (1984) (violation of former Rule 2009(a), now Rule 209(a), requiring return of an inventory of the items seized, does not require exclusion of evidence).

12004–2004
Commonwealth v. Mason green
pa · 1985
1 sentence

2004We accept the wisdom of this approach and hold that where, as here, appellant has failed to demonstrate that she was prejudiced from the violation of this rule a request to suppress the fruits of the search is not justified.” Id. at 403-404, 490 A.2d at 424-25 . (internal citations and emphasis omitted) See also, Commonwealth v. DeGeorge, 319 Pa. Super. 244 , 466 A.2d 140 (1983), rev ’d on other grounds, 506 Pa. 445 , 485 A.2d 1089 (1984) (violation of former Rule 2009(a), now Rule 209(a), requiring return of an inventory of the items seized, does not require exclusion of evidence).

12004–2004
Commonwealth v. DeGeorge green
pa · 1984
2 sentences

2004We accept the wisdom of this approach and hold that where, as here, appellant has failed to demonstrate that she was prejudiced from the violation of this rule a request to suppress the fruits of the search is not justified.” Id. at 403-404, 490 A.2d at 424-25 . (internal citations and emphasis omitted) See also, Commonwealth v. DeGeorge, 319 Pa. Super. 244 , 466 A.2d 140 (1983), rev ’d on other grounds, 506 Pa. 445 , 485 A.2d 1089 (1984) (violation of former Rule 2009(a), now Rule 209(a), requiring return of an inventory of the items seized, does not require exclusion of evidence).

2004We accept the wisdom of this approach and hold that where, as here, appellant has failed to demonstrate that she was prejudiced from the violation of this rule a request to suppress the fruits of the search is not justified.” Id. at 403-404, 490 A.2d at 424-25 . (internal citations and emphasis omitted) See also, Commonwealth v. DeGeorge, 319 Pa. Super. 244 , 466 A.2d 140 (1983), rev ’d on other grounds, 506 Pa. 445 , 485 A.2d 1089 (1984) (violation of former Rule 2009(a), now Rule 209(a), requiring return of an inventory of the items seized, does not require exclusion of evidence).

12004–2004
MacElree v. Chester County green
pacommwct · 1995
1 sentence

1997There is a comparable exception to the three-factor method for calculating CNIT in Section 401(3)2.(b) which similarly permits trucking, airline, and railroad companies to apportion their CNIT using one fraction that represents the ratio of revenue miles in Pennsylvania to the total revenue miles of the company, except when both people and property are transported. 4 Revenue miles are the “average receipts derived from the transportation of persons or property one mile.” Id.

11997–1997
United States of America, Appellee-Appellant v. David Klapholz and Paula Klapholz, Defendants-Appellants-Appellees green
ca2 · 1956
2 sentences

1988See e.g., U.S. v. Hall, 505 F.2d 961 (3d Cir.1974); In Re Ellsberg, 446 F.2d 954 (1st Cir.1971); U.S. v. Klapholz, 230 F.2d 494 (2d Cir.1956) cert. denied, 351 U.S. 924 , 76 S.Ct. 781 , 100 L.Ed. 1454 .

1988See e.g., U.S. v. Hall, 505 F.2d 961 (3d Cir. 1974); In Re Ellsberg, 446 F.2d 954 (1st Cir. 1971); U.S. v. Klapholz, 230 F.2d 494 (2d Cir. 1956) cert. denied, 351 U.S. 924 , 76 S.Ct. 781 , 100 L.Ed. 1454 .

11988–1988
In Re Daniel Ellsberg green
ca1 · 1971
2 sentences

1988See e.g., U.S. v. Hall, 505 F.2d 961 (3d Cir.1974); In Re Ellsberg, 446 F.2d 954 (1st Cir.1971); U.S. v. Klapholz, 230 F.2d 494 (2d Cir.1956) cert. denied, 351 U.S. 924 , 76 S.Ct. 781 , 100 L.Ed. 1454 .

1988See e.g., U.S. v. Hall, 505 F.2d 961 (3d Cir. 1974); In Re Ellsberg, 446 F.2d 954 (1st Cir. 1971); U.S. v. Klapholz, 230 F.2d 494 (2d Cir. 1956) cert. denied, 351 U.S. 924 , 76 S.Ct. 781 , 100 L.Ed. 1454 .

11988–1988
Wayne Hugh Easley Trust v. Commissioner green
scotus · 1956
2 sentences

1988See e.g., U.S. v. Hall, 505 F.2d 961 (3d Cir.1974); In Re Ellsberg, 446 F.2d 954 (1st Cir.1971); U.S. v. Klapholz, 230 F.2d 494 (2d Cir.1956) cert. denied, 351 U.S. 924 , 76 S.Ct. 781 , 100 L.Ed. 1454 .

1988See e.g., U.S. v. Hall, 505 F.2d 961 (3d Cir. 1974); In Re Ellsberg, 446 F.2d 954 (1st Cir. 1971); U.S. v. Klapholz, 230 F.2d 494 (2d Cir. 1956) cert. denied, 351 U.S. 924 , 76 S.Ct. 781 , 100 L.Ed. 1454 .

11988–1988
Liakas v. Nebraska green
scotus · 1956
2 sentences

1988See e.g., U.S. v. Hall, 505 F.2d 961 (3d Cir.1974); In Re Ellsberg, 446 F.2d 954 (1st Cir.1971); U.S. v. Klapholz, 230 F.2d 494 (2d Cir.1956) cert. denied, 351 U.S. 924 , 76 S.Ct. 781 , 100 L.Ed. 1454 .

1988See e.g., U.S. v. Hall, 505 F.2d 961 (3d Cir. 1974); In Re Ellsberg, 446 F.2d 954 (1st Cir. 1971); U.S. v. Klapholz, 230 F.2d 494 (2d Cir. 1956) cert. denied, 351 U.S. 924 , 76 S.Ct. 781 , 100 L.Ed. 1454 .

11988–1988
Royalty v. Chucales green
scotus · 1956
2 sentences

1988See e.g., U.S. v. Hall, 505 F.2d 961 (3d Cir.1974); In Re Ellsberg, 446 F.2d 954 (1st Cir.1971); U.S. v. Klapholz, 230 F.2d 494 (2d Cir.1956) cert. denied, 351 U.S. 924 , 76 S.Ct. 781 , 100 L.Ed. 1454 .

1988See e.g., U.S. v. Hall, 505 F.2d 961 (3d Cir. 1974); In Re Ellsberg, 446 F.2d 954 (1st Cir. 1971); U.S. v. Klapholz, 230 F.2d 494 (2d Cir. 1956) cert. denied, 351 U.S. 924 , 76 S.Ct. 781 , 100 L.Ed. 1454 .

11988–1988
Craig v. First Presbyterian Church green
pa · 1879
2 sentences

1977See Stryjewski v. Panfil, 269 Pa. 568 , 112 A. 764 (1921); Schlicter v. Keiter, 156 Pa. 119 , 27 A. 45 (1893); Craig v. First Presbyterian Church, 88 Pa. 42 (1879). [3] There can be no question, *165 however, that the legislature in enacting MTAA had the power to abrogate the common-law rule with regard to it; appellants, rather, argue that the legislature failed to do so, and that a majority of all the members thus means a majority of all members of a quorum present and voting.

1977See Stryjewski v. Panfil, 269 Pa. 568 , 112 A. 764 (1921); Schlicter v. Keiter, 156 Pa. 119 , 27 A. 45 (1893); Craig v. First Presbyterian Church, 88 Pa. 42 (1879). 3 There can be no ques tion, however, that the legislature in enacting MTAA had the power to abrogate the common-law rule with regard to it; appellants, rather, argue that the legislature failed to do so, and that a majority of all the members thus means a majority of all members of a quorum present and voting.

11977–1977
Schlichter v. Keiter green
pa · 1893
2 sentences

1977See Stryjewski v. Panfil, 269 Pa. 568 , 112 A. 764 (1921); Schlicter v. Keiter, 156 Pa. 119 , 27 A. 45 (1893); Craig v. First Presbyterian Church, 88 Pa. 42 (1879). [3] There can be no question, *165 however, that the legislature in enacting MTAA had the power to abrogate the common-law rule with regard to it; appellants, rather, argue that the legislature failed to do so, and that a majority of all the members thus means a majority of all members of a quorum present and voting.

1977See Stryjewski v. Panfil, 269 Pa. 568 , 112 A. 764 (1921); Schlicter v. Keiter, 156 Pa. 119 , 27 A. 45 (1893); Craig v. First Presbyterian Church, 88 Pa. 42 (1879). [3] There can be no question, *165 however, that the legislature in enacting MTAA had the power to abrogate the common-law rule with regard to it; appellants, rather, argue that the legislature failed to do so, and that a majority of all the members thus means a majority of all members of a quorum present and voting.

11977–1977
Lewis v. Bradley green
wis · 1959
2 sentences

1963In the case of Mid-Continent Casualty Company v. West (Okla. 1959), 351 P 2d 398 , the court went so far as to hold that a substitute car was covered by insurance under a comparable clause providing for temporary substitution when it would be imprudent to use the insured car because of its condition (holes in tires) In Lewis v. Bradley, 7 Wis. 2d 586 , 97 N. W. 2d 408 (1959) the court, construing a temporary substitute clause comparable to the one in the present case, held that a farm truck was a substitute automobile for a pleasure trip when the insured’s automobile would not start.

1963In the case of Mid-Continent Casualty Company v. West (Okla. 1959), 351 P 2d 398 , the court went so far as to hold that a substitute car was covered by insurance under a comparable clause providing for temporary substitution when it would be imprudent to use the insured car because of its condition (holes in tires) In Lewis v. Bradley, 7 Wis. 2d 586 , 97 N. W. 2d 408 (1959) the court, construing a temporary substitute clause comparable to the one in the present case, held that a farm truck was a substitute automobile for a pleasure trip when the insured’s automobile would not start.

11963–1963
Mid-Continent Casualty Company v. West green
okla · 1959
1 sentence

1963In the case of Mid-Continent Casualty Company v. West (Okla. 1959), 351 P 2d 398 , the court went so far as to hold that a substitute car was covered by insurance under a comparable clause providing for temporary substitution when it would be imprudent to use the insured car because of its condition (holes in tires) In Lewis v. Bradley, 7 Wis. 2d 586 , 97 N. W. 2d 408 (1959) the court, construing a temporary substitute clause comparable to the one in the present case, held that a farm truck was a substitute automobile for a pleasure trip when the insured’s automobile would not start.

11963–1963
Sallada v. Mock green
pa · 1923
1 sentence

1939The comparable rule as to the opening of judgments at law is discussed in Sallada et al. v. Mock et al., 277 Pa. 285 . 2 Cope’s Est., 328 Pa. 296 .

11939–1939
Cope's Estate neutral
pa · 1937
1 sentence

1939The comparable rule as to the opening of judgments at law is discussed in Sallada et al. v. Mock et al., 277 Pa. 285 . 2 Cope’s Est., 328 Pa. 296 .

11939–1939
Daub's Estate green
pa · 1933
1 sentence

1939See also Stetson’s Est., 305 Pa. 62, 71 ; Daub’s Est., 313 Pa. 35, 42 ; Elkins’s Est., 325 Pa. 373, 376 ; Neafie’s Est., 325 Pa. 561, 564 ; Knox's Est.

11939–1939
Elkins's Estate green
pa · 1936
1 sentence

1939See also Stetson’s Est., 305 Pa. 62, 71 ; Daub’s Est., 313 Pa. 35, 42 ; Elkins’s Est., 325 Pa. 373, 376 ; Neafie’s Est., 325 Pa. 561, 564 ; Knox's Est.

11939–1939
Neafie's Estate green
pa · 1937
1 sentence

1939See also Stetson’s Est., 305 Pa. 62, 71 ; Daub’s Est., 313 Pa. 35, 42 ; Elkins’s Est., 325 Pa. 373, 376 ; Neafie’s Est., 325 Pa. 561, 564 ; Knox's Est.

11939–1939

Where else courts name it

CA 35 (1947–2026) IA 24 (1969–2024) MD 12 (1963–2023) IL 12 (1965–2023) OH 12 (1980–2018) PA 10 (1939–2017) TX 8 (1992–2021) NJ 7 (1954–2024) CO 7 (1981–2015) FL 7 (1964–2013) OR 5 (1977–2022) MO 5 (1963–2005) AL 5 (1994–2010) NY 5 (1976–2013) MS 5 (1982–2018) IN 4 (1979–2006) CT 4 (1999–2024) NE 4 (1986–2018) OK 4 (1956–2014) DC 4 (1968–2010) WA 4 (2008–2018) MA 4 (1958–2016) WI 4 (1958–2019) UT 3 (1986–2025) NM 3 (1997–2008) NH 3 (1996–2012) KS 3 (2012–2022) LA 3 (1966–2019) ND 3 (1989–1993) ME 2 (1983–1995) AK 2 (1987–2023) NV 2 (1998–2022) AR 2 (1983–1997) GA 2 (1995–1997) WY 2 (1977–1992) AZ 2 (1968–1968) NC 2 (1979–2023) DE 2 (2022–2022) TN 2 (2001–2008)

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.

← Caselaw search · G Cite Topics · Brief Check