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

10 Pennsylvania opinions name it 5 courts 1933–1997 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. Deppellergreen
pasuperct · 1983 · cited in 1 Pennsylvania opinions naming this issue, 1997–1997
2 sentences

1997See also Commonwealth v. Sanders, 339 Pa.Super. 373, 382-84 , 489 A.2d 207, 212 (1985), Commonwealth v. Deppeller, 314 Pa.Super. 368, 373-74 , 460 A.2d 1184, 1187 (1983)). *185 While this court in Commonwealth v. McDonald, 399 Pa.Super. 250 , 582 A.2d 328 (1990), held that a “reviewing court may presume that the certification judge considered the evidence presented” in reaching his conclusion to certify the juvenile as an adult, and is thus “not required to make a formalized, conventional adjudication of findings of fact,” Id. at 256-58 , 582 A.2d at 331 , the facts in McDonald, supra, clearly

1997See also Commonwealth v. Sanders, 339 Pa.Super. 373, 382-84 , 489 A.2d 207, 212 (1985), Commonwealth v. Deppeller, 314 Pa.Super. 368, 373-74 , 460 A.2d 1184, 1187 (1983)). *185 While this court in Commonwealth v. McDonald, 399 Pa.Super. 250 , 582 A.2d 328 (1990), held that a “reviewing court may presume that the certification judge considered the evidence presented” in reaching his conclusion to certify the juvenile as an adult, and is thus “not required to make a formalized, conventional adjudication of findings of fact,” Id. at 256-58 , 582 A.2d at 331 , the facts in McDonald, supra, clearly

11
Commonwealth v. Sandersgreen
pa · 1985 · cited in 1 Pennsylvania opinions naming this issue, 1997–1997
2 sentences

1997See also Commonwealth v. Sanders, 339 Pa.Super. 373, 382-84 , 489 A.2d 207, 212 (1985), Commonwealth v. Deppeller, 314 Pa.Super. 368, 373-74 , 460 A.2d 1184, 1187 (1983)). *185 While this court in Commonwealth v. McDonald, 399 Pa.Super. 250 , 582 A.2d 328 (1990), held that a “reviewing court may presume that the certification judge considered the evidence presented” in reaching his conclusion to certify the juvenile as an adult, and is thus “not required to make a formalized, conventional adjudication of findings of fact,” Id. at 256-58 , 582 A.2d at 331 , the facts in McDonald, supra, clearly

1997See also Commonwealth v. Sanders, 339 Pa.Super. 373, 382-84 , 489 A.2d 207, 212 (1985), Commonwealth v. Deppeller, 314 Pa.Super. 368, 373-74 , 460 A.2d 1184, 1187 (1983)). *185 While this court in Commonwealth v. McDonald, 399 Pa.Super. 250 , 582 A.2d 328 (1990), held that a “reviewing court may presume that the certification judge considered the evidence presented” in reaching his conclusion to certify the juvenile as an adult, and is thus “not required to make a formalized, conventional adjudication of findings of fact,” Id. at 256-58 , 582 A.2d at 331 , the facts in McDonald, supra, clearly

11
Commonwealth v. McDonaldgreen
pa · 1990 · cited in 1 Pennsylvania opinions naming this issue, 1997–1997
2 sentences

1997See also Commonwealth v. Sanders, 339 Pa.Super. 373, 382-84 , 489 A.2d 207, 212 (1985), Commonwealth v. Deppeller, 314 Pa.Super. 368, 373-74 , 460 A.2d 1184, 1187 (1983)). *185 While this court in Commonwealth v. McDonald, 399 Pa.Super. 250 , 582 A.2d 328 (1990), held that a “reviewing court may presume that the certification judge considered the evidence presented” in reaching his conclusion to certify the juvenile as an adult, and is thus “not required to make a formalized, conventional adjudication of findings of fact,” Id. at 256-58 , 582 A.2d at 331 , the facts in McDonald, supra, clearly

1997See also Commonwealth v. Sanders, 339 Pa.Super. 373, 382-84 , 489 A.2d 207, 212 (1985), Commonwealth v. Deppeller, 314 Pa.Super. 368, 373-74 , 460 A.2d 1184, 1187 (1983)). *185 While this court in Commonwealth v. McDonald, 399 Pa.Super. 250 , 582 A.2d 328 (1990), held that a “reviewing court may presume that the certification judge considered the evidence presented” in reaching his conclusion to certify the juvenile as an adult, and is thus “not required to make a formalized, conventional adjudication of findings of fact,” Id. at 256-58 , 582 A.2d at 331 , the facts in McDonald, supra, clearly

11
Trestrail v. Johnsongreen
pa · 1929 · cited in 1 Pennsylvania opinions naming this issue, 1940–1940
1 sentence

1940What was said in this regard in Trestrail v. Johnson, supra, 395, was not an ill-considered dictum, but was the enunciation of a principle which is firmly embedded in our law.

11
Kramph's Estategreen
pa · 1910 · cited in 1 Pennsylvania opinions naming this issue, 1939–1939
1 sentence

1939Illustrations in our own state are: Avery v. Home for Orphans of Odd Fellows of Pennsylvania, 228 Pa. 58 ; Kramph’s Estate, 228 Pa. 455, 461-463; Mears’s Estate, 299 Pa. 217 ; Curran’s Estate, 310 Pa. 434 , *134 In the present case the Orphans’ Court, after considering the provisions of the will and weighing the oral evidence in regard to the expressed sentiments of testatrix, her church affiliations, her family pride, and her attachment to the old homestead, found as a fact that her paramount purpose was to build and endow a Wilkey Memorial Presbyterian Church.

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 (13)

CaseCitedYears
City of Philadelphia v. Heirs of Girard green
pa · 1863
2 sentences

1974Perhaps the best enunciation of the doctrine is that contained in Restatement, Trusts, section 399: £If property is given in trust to be applied to a particular charitable purpose, and it is or becomes impossible or impracticable or illegal to carry out the particular purpose, and if the settler manifested a more general intention to devote the property to charitable purposes, the trust will not fail but the court will direct the application of the property to some charitable purpose which falls within the general charitable intention of the settler.’ Or, as tersely stated in City of Philadelp

1941Perhaps the best enunciation of the doctrine is that contained in Restatement, Trusts, Section 399: ‘If property is given in trust to be applied to a particular charitable purpose, and it is or becomes impossible or impracticable or illegal to carry out the particular purpose, and if the settlor manifested a more general intention to devote the property to charitable purposes, the trust will not fail but the court will direct the application of the property to some charitable purpose which falls within the general charitable intention of the settlor.’ Or, as tersely stated in City of Philadelp

31939–1974
Commonwealth v. Riggins green
pa · 1977
2 sentences

1981The sentence was imposed on April 21, 1976, prior to the enunciation of that requirement: Com. v. Riggins, 474 Pa. 115 , 377 A. 2d 140 (1977).

1981The sentence was imposed on April 21, 1976, prior to the enunciation of that requirement: Com. v. Riggins, 474 Pa. 115 , 377 A. 2d 140 (1977).

11981–1981
Lyman Estate green
pa · 1950
2 sentences

1967See: Hays Estate, 358 Pa. 38 , 55 A. 2d 763 (1947) and Lyman Estate, 366 Pa. 164 , 76 A. 2d 633 (1950).

1967See: Hays Estate, 358 Pa. 38 , 55 A. 2d 763 (1947) and Lyman Estate, 366 Pa. 164 , 76 A. 2d 633 (1950).

11967–1967
Hays Estate green
pa · 1947
2 sentences

1967See: Hays Estate, 358 Pa. 38 , 55 A. 2d 763 (1947) and Lyman Estate, 366 Pa. 164 , 76 A. 2d 633 (1950).

1967See: Hays Estate, 358 Pa. 38 , 55 A. 2d 763 (1947) and Lyman Estate, 366 Pa. 164 , 76 A. 2d 633 (1950).

11967–1967
Commonwealth v. Comber green
pa · 1953
2 sentences

1966Such verdict was consonant with our law: Commonwealth v. Comber, 374 Pa. 570, 573 , 97 A. 2d 343 .

1966Such verdict was consonant with our law: Commonwealth v. Comber, 374 Pa. 570, 573 , 97 A. 2d 343 .

11966–1966
Western Live Stock v. Bureau of Revenue green
scotus · 1938
1 sentence

1955The question has been raised whether the so-called multiple burden test discussed in Western Live Stock v. Bureau of Revenue, 303 U. S. 250 , has been discarded *546 or modified by decisions of the United States Supreme Court since the original enunciation of that principle.

11955–1955
Potter County v. Page green
pasuperct · 1913
1 sentence

1940To mention but a few illustrations: Despite the existence of the same personal accountability, the interest paid by the bank on a fund thus deposited has been held not to belong to the officer, but to the beneficiary: County of Lackawanna v. Duffy, 248 Pa. 575 ; Potter County v. Page, 53 Pa. Superior Ct. 268 .

11940–1940
County of Lackawanna v. Duffy neutral
pa · 1915
1 sentence

1940To mention but a few illustrations: Despite the existence of the same personal accountability, the interest paid by the bank on a fund thus deposited has been held not to belong to the officer, but to the beneficiary: County of Lackawanna v. Duffy, 248 Pa. 575 ; Potter County v. Page, 53 Pa. Superior Ct. 268 .

11940–1940
Avery v. Home for Orphans of Odd Fellows neutral
pa · 1910
1 sentence

1939Illustrations in our own state are: Avery v. Home for Orphans of Odd Fellows of Pennsylvania, 228 Pa. 58 ; Kramph’s Estate, 228 Pa. 455, 461-463; Mears’s Estate, 299 Pa. 217 ; Curran’s Estate, 310 Pa. 434 , *134 In the present case the Orphans’ Court, after considering the provisions of the will and weighing the oral evidence in regard to the expressed sentiments of testatrix, her church affiliations, her family pride, and her attachment to the old homestead, found as a fact that her paramount purpose was to build and endow a Wilkey Memorial Presbyterian Church.

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

1939Illustrations in our own state are: Avery v. Home for Orphans of Odd Fellows of Pennsylvania, 228 Pa. 58 ; Kramph’s Estate, 228 Pa. 455, 461-463; Mears’s Estate, 299 Pa. 217 ; Curran’s Estate, 310 Pa. 434 , *134 In the present case the Orphans’ Court, after considering the provisions of the will and weighing the oral evidence in regard to the expressed sentiments of testatrix, her church affiliations, her family pride, and her attachment to the old homestead, found as a fact that her paramount purpose was to build and endow a Wilkey Memorial Presbyterian Church.

11939–1939
Mears's Estate neutral
pa · 1930
1 sentence

1939Illustrations in our own state are: Avery v. Home for Orphans of Odd Fellows of Pennsylvania, 228 Pa. 58 ; Kramph’s Estate, 228 Pa. 455, 461-463; Mears’s Estate, 299 Pa. 217 ; Curran’s Estate, 310 Pa. 434 , *134 In the present case the Orphans’ Court, after considering the provisions of the will and weighing the oral evidence in regard to the expressed sentiments of testatrix, her church affiliations, her family pride, and her attachment to the old homestead, found as a fact that her paramount purpose was to build and endow a Wilkey Memorial Presbyterian Church.

11939–1939
Maul v. Rider green
pa · 1868
1 sentence

1933Recording is constructive notice only to those who are bound to search for it: subsequent purchasers and mortgagees, and, perhaps, all others who deal with or on the credit of the title, in the line of which the recorded deed [or mortgage] belongs: Maul v. Rider, 59 Pa. 167, 171 ; Bank v. Carr, 15 Pa. Superior Ct. 346, 349 .

11933–1933
Bank v. Carr neutral
pasuperct · 1900
1 sentence

1933Recording is constructive notice only to those who are bound to search for it: subsequent purchasers and mortgagees, and, perhaps, all others who deal with or on the credit of the title, in the line of which the recorded deed [or mortgage] belongs: Maul v. Rider, 59 Pa. 167, 171 ; Bank v. Carr, 15 Pa. Superior Ct. 346, 349 .

11933–1933

Where else courts name it

CA 11 (1897–1978) PA 10 (1933–1997) NY 9 (1886–1985) ID 7 (1975–2023) IN 6 (1894–2000) LA 5 (1929–2010) CO 5 (1877–1913) TX 4 (1936–2007) AZ 4 (1921–1970) OK 2 (1938–1954) FL 2 (1966–1975) WV 2 (1933–1972) KY 2 (1909–1926) MI 2 (1906–2002) OR 2 (1899–1986) RI 2 (1981–2000) MO 2 (1906–1985)

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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