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10 Pennsylvania opinions name it 4 courts 1986–2019 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.
| Case | Followed | Cited |
|---|---|---|
Staudenmayer v. Staudenmayergreen2 sentences2019See Staudenmayer, supra. However, "cohabitation between unmarried people today does not carry with it the same social taboo as when the common law marriage doctrine was developed", and is perhaps less indicative of parties to be married spouses "than it was fifty or one hundred years ago." Id., 714 A.2d at 1023 . 2017Our Supreme Court addressed the doctrine of common law marriage in Staudenmayer v. Staudenmayer, 714 A.2d 1016 (Pa. 1998) (plurality).2 ____________________________________________ 1 We exercise jurisdiction pursuant to Pa.R.A.P. 342(a)(5) (“An appeal may be taken as of right from the following orders of the [o]rphans’ [c]ourt Division: […] An order determining the status of fiduciaries, beneficiaries, or creditors in an estate[.]”) 2 Six justices participated in Staudenmayer. | 3 | 5 |
PNC Bank Corp. v. Workers' Compensation Appeal Boardgreen2 sentences2017Appeal Bd. (Stamos), 831 A.2d 1269, 1281-83 (Pa.Cmwlth. 2003) (prospectively abolishing doctrine of common law marriage in Pennsylvania). 2 . 2010This Court, in PNC Bank Corp. v. Workers' Compensation Appeal Board (Stamos), 831 A.2d 1269 (Pa.Cmwlth.2003), prospectively abolished the doctrine of common law marriage. | 2 | 6 |
Cleveland v. Johns-Manville Corp.green2 sentences2004See Cleveland v. Johns-Manville Corp., 547 Pa. 402 , 690 A.2d 1146 , 1150 n. 8 (1997), questioned on other grounds, Norfolk & Western Ry. 2004See Cleveland v. Johns-Manville Corp., 547 Pa. 402 , 690 A.2d 1146 , 1150 n. 8 (1997), questioned on other grounds, Norfolk & Western Ry. | 1 | 1 |
Commonwealth v. Reevesgreen2 sentences1986See, e.g., Commonwealth v. Mlinarich, 345 Pa.Super. 269 , 498 A.2d 395 (1985), (considering meaning of "forcible compulsion" as element of rape in light of appellate decisions and legislative history of Crimes Code, and suggesting need for review by Supreme Court and legislature); Interest of Miller, 301 Pa.Super. 511, 526 , 448 A.2d 25, 32 (1982) (application of doctrine of common law marriage; observation *24 that if application seems inappropriate, legislative changes needed); Commonwealth v. Reeves, 223 Pa.Super. 51, 55 , 297 A.2d 142, 144 (1972) (PACKEL, J., concurring) (application to in 1986See, e.g., Commonwealth v. Mlinarich, 345 Pa.Super. 269 , 498 A.2d 395 (1985), (considering meaning of "forcible compulsion" as element of rape in light of appellate decisions and legislative history of Crimes Code, and suggesting need for review by Supreme Court and legislature); Interest of Miller, 301 Pa.Super. 511, 526 , 448 A.2d 25, 32 (1982) (application of doctrine of common law marriage; observation *24 that if application seems inappropriate, legislative changes needed); Commonwealth v. Reeves, 223 Pa.Super. 51, 55 , 297 A.2d 142, 144 (1972) (PACKEL, J., concurring) (application to in | 1 | 1 |
Commonwealth v. Mlinarichgreen2 sentences1986See, e.g., Commonwealth v. Mlinarich, 345 Pa.Super. 269 , 498 A.2d 395 (1985), (considering meaning of "forcible compulsion" as element of rape in light of appellate decisions and legislative history of Crimes Code, and suggesting need for review by Supreme Court and legislature); Interest of Miller, 301 Pa.Super. 511, 526 , 448 A.2d 25, 32 (1982) (application of doctrine of common law marriage; observation *24 that if application seems inappropriate, legislative changes needed); Commonwealth v. Reeves, 223 Pa.Super. 51, 55 , 297 A.2d 142, 144 (1972) (PACKEL, J., concurring) (application to in 1986See, e.g., Commonwealth v. Mlinarich, 345 Pa.Super. 269 , 498 A.2d 395 (1985), (considering meaning of "forcible compulsion" as element of rape in light of appellate decisions and legislative history of Crimes Code, and suggesting need for review by Supreme Court and legislature); Interest of Miller, 301 Pa.Super. 511, 526 , 448 A.2d 25, 32 (1982) (application of doctrine of common law marriage; observation *24 that if application seems inappropriate, legislative changes needed); Commonwealth v. Reeves, 223 Pa.Super. 51, 55 , 297 A.2d 142, 144 (1972) (PACKEL, J., concurring) (application to in | 1 | 1 |
In Interest of Millergreen2 sentences1986See, e.g., Commonwealth v. Mlinarich, 345 Pa.Super. 269 , 498 A.2d 395 (1985), (considering meaning of "forcible compulsion" as element of rape in light of appellate decisions and legislative history of Crimes Code, and suggesting need for review by Supreme Court and legislature); Interest of Miller, 301 Pa.Super. 511, 526 , 448 A.2d 25, 32 (1982) (application of doctrine of common law marriage; observation *24 that if application seems inappropriate, legislative changes needed); Commonwealth v. Reeves, 223 Pa.Super. 51, 55 , 297 A.2d 142, 144 (1972) (PACKEL, J., concurring) (application to in 1986See, e.g., Commonwealth v. Mlinarich, 345 Pa.Super. 269 , 498 A.2d 395 (1985), (considering meaning of "forcible compulsion" as element of rape in light of appellate decisions and legislative history of Crimes Code, and suggesting need for review by Supreme Court and legislature); Interest of Miller, 301 Pa.Super. 511, 526 , 448 A.2d 25, 32 (1982) (application of doctrine of common law marriage; observation *24 that if application seems inappropriate, legislative changes needed); Commonwealth v. Reeves, 223 Pa.Super. 51, 55 , 297 A.2d 142, 144 (1972) (PACKEL, J., concurring) (application to in | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hertz v. Hertz
neutral
1 sentence2019"Since people live together 10 without intending to marry there must be proof of an agreement to enter into the relationship in order to establish that the parties are married." Hertz v. Hertz, 23 Pa. D. & C.3d 55 (1981). | 1 | 2019–2019 |
Commonwealth v. Randolph
green
2 sentences2007The WCJ stated that in 1998 the Pennsylvania Supreme Court expressly declined to abolish the doctrine of common law marriage in Staudenmayer v. Staudenmayer, 552 Pa. 253 , 714 A.2d 1016 (1998), and he quoted a statement by the court in Commonwealth v. Randolph, 553 Pa. 224 , 718 A.2d 1242 (1998), that a lower tribunal may not disregard the standards articulated by a higher court. 2007The WCJ stated that in 1998 the Pennsylvania Supreme Court expressly declined to abolish the doctrine of common law marriage in Staudenmayer v. Staudenmayer, 552 Pa. 253 , 714 A.2d 1016 (1998), and he quoted a statement by the court in Commonwealth v. Randolph, 553 Pa. 224 , 718 A.2d 1242 (1998), that a lower tribunal may not disregard the standards articulated by a higher court. | 1 | 2007–2007 |
Republic Steel Corp. v. Maddox
green
2 sentences2004Although, as the Commonwealth Court recognized, both the Majority and Concurring decisions in Staudenmayer herald the abolition of the common law marriage doctrine, see PNC Bank, 831 A.2d at 1282 (quoting Republic Steel v. Maddox, 379 U.S. 650, 667 , 85 S.Ct. 614 , 13 L.Ed.2d 580 (1965) (Black J., dissenting) (“Our Supreme Court ‘has raised the overruling axe so high that its falling is just about as certain as the changing of the season.’”)), its imminent demise, even if treated as a certainty, does not salvage the trial court’s decision here. 2004Although, as the Commonwealth Court recognized, both the Majority and Concurring decisions in Staudenmayer herald the abolition of the common law marriage doctrine, see PNC Bank, 831 A.2d at 1282 (quoting Republic Steel v. Maddox, 379 U.S. 650, 667 , 85 S.Ct. 614 , 13 L.Ed.2d 580 (1965) (Black J., dissenting) (“Our Supreme Court ‘has raised the overruling axe so high that its falling is just about as certain as the changing of the season.’”)), its imminent demise, even if treated as a certainty, does not salvage the trial court’s decision here. | 1 | 2004–2004 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.