party making challenge (Pennsylvania) · Go Syfert
← Pennsylvania issues

party making challenge in Pennsylvania

10 Pennsylvania opinions name it 4 courts 1911–2014 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 (6)

CaseFollowedCited
General Accident Insurance Co. of America v. Allengreen
pa · 1997 · cited in 3 Pennsylvania opinions naming this issue, 1998–2014
2 sentences

2014Co. of America v. Allen, 547 Pa. 693, 706 , 692 A.2d 1089, 1095 (1997) (citations omitted).

2014Co. of America v. Allen, 547 Pa. 693, 706 , 692 A.2d 1089, 1095 (1997) (citations omitted).

33
Commonwealth v. Pontiousgreen
pa · 1990 · cited in 1 Pennsylvania opinions naming this issue, 2004–2004
2 sentences

2004In re Hickson, 765 A.2d 372 (Pa.Super.2000), affirmed, 573 Pa. 127 , 821 A.2d 1238 (2003). ¶ 10 Quoting the Pennsylvania Supreme Court, this Court has explained the de facto doctrine as follows: A person in possession of an office and discharging its duties under the color of authority, — that is, authority derived from an election or appointment however irregular or informal, so that the incumbent be not a mere volunteer, — is a de facto officer, and his acts are good so far as respects the public; attacks upon the right of such an incumbent to serve must be instituted by the Commonwealth in

2004In re Hickson, 765 A.2d 372 (Pa.Super.2000), affirmed, 573 Pa. 127 , 821 A.2d 1238 (2003). ¶ 10 Quoting the Pennsylvania Supreme Court, this Court has explained the de facto doctrine as follows: A person in possession of an office and discharging its duties under the color of authority, — that is, authority derived from an election or appointment however irregular or informal, so that the incumbent be not a mere volunteer, — is a de facto officer, and his acts are good so far as respects the public; attacks upon the right of such an incumbent to serve must be instituted by the Commonwealth in

11
Pleasant Hills Borough v. Jefferson Townshipgreen
pa · 1948 · cited in 1 Pennsylvania opinions naming this issue, 2004–2004
2 sentences

2004In re Hickson, 765 A.2d 372 (Pa.Super.2000), affirmed, 573 Pa. 127 , 821 A.2d 1238 (2003). ¶ 10 Quoting the Pennsylvania Supreme Court, this Court has explained the de facto doctrine as follows: A person in possession of an office and discharging its duties under the color of authority, — that is, authority derived from an election or appointment however irregular or informal, so that the incumbent be not a mere volunteer, — is a de facto officer, and his acts are good so far as respects the public; attacks upon the right of such an incumbent to serve must be instituted by the Commonwealth in

2004In re Hickson, 765 A.2d 372 (Pa.Super.2000), affirmed, 573 Pa. 127 , 821 A.2d 1238 (2003). ¶ 10 Quoting the Pennsylvania Supreme Court, this Court has explained the de facto doctrine as follows: A person in possession of an office and discharging its duties under the color of authority, — that is, authority derived from an election or appointment however irregular or informal, so that the incumbent be not a mere volunteer, — is a de facto officer, and his acts are good so far as respects the public; attacks upon the right of such an incumbent to serve must be instituted by the Commonwealth in

11
Commonwealth v. Dotygreen
pa · 1985 · cited in 1 Pennsylvania opinions naming this issue, 1988–1988
2 sentences

1988Commonwealth v. Doty, 345 Pa.Super. 374, 387 , 498 A.2d 870, 876 (1985), cert. denied, Doty v. Pennsylvania, 479 U.S. 853 , 107 S.Ct. 185 , 93 L.Ed.2d 119 (1986).

1988Commonwealth v. Doty, 345 Pa.Super. 374, 387 , 498 A.2d 870, 876 (1985), cert. denied, Doty v. Pennsylvania, 479 U.S. 853 , 107 S.Ct. 185 , 93 L.Ed.2d 119 (1986).

11
Board of Regents of State Colleges v. Rothgreen
scotus · 1972 · cited in 1 Pennsylvania opinions naming this issue, 1982–1982
1 sentence

1982In order to have a property interest in a public works contract, the party making the claim must show that it has a “legitimate claim of entitlement.” Board of Regents v. Roth, 408 U.S. 564, 577 (1972).

11
Barker's Estategreen
pa · 1894 · cited in 1 Pennsylvania opinions naming this issue, 1957–1957
2 sentences

1957See Barker’s Estate, 159 Pa. 518 , 28 Atl. 365, 368 .

1957See Barker’s Estate, 159 Pa. 518 , 28 Atl. 365, 368 .

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 (9)

CaseCitedYears
Basile v. H & R BLOCK, INC. green
pasuperct · 2001
1 sentence

2006See id.; Basile v. H & R Block, 777 A.2d 95 (Pa.Super.2001).

12006–2006
In Re Hickson green
pa · 2003
2 sentences

2004In re Hickson, 765 A.2d 372 (Pa.Super.2000), affirmed, 573 Pa. 127 , 821 A.2d 1238 (2003). ¶ 10 Quoting the Pennsylvania Supreme Court, this Court has explained the de facto doctrine as follows: A person in possession of an office and discharging its duties under the color of authority, — that is, authority derived from an election or appointment however irregular or informal, so that the incumbent be not a mere volunteer, — is a de facto officer, and his acts are good so far as respects the public; attacks upon the right of such an incumbent to serve must be instituted by the Commonwealth in

2004In re Hickson, 765 A.2d 372 (Pa.Super.2000), affirmed, 573 Pa. 127 , 821 A.2d 1238 (2003). ¶ 10 Quoting the Pennsylvania Supreme Court, this Court has explained the de facto doctrine as follows: A person in possession of an office and discharging its duties under the color of authority, — that is, authority derived from an election or appointment however irregular or informal, so that the incumbent be not a mere volunteer, — is a de facto officer, and his acts are good so far as respects the public; attacks upon the right of such an incumbent to serve must be instituted by the Commonwealth in

12004–2004
In Re Hickson green
pasuperct · 2000
2 sentences

2004In re Hickson, 765 A.2d 372 (Pa.Super.2000), affirmed, 573 Pa. 127 , 821 A.2d 1238 (2003). ¶ 10 Quoting the Pennsylvania Supreme Court, this Court has explained the de facto doctrine as follows: A person in possession of an office and discharging its duties under the color of authority, — -that is, authority derived from an election or appointment however irregular or informal, so that the incumbent be not a mere volunteer, — is a de facto officer, and his acts are good so far as respects the public; attacks upon the right of such an incumbent to serve must be instituted by the Commonwealth in

2004In re Hickson, 765 A.2d 372 (Pa.Super.2000), affirmed, 573 Pa. 127 , 821 A.2d 1238 (2003). ¶ 10 Quoting the Pennsylvania Supreme Court, this Court has explained the de facto doctrine as follows: A person in possession of an office and discharging its duties under the color of authority, — that is, authority derived from an election or appointment however irregular or informal, so that the incumbent be not a mere volunteer, — is a de facto officer, and his acts are good so far as respects the public; attacks upon the right of such an incumbent to serve must be instituted by the Commonwealth in

12004–2004
Pia v. Perrotti green
pasuperct · 1998
2 sentences

2001In my judgment, this is not necessary where the party making the claim has preserved the product it alleges caused the damage. ¶ 3 Contrary to the Majority's position I do not find instructive this court's decision in Pia v. Perrotti, 718 A.2d 321 (Pa.Super. 1998).

2001In my judgment, this is not necessary where the party making the claim has preserved the product it alleges caused the damage. ¶ 3 Contrary to the Majority’s position I do not find instructive this court’s decision in Pia v. Perrotti, 718 A.2d 321 (Pa.Super.1998).

12001–2001
Mahan & Rowsey, Inc. v. Oklahoma Natural Gas green
scotus · 1986
2 sentences

1988Commonwealth v. Doty, 345 Pa.Super. 374, 387 , 498 A.2d 870, 876 (1985), cert. denied, Doty v. Pennsylvania, 479 U.S. 853 , 107 S.Ct. 185 , 93 L.Ed.2d 119 (1986).

1988Commonwealth v. Doty, 345 Pa.Super. 374, 387 , 498 A.2d 870, 876 (1985), cert. denied, Doty v. Pennsylvania, 479 U.S. 853 , 107 S.Ct. 185 , 93 L.Ed.2d 119 (1986).

11988–1988
Brooks v. Chrysler Corp. green
scotus · 1986
2 sentences

1988Commonwealth v. Doty, 345 Pa.Super. 374, 387 , 498 A.2d 870, 876 (1985), cert. denied, Doty v. Pennsylvania, 479 U.S. 853 , 107 S.Ct. 185 , 93 L.Ed.2d 119 (1986).

1988Commonwealth v. Doty, 345 Pa.Super. 374, 387 , 498 A.2d 870, 876 (1985), cert. denied, Doty v. Pennsylvania, 479 U.S. 853 , 107 S.Ct. 185 , 93 L.Ed.2d 119 (1986).

11988–1988
Des Vignes v. Department of Transportation green
scotus · 1986
2 sentences

1988Commonwealth v. Doty, 345 Pa.Super. 374, 387 , 498 A.2d 870, 876 (1985), cert. denied, Doty v. Pennsylvania, 479 U.S. 853 , 107 S.Ct. 185 , 93 L.Ed.2d 119 (1986).

1988Commonwealth v. Doty, 345 Pa.Super. 374, 387 , 498 A.2d 870, 876 (1985), cert. denied, Doty v. Pennsylvania, 479 U.S. 853 , 107 S.Ct. 185 , 93 L.Ed.2d 119 (1986).

11988–1988
Fleming v. Culbert green
· 1864
1 sentence

1911In the case cited there is quoted with approval, the following language, taken from Wood on Limitation of Actions, sec. 276, as accurately expressing the doctrine that has been followed in more recent decisions: "Something more than mere silence is necessary unless the relationship of the parties is such that the party is bound to speak; it is necessary that some effort to conceal the fraud should have been made, either by preventing an investigation or by misleading the party making inquiry, or that misrepresen tations were made by the party which were calculated to mislead him.” In Fleming v

11911–1911
Sankey v. McElevey green
pa · 1883
1 sentence

1911In the case cited there is quoted with approval, the following language, taken from Wood on Limitation of Actions, sec. 276, as accurately expressing the doctrine that has been followed in more recent decisions: "Something more than mere silence is necessary unless the relationship of the parties is such that the party is bound to speak; it is necessary that some effort to conceal the fraud should have been made, either by preventing an investigation or by misleading the party making inquiry, or that misrepresen tations were made by the party which were calculated to mislead him.” In Fleming v

11911–1911

Where else courts name it

KS 46 (1934–2025) NY 39 (1863–2025) IL 27 (1902–2026) AL 23 (1942–2010) CT 20 (1976–2003) OH 20 (2001–2025) IN 18 (1991–2020) TX 17 (1981–2024) CA 16 (1891–2016) MO 15 (1884–2017) LA 14 (1986–2025) VA 14 (1910–2018) NM 13 (1981–2024) MT 12 (1994–2022) AZ 11 (1981–2024) MA 10 (1914–2009) PA 10 (1911–2014) NC 10 (1928–2017) WA 9 (2000–2015) MI 7 (1912–2025) NJ 7 (1984–2025) FL 6 (1985–2019) AK 6 (1978–2017) NE 6 (1947–2019) WY 5 (1970–2021) IA 5 (1986–2023) OR 5 (1993–2020) WV 4 (1877–2004) RI 4 (1949–2007) WI 4 (1988–2025) GA 3 (1928–1947) TN 3 (1951–2001) MD 3 (1977–2002) KY 3 (1947–2013) ND 3 (1901–2007) VT 3 (1987–2017) ID 3 (1992–2016) NH 3 (1850–2020) UT 3 (1997–2019) AR 2 (1912–1989) MN 2 (2011–2013) MS 2 (2009–2014)

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