English rule in Pennsylvania

1981Thus, sovereign immunity “a carryover from the English doctrine that ‘the King can do no wrong’ ”, Mayle, supra, 479 Pa. at 387 , 388 A.2d at 710 , has been defended on the theory that without it *65 the courts would be overburdened and the Commonwealth financially imperiled.

1981Thus, sovereign immunity “a carryover from the English doctrine that ‘the King can do no wrong’ ”, Mayle, supra, 479 Pa. at 387 , 388 A.2d at 710 , has been defended on the theory that without it *65 the courts would be overburdened and the Commonwealth financially imperiled.

2017McGee, 535 A.2d at 1022 .

2017McGee, 535 A.2d at 1022 .

2016Id. 169 U.S. at 658-66 , 18 S.Ct. at 460-63 .

2016Id. 169 U.S. at 658-66 , 18 S.Ct. at 460-63 .

1994This doctrine has been termed “the rule of reasonable user,” and the key inquiry in its application is the scope of the limitation embodied in the phrase “in the use of the water for lawful purposes .” The court in the Rothrauff case, after discussing and discarding the English rule of absolute appropriation, stated that the “use must be limited to purposes incident to the benefi cial enjoyment of the land from which they are obtained, and if their diversion or sale to others away from the land impairs the supply of a spring or well on the property of another, such use is not for a ‘lawful pur

1994This doctrine has been termed “the rule of reasonable user,” and the key inquiry in its application is the scope of the limitation embodied in the phrase “in the use of the water for lawful purposes .” The court in the Rothrauff case, after discussing and discarding the English rule of absolute appropriation, stated that the “use must be limited to purposes incident to the benefi cial enjoyment of the land from which they are obtained, and if their diversion or sale to others away from the land impairs the supply of a spring or well on the property of another, such use is not for a ‘lawful pur

1969Watson, supra, decided on principles of federal common law, refused to assure doctrinal continuity at the risk of curtailing the growth and establishment of religious systems and ideas, and at the risk of preventing the meaningful functioning of church judicatories.

1969Watson, supra, decided on principles of federal common law, refused to assure doctrinal continuity at the risk of curtailing the growth and establishment of religious systems and ideas, and at the risk of preventing the meaningful functioning of church judicatories.

1937We regard the English rule as still prevailing in Pennsylvania, viz., that the word “issue” prima facie means all descendants and that such interpretation must prevail unless there is something in the will which indicates a different or more restricted meaning of the word: Miller’s Appeal, 52 Pa. 113 (1866); Wistar v. Scott, 105 Pa. 200 (1884).

1937We regard the English rule as still prevailing in Pennsylvania, viz., that the word “issue” prima facie means all descendants and that such interpretation must prevail unless there is something in the will which indicates a different or more restricted meaning of the word: Miller’s Appeal, 52 Pa. 113 (1866); Wistar v. Scott, 105 Pa. 200 (1884).

1953The English rule ‘that, in the case of an absent person of whom no tidings are received, the presumption of the continuance of life ceases at the end of seven years,’ has long been the law of Pennsylvania: Burr v. Sim, 4 Wh. 150 ; Groner v. Knights of Maccabees, 265 Pa. 129 .

1953The English rule ‘that, in the case of an absent person of whom no tidings are received, the presumption of the continuance of life ceases at the end of seven years,’ has long been the law of Pennsylvania: Burr v. Sim, 4 Wh. 150 ; Groner v. Knights of Maccabees, 265 Pa. 129 .

1934Sr. 111, and followed the English rule, remarking that the time of distribution is in itself a circumstance of paramount consideration, which case was followed in Schuldt's Est., 199 Pa. 58 .

1934Sr. 111, and followed the English rule, remarking that the time of distribution is in itself a circumstance of paramount consideration, which case was followed in Schuldt's Est., 199 Pa. 58 .

1914The rule laid down in Pennock’s Est., 20 Pa. 268 , and since uniformly followed, is: “Words, in a will expressive of desire, recommendation, and confidence are not words of technical, but of common parlance, and are not, prima facie, sufficient to convert a devise or bequest into a trust; and the old Roman and English rule on this subject is not part of the common law of Pennsylvania.

1891Thus, in Pennock’s Est., 20 Pa. 268 , Lowrie, J., speaking of the English rule, which was held not to be adopted here and to be fading away even in England, said: “ If it can be implied from the words that a discretion is left to withdraw any part of the subject of the devise from the object of the wish or request, or to apply it to the use of the devisee, no trust is created; ” and again: “ If she could thus use (consume or spend) it, she was no trustee in the eye of the law.” The general rule was accordingly held in that case to be that words expressive of desire or recommendation will not c

1896It was well observed in Phillips v. Meily, 106 Pa. 536 , by the then Mr. Justice Paxson, that “ The English rule that parol evidence is inadmissible to vary the terms of a written instrument does not exist in this state.

1896It was well observed in Phillips v. Meily, 106 Pa. 536 , by the then Mr. Justice Paxson, that “ The English rule that parol evidence is inadmissible to vary the terms of a written instrument does not exist in this state.

2024Garcia v. Wall & Ochs, Inc. 389 A.2d 607 (Pa. Super. 1978) (citing Kramer v. Stock, 10 Watts 115 (Pa. 1840)).

2024Id. -5- J-A05005-24 intended to eliminate proof of damages to maintain the action.

2024Id. -5- J-A05005-24 intended to eliminate proof of damages to maintain the action.

2021Id.

2017Our Supreme Court has declined to follow Silver on other grounds, specifically by holding that the Bankruptcy Code "preempts a state law claim of abuse of process based upon a frivolous claim hied in Bankruptcy Court proceedings....” See Stone Crushed Partnership, 908 A.2d at 880 . 6 .

2017Our Supreme Court has declined to follow Silver on other grounds, specifically by holding that the Bankruptcy Code "preempts a state law claim of abuse of process based upon a frivolous claim hied in Bankruptcy Court proceedings....” See Stone Crushed Partnership, 908 A.2d at 880 . 6 .

2014Co. v. DeWeese, 589 Pa. 167 , 907 A.2d 1051 (2006) (holding that a motion for attorney’s fees filed pursuant to 42 Pa.C.S. § 2503(3) in a garnishment action is a matter that is connected, but ancillary, to the underlying action); and Olympus Corp. v. Canady, 962 A.2d 671, 676 (Pa.Super.2008) (describing the English rule and procedure regarding the award of attorney’s fees).

2014Co. v. DeWeese, 589 Pa. 167 , 907 A.2d 1051 (2006) (holding that a motion for attorney’s fees filed pursuant to 42 Pa.C.S. § 2503(3) in a garnishment action is a matter that is connected, but ancillary, to the underlying action); and Olympus Corp. v. Canady, 962 A.2d 671, 676 (Pa.Super.2008) (describing the English rule and procedure regarding the award of attorney’s fees).

2006In Alexander v. Boyer, 253 Md. 511 , 253 A.2d 359 (1969), the Court of Appeals of Maryland held that, where one joint tenant leased her interest in real property to the husband of another joint tenant, who subsequently sub-leased the property to a third party, the joint tenancy was terminated.

2006In Alexander v. Boyer, 253 Md. 511 , 253 A.2d 359 (1969), the Court of Appeals of Maryland held that, where one joint tenant leased her interest in real property to the husband of another joint tenant, who subsequently sub-leased the property to a third party, the joint tenancy was terminated.

2001Id. 497 Pa. at 61 , 439 A.2d at 102 citing United States v. Hoar, 26 Fed Cases, No. 15,373 pp. 329, 330 (1821).

2001Id. 497 Pa. at 61 , 439 A.2d at 102 citing United States v. Hoar, 26 Fed Cases, No. 15,373 pp. 329, 330 (1821).

1987The Supreme Court noted that the “law of England on this matter is not wholly free from doubt,” but *116 regardless of the English rule the “overwhelming weight of American authority” was that express statutory authorization was required in accordance with the common law. 144 U.S. at 314 , 12 S.Ct. at 610 .

1987The Supreme Court noted that the “law of England on this matter is not wholly free from doubt,” but *116 regardless of the English rule the “overwhelming weight of American authority” was that express statutory authorization was required in accordance with the common law. 144 U.S. at 314 , 12 S.Ct. at 610 .

1987McDevitt v. Terminal Warehouse Company, 346 Pa. Super. 186 , 499 A.2d 374 (1985); Estate of Wanamaker, 314 Pa. Super. 177 , 460 A.2d 824 (1983); Corace v. Balint, 418 Pa. 262 , 210 A.2d 882 (1965).

1987McDevitt v. Terminal Warehouse Company, 346 Pa. Super. 186 , 499 A.2d 374 (1985); Estate of Wanamaker, 314 Pa. Super. 177 , 460 A.2d 824 (1983); Corace v. Balint, 418 Pa. 262 , 210 A.2d 882 (1965).

1987McDevitt v. Terminal Warehouse Company, 346 Pa. Super. 186 , 499 A.2d 374 (1985); Estate of Wanamaker, 314 Pa. Super. 177 , 460 A.2d 824 (1983); Corace v. Balint, 418 Pa. 262 , 210 A.2d 882 (1965).

1987McDevitt v. Terminal Warehouse Company, 346 Pa. Super. 186 , 499 A.2d 374 (1985); Estate of Wanamaker, 314 Pa. Super. 177 , 460 A.2d 824 (1983); Corace v. Balint, 418 Pa. 262 , 210 A.2d 882 (1965).

1987McDevitt v. Terminal Warehouse Company, 346 Pa. Super. 186 , 499 A.2d 374 (1985); Estate of Wanamaker, 314 Pa. Super. 177 , 460 A.2d 824 (1983); Corace v. Balint, 418 Pa. 262 , 210 A.2d 882 (1965).

1987McDevitt v. Terminal Warehouse Company, 346 Pa. Super. 186 , 499 A.2d 374 (1985); Estate of Wanamaker, 314 Pa. Super. 177 , 460 A.2d 824 (1983); Corace v. Balint, 418 Pa. 262 , 210 A.2d 882 (1965).