entirely different standard (Pennsylvania) · Go Syfert
← Pennsylvania issues

entirely different standard in Pennsylvania

9 Pennsylvania opinions name it 2 courts 1864–2024 2 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 (4)

CaseFollowedCited
Lower Frederick Township v. Clemmergreen
pa · 1988 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
2 sentences

2017Nor does it foreclose the prospect that the Commonwealth Court on remand may fashion an entirely different standard, as is its prerogative by virtue of Petitioners’ request for “such other and further relief as the [e]ourt may deem just and proper.” Petition at 123 ¶ 324; see Lower Frederick Twp. v. Clemmer, 518 Pa. 313 , 543 A.2d 502, 512 (1988) (“A prayer for general relief is as broad as the equitable powers of the court.

2017Nor does it foreclose the prospect that the Commonwealth Court on remand may fashion an entirely different standard, as is its prerogative by virtue of Petitioners’ request for “such other and further relief as the [e]ourt may deem just and proper.” Petition at 123 ¶ 324; see Lower Frederick Twp. v. Clemmer, 518 Pa. 313 , 543 A.2d 502, 512 (1988) (“A prayer for general relief is as broad as the equitable powers of the court.

11
Meth v. Methgreen
pa · 1948 · cited in 1 Pennsylvania opinions naming this issue, 2017–2017
2 sentences

2017Under such a prayer a chancellor in equity may grant any relief that is consistent with the theory and purpose of the action.”); Meth v. Meth, 360 Pa. 623 , 62 A.2d 848, 849 (1949) (same).

2017Under such a prayer a chancellor in equity may grant any relief that is consistent with the theory and purpose of the action.”); Meth v. Meth, 360 Pa. 623 , 62 A.2d 848, 849 (1949) (same).

11
Commonwealth Ex Rel. Johnson v. Myersgreen
pa · 1961 · cited in 1 Pennsylvania opinions naming this issue, 1964–1964
2 sentences

1964Johnson v. Myers, 402 Pa. 451, 454, 461 , 167 A. 2d 295 (where the Court by dictum changed the presumption in felonious murder which had existed from Coke and Blackstone, and had been reiterated a myriad times by this Court in prior decisions) ; Bell v. Yellow Cab Co., 399 Pa. 332, 343-347 , 160 A. 2d 437 (where the Court adopted a test for a new trial which ignored S3 prior decisions of this Court which had established an entirely different standard) ; Bilbar Construction Company v. Easttown Township Board of Adjustment, 393 Pa. 62, 77, 78 , 141 A. 2d 851 (where the Court established a new an

1964Johnson v. Myers, 402 Pa. 451, 454, 461 , 167 A. 2d 295 (where the Court by dictum changed the presumption in felonious murder which had existed from Coke and Blackstone, and had been reiterated a myriad times by this Court in prior decisions) ; Bell v. Yellow Cab Co., 399 Pa. 332, 343-347 , 160 A. 2d 437 (where the Court adopted a test for a new trial which ignored S3 prior decisions of this Court which had established an entirely different standard) ; Bilbar Construction Company v. Easttown Township Board of Adjustment, 393 Pa. 62, 77, 78 , 141 A. 2d 851 (where the Court established a new an

11
Bilbar Construction Co. v. Easttown Township Board of Adjustmentgreen
pa · 1958 · cited in 1 Pennsylvania opinions naming this issue, 1964–1964
1 sentence

1964Johnson v. Myers, 402 Pa. 451, 454, 461 , 167 A. 2d 295 (where the Court by dictum changed the presumption in felonious murder which had existed from Coke and Blackstone, and had been reiterated a myriad times by this Court in prior decisions) ; Bell v. Yellow Cab Co., 399 Pa. 332, 343-347 , 160 A. 2d 437 (where the Court adopted a test for a new trial which ignored S3 prior decisions of this Court which had established an entirely different standard) ; Bilbar Construction Company v. Easttown Township Board of Adjustment, 393 Pa. 62, 77, 78 , 141 A. 2d 851 (where the Court established a new an

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 (10)

CaseCitedYears
Levy's Estate green
pa · 1939
2 sentences

1957This is prescribed by Levy’s Estate, 333 Pa. 440 .

1943This is prescribed by Levy’s Estate, 333 Pa. 440 .

21943–1957
McCoy v. Louisiana green
scotus · 2018
1 sentence

2024The United States Constitution Sixth Amendment guarantees a criminal defendant the right to choose objective of his own defense and insist that his counsel refrain from admitting guilt[]. [See] McCoy v. Louisiana[, 138 S.Ct. 1500 (2018).] And this right was violated when counsel chose to purse an entirely different defense than the agreed upon defense and that [is] how Appellant was prejudiced. - 13 - J-S44012-23 Appellant’ Brief at 21-22.

12024–2024
In re N.A.M. green
pasuperct · 2011
1 sentence

2023Id.

12023–2023
Bell v. Yellow Cab Co. green
pa · 1960
2 sentences

1964Johnson v. Myers, 402 Pa. 451, 454, 461 , 167 A. 2d 295 (where the Court by dictum changed the presumption in felonious murder which had existed from Coke and Blackstone, and had been reiterated a myriad times by this Court in prior decisions) ; Bell v. Yellow Cab Co., 399 Pa. 332, 343-347 , 160 A. 2d 437 (where the Court adopted a test for a new trial which ignored S3 prior decisions of this Court which had established an entirely different standard) ; Bilbar Construction Company v. Easttown Township Board of Adjustment, 393 Pa. 62, 77, 78 , 141 A. 2d 851 (where the Court established a new an

1964Johnson v. Myers, 402 Pa. 451, 454, 461 , 167 A. 2d 295 (where the Court by dictum changed the presumption in felonious murder which had existed from Coke and Blackstone, and had been reiterated a myriad times by this Court in prior decisions) ; Bell v. Yellow Cab Co., 399 Pa. 332, 343-347 , 160 A. 2d 437 (where the Court adopted a test for a new trial which ignored S3 prior decisions of this Court which had established an entirely different standard) ; Bilbar Construction Company v. Easttown Township Board of Adjustment, 393 Pa. 62, 77, 78 , 141 A. 2d 851 (where the Court established a new an

11964–1964
Home v. Startzell green
pa · 1912
2 sentences

1951Where a judgment is entered on a bond accompanying a mortgage of record the lien of that judgment, so far as the mortgaged premises are concerned, relates back to the date of the mortgage (Keene Home v. Startzell, 235 Pa. 110 , 83 A. 584 (1912); West Arch Building & Loan Assn. v. Nichols, 303 Pa. 434 , 154 A. 703 (1931)) and so long as the mortgage remains unsatisfied the mortgagee has the option to proceed either by foreclosure of the mortgage or by fi. fa. on the judgment.

1951Where a judgment is entered on a bond accompanying a mortgage of record the lien of that judgment, so far as the mortgaged premises are concerned, relates back to the date of the mortgage (Keene Home v. Startzell, 235 Pa. 110 , 83 A. 584 (1912); West Arch Building & Loan Assn. v. Nichols, 303 Pa. 434 , 154 A. 703 (1931)) and so long as the mortgage remains unsatisfied the mortgagee has the option to proceed either by foreclosure of the mortgage or by fi. fa. on the judgment.

11951–1951
West Arch Building & Loan Ass'n v. Nichols green
pa · 1931
2 sentences

1951Where a judgment is entered on a bond accompanying a mortgage of record the lien of that judgment, so far as the mortgaged premises are concerned, relates back to the date of the mortgage (Keene Home v. Startzell, 235 Pa. 110 , 83 A. 584 (1912); West Arch Building & Loan Assn. v. Nichols, 303 Pa. 434 , 154 A. 703 (1931)) and so long as the mortgage remains unsatisfied the mortgagee has the option to proceed either by foreclosure of the mortgage or by fi. fa. on the judgment.

1951Where a judgment is entered on a bond accompanying a mortgage of record the lien of that judgment, so far as the mortgaged premises are concerned, relates back to the date of the mortgage (Keene Home v. Startzell, 235 Pa. 110 , 83 A. 584 (1912); West Arch Building & Loan Assn. v. Nichols, 303 Pa. 434 , 154 A. 703 (1931)) and so long as the mortgage remains unsatisfied the mortgagee has the option to proceed either by foreclosure of the mortgage or by fi. fa. on the judgment.

11951–1951
Fisher v. Milliken neutral
pa · 1848
1 sentence

1903Bussman v. Ganster, 72 Pa. 285 , stands on an entirely different principle, for the reason stated by Chief Justice Gibson in Fisher v. Milliken, 8 Pa. 111 namely, “ nothing but a surrender, a release, or an eviction can in whole or in part absolve the tenant from the obligation of his covenant with his landlord.” Contracts' for the erection of buildings as in Trustees v. Bennett, supra, and Board of Education v. Townsend, 63 Ohio, 514, s. c., 52 L.

11903–1903
Bussman v. Ganster neutral
pa · 1872
1 sentence

1903Bussman v. Ganster, 72 Pa. 285 , stands on an entirely different principle, for the reason stated by Chief Justice Gibson in Fisher v. Milliken, 8 Pa. 111 namely, “ nothing but a surrender, a release, or an eviction can in whole or in part absolve the tenant from the obligation of his covenant with his landlord.” Contracts' for the erection of buildings as in Trustees v. Bennett, supra, and Board of Education v. Townsend, 63 Ohio, 514, s. c., 52 L.

11903–1903
Filbert v. Hawk green
pa · 1839
1 sentence

1864I am aware that Metzgar v. Metzgar, 1 Rawle 227 , and cited by Kennedy, J., in Filbert v. Hawk, 8 Watts 443 , for an entirely different principle, seems somewhat at variance with the foregoing views.

11864–1864
Metzgar ex rel. Uhler v. Metzgar neutral
· 1829
1 sentence

1864I am aware that Metzgar v. Metzgar, 1 Rawle 227 , and cited by Kennedy, J., in Filbert v. Hawk, 8 Watts 443 , for an entirely different principle, seems somewhat at variance with the foregoing views.

11864–1864

Where else courts name it

NY 28 (1835–2023) NC 28 (1899–2026) CA 21 (1890–2025) IL 15 (1890–2026) TX 13 (1925–2024) CT 10 (1984–2016) PA 9 (1864–2024) MD 7 (1858–2016) GA 7 (1898–2004) WA 6 (2007–2019) KY 6 (1909–1987) NE 6 (1903–2020) OR 6 (1922–2015) WI 6 (1879–2008) IN 6 (1901–2020) FL 5 (1972–2003) KS 5 (1891–1988) MI 5 (1995–2026) NJ 4 (1935–2014) OK 4 (1921–2003) MO 4 (1893–2016) MT 4 (1936–1988) ID 4 (1985–2023) WV 3 (1909–2016) IA 3 (1879–1952) AL 3 (1858–1952) DC 3 (1992–2023) SD 2 (2022–2026) UT 2 (2021–2024) SC 2 (1907–1935) NM 2 (1914–1961) OH 2 (2006–2015) NH 2 (1985–2021) VA 2 (1985–2000) MS 2 (1972–1995)

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