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9 Pennsylvania opinions name it 5 courts 1929–2019 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 |
|---|---|---|
Helstrom v. Commonwealthgreen2 sentences1982Helstrom v. Workmen’s Compensation Appeal Board, 43 Pa. Commonwealth Ct. 113 , 401 A. 2d 882 (1979). 1982Helstrom v. Workmen’s Compensation Appeal Board, 43 Pa. Commonwealth Ct. 113 , 401 A. 2d 882 (1979). | 1 | 2 |
Commonwealth v. Hernandezgreen2 sentences2019See Commonwealth v. Hernandez, 755 A.2d 1, 12 (Pa. Super. 2000) (“[An] appellant [has] a right to file an appeal challenging the discretionary aspects of [her] sentence.”); see also id., at 12, n.5 (“an appeal challenging the discretionary aspects of [a] sentence [] is considered a petition for permission to appeal[.]”). 2019See Commonwealth v. Hernandez, 755 A.2d 1, 12 (Pa. Super. 2000) (“[An] appellant [has] a right to file an appeal challenging the discretionary aspects of [her] sentence.”); see also id., at 12, n.5 (“an appeal challenging the discretionary aspects of [a] sentence [] is considered a petition for permission to appeal[.]”). | 1 | 1 |
Consolidation Coal Co. v. Commonwealthgreen2 sentences1980If, as employer thus contends, the three-year period for filing a total disability claim were to be triggered by partial disability, an impossible result could arise because the onset of partial disability can easily occur more than three years before disability becomes total; as we recently noted in Consolidation Coal Co. v. Workmen’s Compensation Appeal Board, in dealing with an argument that time limitations as to total disability claims should be triggered at the point of partial disability : . . . [A]n interpretation which resulted in the claim filing period starting before the onset of t 1980If, as employer thus contends, the three-year period for filing a total disability claim were to be triggered by partial disability, an impossible result could arise because the onset of partial disability can easily occur more than three years before disability becomes total; as we recently noted in Consolidation Coal Co. v. Workmen’s Compensation Appeal Board, in dealing with an argument that time limitations as to total disability claims should be triggered at the point of partial disability : . . . [A]n interpretation which resulted in the claim filing period starting before the onset of t | 1 | 1 |
Reece v. Haymakergreen1 sentence1942See Reece v. Haymaker, 164 Pa. 575 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Presbyterian Church v. Allison
green
1 sentence1977Co. v. Morgan, 217 Pa. 367 , 266 Atl. 566 (1907); Presbyterian Church v. Allison, 10 Pa. 413 (1849); Barclay v. Wainwright, 86 Pa. 191 (1878); Hommel v. Lewis, 104 Pa. 465 (1884); and Green & Co. v. Thompson, 172 Pa. 609 , 33 Atl. 702 (1896), has been effectively disposed of by section 404 of the Mechanics’ Lien Law of 1963, which provides: “The giving of credit. . . shall not operate to waive the right to file a claim . . .” Act of August 24, 1963, P. L. 1175, sec. 404, 49 P. S. §1404. | 1 | 1977–1977 |
Barclay v. Wainwright
neutral
1 sentence1977Co. v. Morgan, 217 Pa. 367 , 266 Atl. 566 (1907); Presbyterian Church v. Allison, 10 Pa. 413 (1849); Barclay v. Wainwright, 86 Pa. 191 (1878); Hommel v. Lewis, 104 Pa. 465 (1884); and Green & Co. v. Thompson, 172 Pa. 609 , 33 Atl. 702 (1896), has been effectively disposed of by section 404 of the Mechanics’ Lien Law of 1963, which provides: “The giving of credit. . . shall not operate to waive the right to file a claim . . .” Act of August 24, 1963, P. L. 1175, sec. 404, 49 P. S. §1404. | 1 | 1977–1977 |
Hommel v. Lewis
green
1 sentence1977Co. v. Morgan, 217 Pa. 367 , 266 Atl. 566 (1907); Presbyterian Church v. Allison, 10 Pa. 413 (1849); Barclay v. Wainwright, 86 Pa. 191 (1878); Hommel v. Lewis, 104 Pa. 465 (1884); and Green & Co. v. Thompson, 172 Pa. 609 , 33 Atl. 702 (1896), has been effectively disposed of by section 404 of the Mechanics’ Lien Law of 1963, which provides: “The giving of credit. . . shall not operate to waive the right to file a claim . . .” Act of August 24, 1963, P. L. 1175, sec. 404, 49 P. S. §1404. | 1 | 1977–1977 |
N. Green & Co. v. Thompson
neutral
2 sentences1977Co. v. Morgan, 217 Pa. 367 , 266 Atl. 566 (1907); Presbyterian Church v. Allison, 10 Pa. 413 (1849); Barclay v. Wainwright, 86 Pa. 191 (1878); Hommel v. Lewis, 104 Pa. 465 (1884); and Green & Co. v. Thompson, 172 Pa. 609 , 33 Atl. 702 (1896), has been effectively disposed of by section 404 of the Mechanics’ Lien Law of 1963, which provides: “The giving of credit. . . shall not operate to waive the right to file a claim . . .” Act of August 24, 1963, P. L. 1175, sec. 404, 49 P. S. §1404. 1977Co. v. Morgan, 217 Pa. 367 , 266 Atl. 566 (1907); Presbyterian Church v. Allison, 10 Pa. 413 (1849); Barclay v. Wainwright, 86 Pa. 191 (1878); Hommel v. Lewis, 104 Pa. 465 (1884); and Green & Co. v. Thompson, 172 Pa. 609 , 33 Atl. 702 (1896), has been effectively disposed of by section 404 of the Mechanics’ Lien Law of 1963, which provides: “The giving of credit. . . shall not operate to waive the right to file a claim . . .” Act of August 24, 1963, P. L. 1175, sec. 404, 49 P. S. §1404. | 1 | 1977–1977 |
Scott Manufacturing Co. v. Morgan
neutral
1 sentence1977Co. v. Morgan, 217 Pa. 367 , 266 Atl. 566 (1907); Presbyterian Church v. Allison, 10 Pa. 413 (1849); Barclay v. Wainwright, 86 Pa. 191 (1878); Hommel v. Lewis, 104 Pa. 465 (1884); and Green & Co. v. Thompson, 172 Pa. 609 , 33 Atl. 702 (1896), has been effectively disposed of by section 404 of the Mechanics’ Lien Law of 1963, which provides: “The giving of credit. . . shall not operate to waive the right to file a claim . . .” Act of August 24, 1963, P. L. 1175, sec. 404, 49 P. S. §1404. | 1 | 1977–1977 |
Carocci v. Piccone Et Ux.
green
2 sentences1962Carocci v. Piccone, 361 Pa. 93 , 63 A. 2d 65 (1949). 1962Carocci v. Piccone, 361 Pa. 93 , 63 A. 2d 65 (1949). | 1 | 1962–1962 |
Scheid v. Rapp
neutral
1 sentence1955Section 15 of the Mechanics’ Liens Act of 1901, supra, 49 PS 71, provides: “The right to file a claim may be waived by agreement between the claimant and the party with whom he contracts, or by any conduct which operates to equitably estop the claimant.” We agree with the appellant-subcontractor that in the absence of an empress covenant not to file a lien, the implied covenant not to do so must be so clearly stated that the mechanic or material man cannot fail to understand it: Scheid v. Rapp, 121 Pa. 593 , 15 A. 652 ; Nice v. Walker, 153 Pa. 123 , 25 A. 1065 ; Creswell Iron Works v. O’Brien, | 1 | 1955–1955 |
Masterson v. Masterson
neutral
1 sentence1955Section 15 of the Mechanics’ Liens Act of 1901, supra, 49 PS 71, provides: “The right to file a claim may be waived by agreement between the claimant and the party with whom he contracts, or by any conduct which operates to equitably estop the claimant.” We agree with the appellant-subcontractor that in the absence of an empress covenant not to file a lien, the implied covenant not to do so must be so clearly stated that the mechanic or material man cannot fail to understand it: Scheid v. Rapp, 121 Pa. 593 , 15 A. 652 ; Nice v. Walker, 153 Pa. 123 , 25 A. 1065 ; Creswell Iron Works v. O’Brien, | 1 | 1955–1955 |
Samuel J. Creswell Iron Works v. O'Brien
neutral
2 sentences1955Section 15 of the Mechanics’ Liens Act of 1901, supra, 49 PS 71, provides: “The right to file a claim may be waived by agreement between the claimant and the party with whom he contracts, or by any conduct which operates to equitably estop the claimant.” We agree with the appellant-subcontractor that in the absence of an empress covenant not to file a lien, the implied covenant not to do so must be so clearly stated that the mechanic or material man cannot fail to understand it: Scheid v. Rapp, 121 Pa. 593 , 15 A. 652 ; Nice v. Walker, 153 Pa. 123 , 25 A. 1065 ; Creswell Iron Works v. O’Brien, 1955Section 15 of the Mechanics’ Liens Act of 1901, supra, 49 PS 71, provides: “The right to file a claim may be waived by agreement between the claimant and the party with whom he contracts, or by any conduct which operates to equitably estop the claimant.” We agree with the appellant-subcontractor that in the absence of an empress covenant not to file a lien, the implied covenant not to do so must be so clearly stated that the mechanic or material man cannot fail to understand it: Scheid v. Rapp, 121 Pa. 593 , 15 A. 652 ; Nice v. Walker, 153 Pa. 123 , 25 A. 1065 ; Creswell Iron Works v. O’Brien, | 1 | 1955–1955 |
Nice v. Walker
neutral
2 sentences1955Section 15 of the Mechanics’ Liens Act of 1901, supra, 49 PS 71, provides: “The right to file a claim may be waived by agreement between the claimant and the party with whom he contracts, or by any conduct which operates to equitably estop the claimant.” We agree with the appellant-subcontractor that in the absence of an empress covenant not to file a lien, the implied covenant not to do so must be so clearly stated that the mechanic or material man cannot fail to understand it: Scheid v. Rapp, 121 Pa. 593 , 15 A. 652 ; Nice v. Walker, 153 Pa. 123 , 25 A. 1065 ; Creswell Iron Works v. O’Brien, 1955Section 15 of the Mechanics’ Liens Act of 1901, supra, 49 PS 71, provides: “The right to file a claim may be waived by agreement between the claimant and the party with whom he contracts, or by any conduct which operates to equitably estop the claimant.” We agree with the appellant-subcontractor that in the absence of an empress covenant not to file a lien, the implied covenant not to do so must be so clearly stated that the mechanic or material man cannot fail to understand it: Scheid v. Rapp, 121 Pa. 593 , 15 A. 652 ; Nice v. Walker, 153 Pa. 123 , 25 A. 1065 ; Creswell Iron Works v. O’Brien, | 1 | 1955–1955 |
Commonwealth Title Insurance & Trust Co. v. Ellis
green
2 sentences1955Section 15 of the Mechanics’ Liens Act of 1901, supra, 49 PS 71, provides: “The right to file a claim may be waived by agreement between the claimant and the party with whom he contracts, or by any conduct which operates to equitably estop the claimant.” We agree with the appellant-subcontractor that in the absence of an empress covenant not to file a lien, the implied covenant not to do so must be so clearly stated that the mechanic or material man cannot fail to understand it: Scheid v. Rapp, 121 Pa. 593 , 15 A. 652 ; Nice v. Walker, 153 Pa. 123 , 25 A. 1065 ; Creswell Iron Works v. O’Brien, 1955Section 15 of the Mechanics’ Liens Act of 1901, supra, 49 PS 71, provides: “The right to file a claim may be waived by agreement between the claimant and the party with whom he contracts, or by any conduct which operates to equitably estop the claimant.” We agree with the appellant-subcontractor that in the absence of an empress covenant not to file a lien, the implied covenant not to do so must be so clearly stated that the mechanic or material man cannot fail to understand it: Scheid v. Rapp, 121 Pa. 593 , 15 A. 652 ; Nice v. Walker, 153 Pa. 123 , 25 A. 1065 ; Creswell Iron Works v. O’Brien, | 1 | 1955–1955 |
Glassport Lumber Co. v. Wolf
neutral
2 sentences1955Section 15 of the Mechanics’ Liens Act of 1901, supra, 49 PS 71, provides: “The right to file a claim may be waived by agreement between the claimant and the party with whom he contracts, or by any conduct which operates to equitably estop the claimant.” We agree with the appellant-subcontractor that in the absence of an empress covenant not to file a lien, the implied covenant not to do so must be so clearly stated that the mechanic or material man cannot fail to understand it: Scheid v. Rapp, 121 Pa. 593 , 15 A. 652 ; Nice v. Walker, 153 Pa. 123 , 25 A. 1065 ; Creswell Iron Works v. O’Brien, 1955Section 15 of the Mechanics’ Liens Act of 1901, supra, 49 PS 71, provides: “The right to file a claim may be waived by agreement between the claimant and the party with whom he contracts, or by any conduct which operates to equitably estop the claimant.” We agree with the appellant-subcontractor that in the absence of an empress covenant not to file a lien, the implied covenant not to do so must be so clearly stated that the mechanic or material man cannot fail to understand it: Scheid v. Rapp, 121 Pa. 593 , 15 A. 652 ; Nice v. Walker, 153 Pa. 123 , 25 A. 1065 ; Creswell Iron Works v. O’Brien, | 1 | 1955–1955 |
Schwartz v. Whelan
green
2 sentences1955Section 15 of the Mechanics’ Liens Act of 1901, supra, 49 PS 71, provides: “The right to file a claim may be waived by agreement between the claimant and the party with whom he contracts, or by any conduct which operates to equitably estop the claimant.” We agree with the appellant-subcontractor that in the absence of an empress covenant not to file a lien, the implied covenant not to do so must be so clearly stated that the mechanic or material man cannot fail to understand it: Scheid v. Rapp, 121 Pa. 593 , 15 A. 652 ; Nice v. Walker, 153 Pa. 123 , 25 A. 1065 ; Creswell Iron Works v. O’Brien, 1955Section 15 of the Mechanics’ Liens Act of 1901, supra, 49 PS 71, provides: “The right to file a claim may be waived by agreement between the claimant and the party with whom he contracts, or by any conduct which operates to equitably estop the claimant.” We agree with the appellant-subcontractor that in the absence of an empress covenant not to file a lien, the implied covenant not to do so must be so clearly stated that the mechanic or material man cannot fail to understand it: Scheid v. Rapp, 121 Pa. 593 , 15 A. 652 ; Nice v. Walker, 153 Pa. 123 , 25 A. 1065 ; Creswell Iron Works v. O’Brien, | 1 | 1955–1955 |
American Car & Foundry Co. v. Alexandria Water Co.
green
1 sentence1929This general language is . only limited by section 15 (P. L. 438) which, as amended by the Act of April 24, 1903, P. L. 297, says that “The giving of credit or the receiving of collateral security shall not operate to waive the right to file a claim, but shall delay voluntary proceedings thereon [that is on the claim, not on the right to file it] by the claimant until the time of credit has expired.” In the instant case, the requirement as to the taking of notes payable in 90 days, is but the giving of credit for that time (which has long since expired) and, as the statute says, has no other e | 1 | 1929–1929 |
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.