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7 Pennsylvania opinions name it 3 courts 1975–2007 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 |
|---|---|---|
Commonwealth v. Cartergreen2 sentences2005That issue was so well-settled that in Commonwealth v. Carter, 36 Pa.Cmwlth. 569 , 377 A.2d 831, 832 (Pa.Cmwlth.1977), we stated: It has long been settled in this Commonwealth that an action instituted for violation of a municipal ordinance is a civil proceeding. 2005That issue was so well-settled that in Commonwealth v. Carter, 36 Pa.Cmwlth. 569 , 377 A.2d 831, 832 (Pa.Cmwlth.1977), we stated: It has long been settled in this Commonwealth that an action instituted for violation of a municipal ordinance is a civil proceeding. | 2 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Ashenfelder
green
2 sentences1975In Commonwealth v. Ashenfelder, 413 Pa. 517 , 198 A. 2d 514 (1964), the court indicated that the inquiry is whether it is fundamentally an action instituted for the violation of a municipal ordinance; facts such as the action’s institution by the issuance of a warrant, or that the penalty is termed a “fine” (with imprisonment upon default), do not alter its civil nature. 1975In Commonwealth v. Ashenfelder, 413 Pa. 517 , 198 A. 2d 514 (1964), the court indicated that the inquiry is whether it is fundamentally an action instituted for the violation of a municipal ordinance; facts such as the action’s institution by the issuance of a warrant, or that the penalty is termed a “fine” (with imprisonment upon default), do not alter its civil nature. | 6 | 1975–2005 |
York v. Baynes
green
2 sentences2005Commonwealth v. Ashenfelder, 413 Pa. 517 , 198 A.2d 514 (1964); York v. Baynes, 188 Pa.Super. 581 , 149 A.2d 681 (1959). 2005Commonwealth v. Ashenfelder, 413 Pa. 517 , 198 A.2d 514 (1964); York v. Baynes, 188 Pa.Super. 581 , 149 A.2d 681 (1959). | 3 | 1977–2005 |
Commonwealth v. Whiteford
green
2 sentences2007In support of this argument, Steen cites Commonwealth v. Whiteford, 884 A.2d 364 (Pa.Cmwlth.2005), wherein this Court explained that if an ordinance provides for imprisonment upon failure to pay a fine or penalty, an action instituted for violation of the ordinance is a “criminal proceeding.” Id. at 366-367 . 21 The City responds that Steen waived this issue because it never raised it earlier in the litigation, including in its appeal to this Court of the trial court’s May 4, 2004, order. 2007In support of this argument, Steen cites Commonwealth v. Whiteford, 884 A.2d 364 (Pa.Cmwlth.2005), wherein this Court explained that if an ordinance provides for imprisonment upon failure to pay a fine or penalty, an action instituted for violation of the ordinance is a “criminal proceeding.” Id. at 366-367 . 21 The City responds that Steen waived this issue because it never raised it earlier in the litigation, including in its appeal to this Court of the trial court’s May 4, 2004, order. | 1 | 2007–2007 |