properly rule (Pennsylvania) · Go Syfert
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properly rule in Pennsylvania

7 Pennsylvania opinions name it 3 courts 1944–2024 1 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 (5)

CaseFollowedCited
Salay v. Braungreen
pa · 1967 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
2 sentences

2024Id. at 372 . 10 While not specifically discussed by the trial court, our courts have held that service of an individual at his or her office or usual place of business is only appropriate when the person to be served has “more proprietary responsibility and control over the business than that possessed by the average employee.” Martin v. Gerner, 481 A.2d 903, 908 (Pa.Super. 1984). - 19 - J-S47039-23 Based on our review of the record, additional venue-related discovery was required on this issue of disputed fact to allow the trial court to properly rule on Appellees’ preliminary objections as t

2024Id. at 372. 10 While not specifically discussed by the trial court, our courts have held that service of an individual at his or her office or usual place of business is only appropriate when the person to be served has “more proprietary responsibility and control over the business than that possessed by the average employee.” Martin v. Gerner, 481 A.2d 903 , 908 (Pa.Super. 1984). - 19 - J-S47039-23 Based on our review of the record, additional venue-related discovery was required on this issue of disputed fact to allow the trial court to properly rule on Appellees’ preliminary objections as t

11
Martin v. Gernergreen
pa · 1984 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
2 sentences

2024Id. at 372 . 10 While not specifically discussed by the trial court, our courts have held that service of an individual at his or her office or usual place of business is only appropriate when the person to be served has “more proprietary responsibility and control over the business than that possessed by the average employee.” Martin v. Gerner, 481 A.2d 903, 908 (Pa.Super. 1984). - 19 - J-S47039-23 Based on our review of the record, additional venue-related discovery was required on this issue of disputed fact to allow the trial court to properly rule on Appellees’ preliminary objections as t

2024Id. at 372. 10 While not specifically discussed by the trial court, our courts have held that service of an individual at his or her office or usual place of business is only appropriate when the person to be served has “more proprietary responsibility and control over the business than that possessed by the average employee.” Martin v. Gerner, 481 A.2d 903 , 908 (Pa.Super. 1984). - 19 - J-S47039-23 Based on our review of the record, additional venue-related discovery was required on this issue of disputed fact to allow the trial court to properly rule on Appellees’ preliminary objections as t

11
Hamre v. Resnickgreen
pa · 1984 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
2 sentences

2024As this Court explained in Hamre v. Resnick, 337 Pa.Super. 119 , 486 A.2d 510 (1984), a trial court may appropriately resolve preliminary objections to venue (or jurisdiction) without discovery in cases where “no factual issues were raised which necessitated the reception of evidence.” Id. at 511.

2024As this Court explained in Hamre v. Resnick, 337 Pa.Super. 119 , 486 A.2d 510 (1984), a trial court may appropriately resolve preliminary objections to venue (or jurisdiction) without discovery in cases where “no factual issues were raised which necessitated the reception of evidence.” Id. at 511.

11
Sutliff v. Sutliffgreen
pa · 1988 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
2 sentences

2011Sutliff v. Sutliff, 518 Pa. 378, 385-7 , 543 A.2d 534, 538 (1988); Mackalica v. Mackalica, 716 A.2d 653, 655-6 (Pa.Super.1998).

2011Sutliff v. Sutliff, 518 Pa. 378, 385-7 , 543 A.2d 534, 538 (1988); Mackalica v. Mackalica, 716 A.2d 653, 655-6 (Pa.Super.1998).

11
MacKalica v. MacKalicagreen
pasuperct · 1998 · cited in 1 Pennsylvania opinions naming this issue, 2011–2011
1 sentence

2011Sutliff v. Sutliff, 518 Pa. 378, 385-7 , 543 A.2d 534, 538 (1988); Mackalica v. Mackalica, 716 A.2d 653, 655-6 (Pa.Super.1998).

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 (5)

CaseCitedYears
Rosenberg v. Holy Redeemer Hospital green
pa · 1986
1 sentence

2019Citing Rule 1701, the Rosenberg Court held the trial court properly could rule on the appellant’s petition to hold appellee in contempt because the court was “clearing up matters ancillary to the appeal.” Id. at 414 .

12019–2019
Englert v. Fazio Mechanical Services, Inc. green
pasuperct · 2007
1 sentence

2018Englert, supra. In so doing, the court looked to the evidentiary record, in accordance with Faranashi, and determined that Appellants failed to act reasonably.

12018–2018
County of Schuylkill v. Maurer green
pacommwct · 1988
1 sentence

1995Id. .The real properly exception and the sidewalk exception to immunity are found at 42 Pa.C.S. § 8542(b)(3) and (7), which provide: (b) Acts which may impose liability. — The following acts by a local agency or any of its employees may result in the imposition of liability on a local agency: [[Image here]] (3) Real property. — The care custody or control of real property in the possession of the local agency.... [[Image here]] (7) Sidewalks. — A dangerous condition of sidewalks within the rights-of-way of streets owned by the local agency.... .

11995–1995
Commonwealth v. McKinley-Gregg Automobile Co. green
pa · 1942
1 sentence

1962Company, 345 Pa. 544 , additionally relied upon by appellants, also involved receipts from sales which formed the very business in which the taxpayer was engaged, and the Court properly applied the rule that the lack of profit did not govern taxability.

11962–1962
Garrett v. Jackson green
pa · 1853
1 sentence

1944To these findings of fact the court properly applied the principle of law enunciated by Chief Justice Black in Garret v. Jackson, 20 Pa. 331 , as follows: “But where one uses an easement whenever he sees fit, without asking leave, and without objection, it is adverse, and an uninterrupted adverse enjoyment for twenty-two years is a title which cannot be afterwards disputed.

11944–1944

Where else courts name it

NY 41 (1898–2025) CT 13 (1983–2018) CA 12 (1958–2025) PA 7 (1944–2024) OH 6 (1992–2018) TX 5 (1979–2013) AZ 4 (1959–2023) FL 4 (1940–2013) IL 4 (1988–2024) GA 3 (1930–2025) TN 3 (1982–2012) MA 3 (1906–1943) MS 3 (1999–2001) NC 3 (1880–2000) CO 3 (2003–2025) MD 2 (2022–2022) MI 2 (1975–2020) VT 2 (2015–2023) KS 2 (1911–1934) OK 2 (1933–1964)

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.

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