reverse rule (Pennsylvania) · Go Syfert
← Pennsylvania issues

reverse rule in Pennsylvania

7 Pennsylvania opinions name it 3 courts 1829–1975 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.

Followed or applied (2)

CaseFollowedCited
Hardy Rosenthall v. C. Murray Henderson, Wardengreen
ca6 · 1968 · cited in 1 Pennsylvania opinions naming this issue, 1975–1975
1 sentence

1975As the Circuit Court stated in Rosenthall v. Henderson, 389 F. 2d 514, 516 (6th Cir. 1968): "To advise a person with experience or training in this field that he has the right to refuse consent would be a waste of words." See also Schneckloth v. Bustamonte, 412 U.S. at 230, n. 12 . [1] Indeed, the only factor which tended to indicate *160 an involuntary consent was the attendant custodial element. [2] In the face of the overwhelming evidence indicating a voluntary consent, it would be gross error for this court to reverse the hearing court's denial of appellant's motion to suppress.

11
Schneckloth v. Bustamontegreen
scotus · 1973 · cited in 1 Pennsylvania opinions naming this issue, 1975–1975
2 sentences

1975As the Circuit Court stated in Rosenthall v. Henderson, 389 P. 2d 514 , 516 (6th Cir. 1968) : “To advise a person with experience or training in this field that he has the right to refuse consent would be a waste of words.” See also Schneckloth v. Bustamonte, 412 U.S. at 230, n. 12 . 1 Indeed, the only factor which tended to in dicate an involuntary consent was the attendant custodial element. 2 In the face of the overwhelming evidence indicating a voluntary consent, it would be gross error for this court to reverse the hearing court’s denial of appellant’s motion to suppress.

1975As the Circuit Court stated in Rosenthall v. Henderson, 389 F. 2d 514, 516 (6th Cir. 1968): "To advise a person with experience or training in this field that he has the right to refuse consent would be a waste of words." See also Schneckloth v. Bustamonte, 412 U.S. at 230, n. 12 . [1] Indeed, the only factor which tended to indicate *160 an involuntary consent was the attendant custodial element. [2] In the face of the overwhelming evidence indicating a voluntary consent, it would be gross error for this court to reverse the hearing court's denial of appellant's motion to suppress.

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 (13)

CaseCitedYears
Jones v. American Caramel Co. green
pa · 1909
2 sentences

1954Under such circumstances, although the plaintiff might be guilty of an assumption of risk (which defense was not available in the present case: Jones v. American Caramel Co., 225 Pa. 644, 652 ), yet, simply because he worked at machinery in motion, he would not be guilty of per se negligence.’ ” Did the defendants acquit themselves of their responsibility as owners and managers of a building which housed under its roof 300 people and an erratic mechanism as intrinsically dangerous as an uncaged beast of violence?

1919Under such circumstances, although the plaintiff might be guilty of an assumption of risk (which defense was not available in the present case: Jones v. American Caramel Co., 225 Pa. 644, 652 ), yet, simply because he worked at machinery in motion, he would not be guilty of per se negligence.” And again: “It may well be that while the plaintiff was intent upon doing his work in the customary manner prevailing in his employer’s shop, and, therefore, in a way which he had reason to believe his superiors approved and considered reasonably safe, his hand unexpectedly and accidentally slipped becau

31914–1954
Kirby v. Shaw neutral
pa · 1852
1 sentence

1947Although taxation is an attribute of sovereignty, and in the absence of constitutional restriction, there is no limit to the power of the sovereign to exempt as it pleases (Clouser et al. v. City of Reading et al., 270 Pa. 92 ; Kirby v. Shaw, 19 Pa. 258 ; Sharpless et al. v. Mayor of Philadelphia, 21 Pa. 147 ; Washington Avenue, 69 Pa. 352 ; Weister et al. v. Hade et al., 52 Pa. 474 ), when the Constitution itself defines the limits within which exemption may be granted, the reverse rule applies with equal force, and the legislature cannot exceed the limits placed on it by that instrument: Chr

11947–1947
Weister v. Hade green
pa · 1866
1 sentence

1947Although taxation is an attribute of sovereignty, and in the absence of constitutional restriction, there is no limit to the power of the sovereign to exempt as it pleases (Clouser et al. v. City of Reading et al., 270 Pa. 92 ; Kirby v. Shaw, 19 Pa. 258 ; Sharpless et al. v. Mayor of Philadelphia, 21 Pa. 147 ; Washington Avenue, 69 Pa. 352 ; Weister et al. v. Hade et al., 52 Pa. 474 ), when the Constitution itself defines the limits within which exemption may be granted, the reverse rule applies with equal force, and the legislature cannot exceed the limits placed on it by that instrument: Chr

11947–1947
Washington Avenue green
pa · 1871
1 sentence

1947Although taxation is an attribute of sovereignty, and in the absence of constitutional restriction, there is no limit to the power of the sovereign to exempt as it pleases (Clouser et al. v. City of Reading et al., 270 Pa. 92 ; Kirby v. Shaw, 19 Pa. 258 ; Sharpless et al. v. Mayor of Philadelphia, 21 Pa. 147 ; Washington Avenue, 69 Pa. 352 ; Weister et al. v. Hade et al., 52 Pa. 474 ), when the Constitution itself defines the limits within which exemption may be granted, the reverse rule applies with equal force, and the legislature cannot exceed the limits placed on it by that instrument: Chr

11947–1947
Wagner Free Institute v. Philadelphia neutral
pa · 1890
1 sentence

1947Although taxation is an attribute of sovereignty, and in the absence of constitutional restriction, there is no limit to the power of the sovereign to exempt as it pleases (Clouser et al. v. City of Reading et al., 270 Pa. 92 ; Kirby v. Shaw, 19 Pa. 258 ; Sharpless et al. v. Mayor of Philadelphia, 21 Pa. 147 ; Washington Avenue, 69 Pa. 352 ; Weister et al. v. Hade et al., 52 Pa. 474 ), when the Constitution itself defines the limits within which exemption may be granted, the reverse rule applies with equal force, and the legislature cannot exceed the limits placed on it by that instrument: Chr

11947–1947
Philadelphia v. Barber green
pa · 1894
1 sentence

1947Although taxation is an attribute of sovereignty, and in the absence of constitutional restriction, there is no limit to the power of the sovereign to exempt as it pleases (Clouser et al. v. City of Reading et al., 270 Pa. 92 ; Kirby v. Shaw, 19 Pa. 258 ; Sharpless et al. v. Mayor of Philadelphia, 21 Pa. 147 ; Washington Avenue, 69 Pa. 352 ; Weister et al. v. Hade et al., 52 Pa. 474 ), when the Constitution itself defines the limits within which exemption may be granted, the reverse rule applies with equal force, and the legislature cannot exceed the limits placed on it by that instrument: Chr

11947–1947
Clouser v. Reading City green
pa · 1921
1 sentence

1947Although taxation is an attribute of sovereignty, and in the absence of constitutional restriction, there is no limit to the power of the sovereign to exempt as it pleases (Clouser et al. v. City of Reading et al., 270 Pa. 92 ; Kirby v. Shaw, 19 Pa. 258 ; Sharpless et al. v. Mayor of Philadelphia, 21 Pa. 147 ; Washington Avenue, 69 Pa. 352 ; Weister et al. v. Hade et al., 52 Pa. 474 ), when the Constitution itself defines the limits within which exemption may be granted, the reverse rule applies with equal force, and the legislature cannot exceed the limits placed on it by that instrument: Chr

11947–1947
Sharpless v. Mayor of Philadelphia green
pa · 1853
1 sentence

1947Although taxation is an attribute of sovereignty, and in the absence of constitutional restriction, there is no limit to the power of the sovereign to exempt as it pleases (Clouser et al. v. City of Reading et al., 270 Pa. 92 ; Kirby v. Shaw, 19 Pa. 258 ; Sharpless et al. v. Mayor of Philadelphia, 21 Pa. 147 ; Washington Avenue, 69 Pa. 352 ; Weister et al. v. Hade et al., 52 Pa. 474 ), when the Constitution itself defines the limits within which exemption may be granted, the reverse rule applies with equal force, and the legislature cannot exceed the limits placed on it by that instrument: Chr

11947–1947
Christley v. Butler County neutral
pasuperct · 1908
1 sentence

1947Although taxation is an attribute of sovereignty, and in the absence of constitutional restriction, there is no limit to the power of the sovereign to exempt as it pleases (Clouser et al. v. City of Reading et al., 270 Pa. 92 ; Kirby v. Shaw, 19 Pa. 258 ; Sharpless et al. v. Mayor of Philadelphia, 21 Pa. 147 ; Washington Avenue, 69 Pa. 352 ; Weister et al. v. Hade et al., 52 Pa. 474 ), when the Constitution itself defines the limits within which exemption may be granted, the reverse rule applies with equal force, and the legislature cannot exceed the limits placed on it by that instrument: Chr

11947–1947
Millican v. Millican green
tex · 1859
1 sentence

1896It is clear that this rule was never applied* neither unqualified or qualified, to a deed of gift from a parent to a child; and the reverse of such principle has always been sustained, and there is not believed to be a single exception to the principle that a deed from a parent to a child is always regarded' with a favorable eye and every presumption is in favor of its validity.” Notable cases of a similar character are Millican v. Millican, 24 Tex. 426 ; Oliphant v. Levorsidge, 142 Ill. 160 ; Burt v. Quisenherry, 132 Ill. 399 ; Beauland v. Bradley, 2 Small & Gifford, 339, and there are many o

11896–1896
Wessell v. . Rathjohn neutral
nc · 1883
1 sentence

1896In Wessell v. Rathjohn, 89 N. C. 377 , a father having two daughters executed a deed to one of them, conveying his real property to her without any adequate consideration, at a time when he was in bad health.

11896–1896
Oliphant v. Liversidge green
ill · 1892
1 sentence

1896It is clear that this rule was never applied* neither unqualified or qualified, to a deed of gift from a parent to a child; and the reverse of such principle has always been sustained, and there is not believed to be a single exception to the principle that a deed from a parent to a child is always regarded' with a favorable eye and every presumption is in favor of its validity.” Notable cases of a similar character are Millican v. Millican, 24 Tex. 426 ; Oliphant v. Levorsidge, 142 Ill. 160 ; Burt v. Quisenherry, 132 Ill. 399 ; Beauland v. Bradley, 2 Small & Gifford, 339, and there are many o

11896–1896
Riddle v. Murphy neutral
pa · 1821
1 sentence

1829Riddle v. Murphy, 7 Serg. & Rawle, 230 . .

11829–1829

Where else courts name it

MD 14 (1974–2026) WI 11 (1959–2026) IL 8 (1890–2026) PA 7 (1829–1975) TX 7 (1880–2025) CA 7 (1904–2022) NY 6 (1894–2013) AL 6 (1838–1987) FL 5 (1989–1996) IA 4 (2011–2023) LA 4 (1925–2004) NC 3 (1970–1987) MS 3 (1845–2006) AR 2 (1856–1924) IN 2 (1898–1914) OR 2 (1970–2002) UT 2 (2018–2018) ID 2 (2016–2016) KY 2 (1941–1963) WA 2 (1892–1934) WV 2 (1885–1887) SC 2 (1958–2010)

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