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7 Pennsylvania opinions name it 2 courts 1941–2009 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 |
|---|---|---|
Goodyear v. Browngreen2 sentences1981As pointed out in Goodyear v. Brown, 155 Pa. 514, 518 [ 26 A. 665, 666 , 20 L.R.A. 838 , 35 Am.St.Rep. 903 ]: ‘ * * * it does not follow that everything may be done by a public officer that is not forbidden in advance by some act of assembly.’ ” 343 Pa. at 361-62 , 22 A.2d at 689 (emphasis supplied). 1981As pointed out in Goodyear v. Brown, 155 Pa. 514, 518 [ 26 A. 665, 666 , 20 L.R.A. 838 , 35 Am.St.Rep. 903 ]: ‘ * * * it does not follow that everything may be done by a public officer that is not forbidden in advance by some act of assembly.’ ” 343 Pa. at 361-62 , 22 A.2d at 689 (emphasis supplied). | 2 | 5 |
Commonwealth Ex Rel. McCreary v. Majorgreen2 sentences2009Of course, the General Assembly “has the inherent power to declare the public policy of the Commonwealth,” and therefore may “overthrow [even] such a wholesome and salutary rule of the common law as that precluding a public servant from simultaneously representing both himself and his constituents.” CEPA, 432 A.2d at 177 (quoting McCreary, 22 A.2d at 689 (quoting Reckner, 19 A.2d at 403 )). 2009Of course, the General Assembly "has the inherent power to declare the public policy of the Commonwealth," and therefore may "overthrow [even] such a wholesome and salutary rule of the common law as that precluding a public servant from simultaneously representing both himself and his constituents." CEPA, 432 A.2d at 177 (quoting McCreary, 22 A.2d at 689 (quoting Reckner, 19 A.2d at 403 )). | 2 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Reckner v. German Township School District
green
2 sentences2009Of course, the General Assembly “has the inherent power to declare the public policy of the Commonwealth,” and therefore may “overthrow [even] such a wholesome and salutary rule of the common law as that precluding a public servant from simultaneously representing both himself and his constituents.” CEPA, 432 A.2d at 177 (quoting McCreary, 22 A.2d at 689 (quoting Reckner, 19 A.2d at 403 )). 2009Of course, the General Assembly "has the inherent power to declare the public policy of the Commonwealth," and therefore may "overthrow [even] such a wholesome and salutary rule of the common law as that precluding a public servant from simultaneously representing both himself and his constituents." CEPA, 432 A.2d at 177 (quoting McCreary, 22 A.2d at 689 (quoting Reckner, 19 A.2d at 403 )). | 5 | 1971–2009 |
CONSUMERS ED. & PROT. ASS'N v. Schwartz
green
2 sentences2009Of course, the General Assembly “has the inherent power to declare the public policy of the Commonwealth,” and therefore may “overthrow [even] such a wholesome and salutary rule of the common law as that precluding a public servant from simultaneously representing both himself and his constituents.” CEPA, 432 A.2d at 177 (quoting McCreary, 22 A.2d at 689 (quoting Reckner, 19 A.2d at 403 )). 2009Of course, the General Assembly "has the inherent power to declare the public policy of the Commonwealth," and therefore may "overthrow [even] such a wholesome and salutary rule of the common law as that precluding a public servant from simultaneously representing both himself and his constituents." CEPA, 432 A.2d at 177 (quoting McCreary, 22 A.2d at 689 (quoting Reckner, 19 A.2d at 403 )). | 1 | 2009–2009 |
Brock's Assigned Estate (No. 3)
green
1 sentence1971“It necessitates an explicit direction on the part of the legislature to overthrow such a wholesome and salutary rule of the common law as that precluding a public servant from simultaneously representing both himself and his constituents”: Reckner et al. v. Germantown Township School District, 341 Pa. 375 (1941). “ ‘A purpose to disregard sound public policy must not be attributed to the law-making power, except upon the most cogent evidence’ ”: Brock’s Assigned Estate (No. 3), 312 Pa. 92 (1933). | 1 | 1971–1971 |
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.