saving clause (Puerto Rico) · Go Syfert
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saving clause in Puerto Rico

7 Puerto Rico opinions name it 1 courts 1926–1987 0 in the last five years

The cases below were cited by Puerto Rico 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
Puerto Rico v. Shell Co. (PR), Ltd.green
scotus · 1937 · cited in 1 Puerto Rico opinions naming this issue, 1966–1966
2 sentences

1966The Congress deemed it unnecessary to provide a saving clause for state legislation on a subject not included in the Federal Act.” The established rule keeps a sound analogy with the good judicial policy of the Supreme Court of the United States and the Supreme Court of Puerto Rico, in the sense that even though the federal legislation “covers the same field” as the Puerto Rican legislation, the coexistence of both statutes is possible: Puerto Rico v. Shell Co., 302 U.S. 253, 261-264 , 82 L.Ed. 235, 242-244 (Sutherland) (1937), in the absence of an express prohibition from Congress in the Fede

1966The Congress deemed it unnecessary to provide a saving clause for state legislation on a subject not included in the Federal Act.” The established rule keeps a sound analogy with the good judicial policy of the Supreme Court of the United States and the Supreme Court of Puerto Rico, in the sense that even though the federal legislation “covers the same field” as the Puerto Rican legislation, the coexistence of both statutes is possible: Puerto Rico v. Shell Co., 302 U.S. 253, 261-264 , 82 L.Ed. 235, 242-244 (Sutherland) (1937), in the absence of an express prohibition from Congress in the Fede

11
United States v. Tynengreen
· 1871 · cited in 1 Puerto Rico opinions naming this issue, 1926–1926
1 sentence

1926Prom the opinion we quote the following paragraph: “Mr. Sutherland, in his Statutory Construction (section 166), states that the effect of the repeal of a penal Statute is to prevent any prosecution, trial, or judgment for any offense committed against it while it was in force, unless there is a saving clause in the repealing act, and that if a penal statute is repealed pending an appeal, and before the final action of the appellate court, it will prevent an affirmance of a conviction, and the prosecution mu'st be dismissed or the judgment reversed.” From the syllabus of the case of United Sta

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Puerto Rico. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Red Cross Line v. Atlantic Fruit Co. green
scotus · 1924
1 sentence

1987The suit in this case being one in equity to enforce a common-law remedy, the state courts were correct in assuming jurisdiction.’ ” (Énfasis suplido.) 1 Benedict on Admiralty, supra, págs. 8-7 a 8-8, cita a Red Crossline v. Atlantic Fruit, 264 U.S. 109 (1924), a los fines de que: “ ... the right of a common-law remedy includes: ‘all means other than proceedings in admiralty which may be employed to enforce the right to redress the injury involved.

11987–1987
Kermarec v. Compagnie Generale Transatlantique green
scotus · 1959
1 sentence

1987Under the circumstances here presented, without regard to the court where he might ask relief, petitioner’s rights were those recognized by the law of the sea. (Énfasis suplido.) Véanse, también: Seas Shipping Co., Inc. v. Sieracki, 328 U.S. 85, 88-89 , esc. 5 y texto que le acompaña (1945); Kermarec v. Compagnie General, 358 U.S. 625 (1959); Pope & Talbot, Inc. v. Hawn, 346 U.S. 406 (1953). 1 Benedict on Admiralty, supra, Sec. 122, págs. 8-5 a 8-8.

11987–1987
Seas Shipping Co. v. Sieracki red
scotus · 1946
1 sentence

1987Under the circumstances here presented, without regard to the court where he might ask relief, petitioner’s rights were those recognized by the law of the sea. (Énfasis suplido.) Véanse, también: Seas Shipping Co., Inc. v. Sieracki, 328 U.S. 85, 88-89 , esc. 5 y texto que le acompaña (1945); Kermarec v. Compagnie General, 358 U.S. 625 (1959); Pope & Talbot, Inc. v. Hawn, 346 U.S. 406 (1953). 1 Benedict on Admiralty, supra, Sec. 122, págs. 8-5 a 8-8.

11987–1987
Pope & Talbot, Inc. v. Hawn green
scotus · 1953
1 sentence

1987Under the circumstances here presented, without regard to the court where he might ask relief, petitioner’s rights were those recognized by the law of the sea. (Énfasis suplido.) Véanse, también: Seas Shipping Co., Inc. v. Sieracki, 328 U.S. 85, 88-89 , esc. 5 y texto que le acompaña (1945); Kermarec v. Compagnie General, 358 U.S. 625 (1959); Pope & Talbot, Inc. v. Hawn, 346 U.S. 406 (1953). 1 Benedict on Admiralty, supra, Sec. 122, págs. 8-5 a 8-8.

11987–1987
United States v. Reisinger green
· 1888
1 sentence

1949United States v. Reisinger, 128 U. S. 398 .” (Italics ours.) The amendatory Act of September 27, 1949 contains no provision whereby the Legislature, either expressly or by necessary implication, intimated its intent to exclude the saving clause contained in § 44 of the Political Code.

11949–1949
Smallwood v. Gallardo green
scotus · 1927
1 sentence

1946The general rule established by the federal' decisions which we have examined is that “when an act of the legislature is repealed, it must be considered, except as to transactions past and closed, as if it never existed,” and that the courts lack jurisdiction to render judgment in a suit after the repeal of the act under which it was brought and prosecuted, where the repealing statute does not contain a saving clause covering the jurisdiction over pending cases. 1 In Smallwood v. Gallardo, 275 U. S. 56 , suit was brought, in the United States District Court, for an injunction to restrain the c

11946–1946
United States v. Powers green
scotus · 1939
1 sentence

1943But Act No. 228, which superseded and took the place of Act No. 6, specifically provided, by a saving clause, that all regulations under the previous Act shall continue in effect. 1 We therefore need not determine whether, in the absence of such a saving clause, the lower court would have had jurisdiction under the circumstances herein (cf. United States v. Powers, 307 U. S. 214 ).

11943–1943
Demarse v. Bruckman green
nysupct · 1937
1 sentence

1942The rights of the parties thereto are preserved; the case will be decided in accordance with the old law; the proceedings which have already occurred are not affected, and the form of action also will remain Unchanged, but the further procedure, so far as possible, must be in conformity with that prescribed by the new law.” In Demarse v. Bruckman, 298 N.Y.S. 736 , there was construed a saving clause which, read as follows: “ ‘Unless otherwise specially provided by law, all actions and proceedings, civil or criminal, commenced under or by virtue of any provision of a statute so repealed, and pe

11942–1942

Where else courts name it

CA 241 (1854–2025) IL 120 (1876–2023) NY 79 (1867–2024) TX 64 (1910–2025) WA 35 (1874–2025) MI 35 (1848–2022) PA 34 (1837–2021) IN 33 (1845–2017) LA 33 (1913–2001) OH 31 (1840–2025) CT 30 (1925–2026) MA 29 (1872–2015) FL 28 (1917–2021) MO 24 (1875–2020) AL 24 (1845–1998) KS 24 (1885–2010) MD 23 (1904–2026) OR 21 (1908–2021) MS 19 (1879–2018) NM 19 (1918–2021) OK 19 (1910–2003) MN 18 (1891–2001) NJ 18 (1942–2024) GA 17 (1908–2024) AZ 14 (1927–2020) NE 13 (1880–2015) TN 13 (1939–2017) IA 13 (1850–2021) NC 13 (1894–2014) AR 12 (1886–2006) KY 12 (1910–2014) CO 12 (1881–2010) WV 11 (1895–2016) ND 10 (1893–2011) SC 8 (1925–2015) MT 8 (1898–2002) RI 7 (1892–1999) PR 7 (1926–1987) NH 7 (1939–2021) HI 6 (1913–2014) SD 6 (1938–2011) ME 6 (1833–1979) VA 6 (1928–2023) VT 5 (1905–2011) DE 5 (1928–1963) WI 5 (1886–2018) WY 4 (1895–1991) DC 3 (1949–1996) UT 3 (1937–2026) VI 2 (2015–2026)

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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