priority principle (Pennsylvania) · Go Syfert
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priority principle in Pennsylvania

6 Pennsylvania opinions name it 3 courts 1899–2022 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 (2)

CaseFollowedCited
Pennsylvania National Bank & Trust Co. v. CCNB Bank, N.A.green
pasuperct · 1995 · cited in 1 Pennsylvania opinions naming this issue, 2004–2004
2 sentences

2004See Pennsylvania Nat'l Bank & Trust, 446 Pa.Super. at 631 , 667 A.2d at 1154 .

2004See Pennsylvania Nat'l Bank & Trust, 446 Pa.Super. at 631 , 667 A.2d at 1154 .

11
Buck v. Colbathgreen
scotus · 1866 · cited in 1 Pennsylvania opinions naming this issue, 1981–1981
2 sentences

1981See Buck v. Colbath, supra, [ 3 Wall. 344 ] 342 [ 70 U.S. 334, 342 , 18 L.Ed. 257 ]; Kline v. Burke Construction Co., 260 U.S. 226 [ 43 S.Ct. 79 , 67 L.Ed. 226 ] and cases cited at pages 230-231 [ 43 S.Ct. at 81 ].

1981See Buck v. Colbath, supra, [ 3 Wall. 344 ] 342 [ 70 U.S. 334, 342 , 18 L.Ed. 257 ]; Kline v. Burke Construction Co., 260 U.S. 226 [ 43 S.Ct. 79 , 67 L.Ed. 226 ] and cases cited at pages 230-231 [ 43 S.Ct. at 81 ].

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 (7)

CaseCitedYears
Commonwealth v. Reese green
pasuperct · 2017
1 sentence

2022Reese, 156 A.3d at 1258 .

12022–2022
Kline v. Burke Construction Co. green
scotus · 1922
2 sentences

1981See Buck v. Colbath, supra, [ 3 Wall. 344 ] 342 [ 70 U.S. 334, 342 , 18 L.Ed. 257 ]; Kline v. Burke Construction Co., 260 U.S. 226 [ 43 S.Ct. 79 , 67 L.Ed. 226 ] and cases cited at pages 230-231 [ 43 S.Ct. at 81 ].

1981See Buck v. Colbath, supra, [ 3 Wall. 344 ] 342 [ 70 U.S. 334, 342 , 18 L.Ed. 257 ]; Kline v. Burke Construction Co., 260 U.S. 226 [ 43 S.Ct. 79 , 67 L.Ed. 226 ] and cases cited at pages 230-231 [ 43 S.Ct. at 81 ].

11981–1981
Coyle v. Port Authority Transit Corp. neutral
pa · 1970
2 sentences

1981Transit Corp. et al., 438 Pa. 99 , 263 A.2d 739 (1970) where “comity” between states, rather than the priority principle, controlled the decision, underlying the decision of the court below (from which the appeal was taken) was an order of the New Jersey Superior Court at variance with orders of the Common Pleas Court of Philadelphia County.

1981Transit Corp. et al., 438 Pa. 99 , 263 A.2d 739 (1970) where “comity” between states, rather than the priority principle, controlled the decision, underlying the decision of the court below (from which the appeal was taken) was an order of the New Jersey Superior Court at variance with orders of the Common Pleas Court of Philadelphia County.

11981–1981
Morris Estate neutral
pa · 1943
1 sentence

1944The legislation subsequent to the Act of 1915 is reviewed in Morris Estate, 347 Pa. 233 (1943).

11944–1944
Bell v. Throop green
pa · 1891
2 sentences

1941The facts distinguish it from Bell v. Throop, 140 Pa. 641 , 21 A. 408 , and the cases following it.

1941The facts distinguish it from Bell v. Throop, 140 Pa. 641 , 21 A. 408 , and the cases following it.

11941–1941
Fox v. Seal green
· 1875
2 sentences

1899Sharswood, J., delivering the opinion quotes the language of Justice Strong in Fox v. Seal, 22 Wall. 424 , with reference to this resolution as follows : “ The language of the resolution is too clear to admit of question, that the. legislature intended to give an unpaid contractor a priority of claim to the company’s property, over every right that might be acquired by a mortgagee, or acquired under a mortgage, if the mortgage was made after the debt to the contractor was made.” It would follow from this that as between the parties to the mortgage, and as against all other persons the mortgage

1899Sharswood, J., delivering the opinion quotes the language of Justice Strong in Fox v. Seal, 22 Wall. 424 , with reference to this resolution as follows : “ The language of the resolution is too clear to admit of question, that the. legislature intended to give an unpaid contractor a priority of claim to the company’s property, over every right that might be acquired by a mortgagee, or acquired under a mortgage, if the mortgage was made after the debt to the contractor was made.” It would follow from this that as between the parties to the mortgage, and as against all other persons the mortgage

11899–1899
Shamokin Valley & Pottsville Railroad v. Malone green
pa · 1877
1 sentence

1899Co. v. Malone, 85 Pa. 25 , that the object of the resolution was simply to give a priority of claim over the mortgage to the contractors and others.

11899–1899

Where else courts name it

CA 21 (1940–2022) OH 10 (1922–2017) NY 10 (1926–2015) MI 8 (1988–2024) IL 8 (1939–2015) CO 7 (1963–2015) PA 6 (1899–2022) NJ 6 (1933–2013) NM 5 (2010–2013) WA 5 (1942–2024) TX 4 (1951–2015) DC 4 (1997–2024) MN 3 (1920–2013) MD 3 (1982–2024) RI 3 (1980–2020) IN 3 (1941–1996) KS 3 (1970–2014) FL 2 (2006–2006) GA 2 (1939–1941) WY 2 (1989–1991) AL 2 (1916–1931) AZ 2 (1969–2023) CT 2 (1990–2020) MS 2 (1991–2023) SD 2 (1927–2003) MO 2 (2009–2016) NC 2 (1914–1914)

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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