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

6 Pennsylvania opinions name it 2 courts 1863–2002 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 (1)

CaseFollowedCited
Commonwealth v. O'Hayergreen
pa · 1985 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002
1 sentence

2002The technician in O’Hayer had some education and quite a bit of experience and we declined to find her unqualified stating that to do so would “render the language in the present statute relating to the rebanee upon ‘experience’, as a criterion to satisfy the qualification requirement, to mere surplusage.” Id. at 653. ¶ 25 In the present case, the evidence of record established that the technician had two years of education at Alfred State College where he earned an Associates Degree in medical technology.

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 (6)

CaseCitedYears
Whalen v. United States green
scotus · 1980
2 sentences

1984We went on to emphasize the qualification on that rule: “[W]here the offenses are the same ... cumulative sentences are not permitted, unless elsewhere specially authorized by Congress.” Id., at 693 , 63 L.Ed.2d 715 , 100 S.Ct. 1432 [1438] (emphasis added).

1984We went on to emphasize the qualification on that rule: “[W]here the offenses are the same ... cumulative sentences are not permitted, unless elsewhere specially authorized by Congress.” Id., at 693 , 63 L.Ed.2d 715 , 100 S.Ct. 1432 [1438] (emphasis added).

21983–1984
Missouri v. Hunter green
scotus · 1983
2 sentences

1984Missouri v. Hunter, 459 U.S. 359, 366-367 , 103 S.Ct. 673, 678-679 , 74 L.Ed.2d 535 (1983) (emphasis in original).

1984Missouri v. Hunter, 459 U.S. 359, 366-367 , 103 S.Ct. 673, 678-679 , 74 L.Ed.2d 535 (1983) (emphasis in original).

11984–1984
McCahill v. Roberts green
pa · 1966
2 sentences

1983Goldman v. McShain, supra, McCahill v. Roberts, 421 Pa. 233 , 219 A.2d 306 (1966).

1983Goldman v. McShain, supra, McCahill v. Roberts, 421 Pa. 233 , 219 A.2d 306 (1966).

11983–1983
France's Estate green
pa · 1874
1 sentence

1916We can discover in the will no intention on the part of the testator to sever the produce from its source, and in the absence of such intention the rule just quoted applies.” It may be important, however, at this stage of the discussion to keep in mind a qualification of the principle just stated'which is thus declared by Mr. 'Justice Mercur in Cooper v. Pogue, 92 Pa. 254 : “While a devise of the income and profits of land is a devise of the land itself, yet it is a devise of it for no longer period of time than the testator gave the income and profits: France’s Est., 75 Pa. 220 .” After the u

11916–1916
Cooper v. Pogue neutral
pa · 1880
1 sentence

1916We can discover in the will no intention on the part of the testator to sever the produce from its source, and in the absence of such intention the rule just quoted applies.” It may be important, however, at this stage of the discussion to keep in mind a qualification of the principle just stated'which is thus declared by Mr. 'Justice Mercur in Cooper v. Pogue, 92 Pa. 254 : “While a devise of the income and profits of land is a devise of the land itself, yet it is a devise of it for no longer period of time than the testator gave the income and profits: France’s Est., 75 Pa. 220 .” After the u

11916–1916
In re Marwick neutral
med · 1845
1 sentence

1863Story on Part., § 363; Collyer, §§ 924, 926, 927, in which it is stated that “ the rule (above stated) is not to be abandoned, so long as there is any joint estate, no matter how trifling,” and cites 8 Law Rep. 169 , Ware, J., In re Marwick, supra; McCulloch v. Dashiell, 1 Harr. & Gill 96; Story on Part. 380; Denney, J., in Somerset Pottery Works v. Minot, 10 Cush. 600 .

11863–1863

Where else courts name it

CA 60 (1861–2025) TX 46 (1880–2026) NY 30 (1849–2018) AL 22 (1908–2025) MO 22 (1887–2012) IL 20 (1881–1998) NV 20 (2010–2020) GA 17 (1902–2025) FL 16 (1908–2023) KS 14 (1904–2016) VA 13 (1886–2008) WA 12 (1892–2023) WV 12 (1893–1991) TN 11 (1926–2015) CO 11 (1893–2026) IN 10 (1871–2010) AZ 9 (1925–2014) MD 9 (1883–2018) NJ 9 (1954–2024) KY 8 (1922–1963) OR 7 (1908–2017) OK 7 (1917–1994) MA 7 (1886–1984) NC 7 (1891–1989) CT 6 (1885–2014) WI 6 (1881–1996) PA 6 (1863–2002) IA 5 (1902–1975) ND 5 (1903–1995) MT 5 (1895–1979) MS 4 (1953–2025) DE 4 (1965–2024) NM 4 (1938–2015) OH 4 (1884–1984) HI 3 (1927–2026) VT 3 (1894–1934) NE 3 (1930–1974) MN 3 (1904–1962) SC 3 (1925–2019) VI 2 (2014–2017) MI 2 (1974–1997) UT 2 (1951–1968) DC 2 (1896–1985) WY 2 (1925–1970) ME 2 (1954–2023) LA 2 (2004–2006) ID 2 (1965–2020)

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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