Flick v. Boucher
Supreme Court of Pennsylvania
IN ERROR. On a writ of error to the Court of Common Pleas of Somerset county, it appeared', that Jacob Flick.and John Mason, the plaintiffs in error, sued Polly Boucher, the defendant in error, in trover, before a justice of the peace of that county, who gave judgment for the plaintiffs for ten dollars damages, and costs of suit, to be released on delivery of the note, and payment of costs.
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IN ERROR. On a writ of error to the Court of Common Pleas of Somerset county, it appeared', that Jacob Flick.and John Mason, the plaintiffs in error, sued Polly Boucher, the defendant in error, in trover, before a justice of the peace of that county, who gave judgment for the plaintiffs for ten dollars damages, and costs of suit, to be released on delivery of the note, and payment of costs. The defendant appealed, and the plaintiffs arbitrated the case in the Court of Common Pleas, and obtained an award in their favour for ten dollars, with costs. The defendant appealed again, and issue being…
1Opinion of the Court
*374The opinion of the court was delivered by
Gibson, C. J.
The costs of an appeal from the award of arbitrators are regulated by the arbitration act only; in which it is provided, that the defendant, when he is the appellant, shall give security to pay the costs, on condition that the plaintiff ££ shall obtain a judgment for a sum equal to, or greater than the report of the arbitrators:” but no provision is made for costs where the plaintiff shall not obtain such a judgment. Hence, in Shaeffer v. Landes, (4 Serg. & Rawle, 196,) it was held the plaintiff shall not recover costs, because the…
2Cases cited1 opinion
- Landis v. ShaefferSupreme Court of Pennsylvania · 1818
3Cited by3 opinions
- Commonwealth v. EvansSupreme Court of Pennsylvania · 1826
- Gallatin ex rel. Garber v. CornmanSupreme Court of Pennsylvania · 1829
- Gonsalus v. LiggittSupreme Court of Pennsylvania · 1829