Legal Opinion

Newhouse v. Kelly

Supreme Court of Pennsylvania

Decided October 15, 1836PublishedCited by 1 opinion

ERROR to Westmoreland county. Mary Newhouse against David Kelly. Appeal from the judgment of a justice of the peace. The plaintiff obtained the justice’s judgment for 61 dollars; an award of arbitrators for 94 dollars, and the verdict of the jury and judgment for 80 dollars; for which he issued an execution and for all. costs. The court below, on motion, set aside the execution as to the costs which accrued since the award of arbitrators.

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ERROR to Westmoreland county. Mary Newhouse against David Kelly. Appeal from the judgment of a justice of the peace. The plaintiff obtained the justice’s judgment for 61 dollars; an award of arbitrators for 94 dollars, and the verdict of the jury and judgment for 80 dollars; for which he issued an execution and for all. costs. The court below, on motion, set aside the execution as to the costs which accrued since the award of arbitrators. This was assigned for error. cited 1 Watts 43. cited 2 Penns. Rep. 74.

1Opinion of the Court

*509The opinion of. the Court was delivered by

Kennedy, J.

In Ross v. Soles, 1 Watts 44, it was laid down as a general rule, in regard to the recovery of costs in actions commenced before justices of the peace, under the authority of the act of .the 20th of March 1810, and thence brought by appeal into the courts of common pleas, that whenever that act expressly provided and directed by which of the parties the costs should be paid, or in what proportion each should contribute to the payment of them; and which of them should recover his costs or any part thereof from the other, upon the final…

2Cases cited1 opinion

  1. Ross v. SolesSupreme Court of Pennsylvania · 1832

3Cited by1 opinion

  1. Malatesta v. Alberti Sales & Service, Pennsylvania Court of Common Pleas, Delaware County1942

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