Lewis v. England
Supreme Court of Pennsylvania
In Error. Upon a writ of error to the Common Pleas of Centre county, the case was thus: England, the plaintiff below, brought assumpsit upon a book account against Lewis, before a justice of the peace. The cause was in this stage submitted to referees, who awarded in favor of the plaintiff, the sum of forty-eight dollars and thirty-six cents, with costs, upon which the magistrate rendered a judgment.
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In Error. Upon a writ of error to the Common Pleas of Centre county, the case was thus: England, the plaintiff below, brought assumpsit upon a book account against Lewis, before a justice of the peace. The cause was in this stage submitted to referees, who awarded in favor of the plaintiff, the sum of forty-eight dollars and thirty-six cents, with costs, upon which the magistrate rendered a judgment. Lewis appealed to the Common Pleas, where the cause was compulsorily referred to arbitrators, under the act of 29th March 1809; and their award was in favor of the plaintiff for twenty dollars,…
1Concurrence
*Brackeneidge J.
I concur on the first point, that in this case a writ of error lies. On the second point, I observe, that a statute denyiug costs must be on the ground of checking the vexatiousness of bringing actions, where bud small damages have been sustained; or the troubling a superior court with these, either by actions originally brought, or removed from an inferior jurisdiction. Will there not be cases out of the reason of the statute, and therefore not within the statute? Can these be specified in the statute? Is it practicable, or is it necessary ? Are not the courts of law…
2Cases cited1 opinion
- M'Laughlin v. ScotSupreme Court of Pennsylvania · 1803