Bellas v. Oyster
Supreme Court of Pennsylvania
ERROR to the common pleas of Northumberland county. This was an action of ejectment by George Oyster and Sarah his wife, against Hugh Bellas, Esq. and Jacob Weiss for a tract of land. The cause was referred to arbitrators, who made a report in favour of the plaintiffs for the undivided three fourth parts of the land with 6 cents damages and 6 cents costs. From this report the defendants appealed, and paid all the costs.
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ERROR to the common pleas of Northumberland county. This was an action of ejectment by George Oyster and Sarah his wife, against Hugh Bellas, Esq. and Jacob Weiss for a tract of land. The cause was referred to arbitrators, who made a report in favour of the plaintiffs for the undivided three fourth parts of the land with 6 cents damages and 6 cents costs. From this report the defendants appealed, and paid all the costs. The plaintiffs subsequently conveyed their title to the land to William Levan, after which the cause came on for trial in the circuit court and a verdict was rendered for the…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
It was settled in Landis v. Shaeffer, 4 Serg. & Rawle 196, that when the defendant appeals from an award of arbitrators, and the verdict of the jury is for a less sum than the award, each party pays his own costs which have accrued subsequent to the appeal: and it was afterwards decided in Pratt v. Naglee, 6 Serg. & Rawle 196, that in such case the defendant is not entitled to a return of the costs paid on the appeal. These two cases seem to me to decide that the court below erred in making absolute the rule obtained by the plaintiff to…
2Cases cited2 opinions
- Landis v. ShaefferSupreme Court of Pennsylvania · 1818
- Poke v. KellySupreme Court of Pennsylvania · 1825
3Cited by1 opinion
- Penrose v. PawlingSupreme Court of Pennsylvania · 1845