Ellis v. Agricultural Insurance
Superior Court of Pennsylvania
Petition to amend entry of “judgment reversed; ” entered on appeal, No. 14, March T., 1898, by defendant, from judgment of C. P. Huntingdon Co., Dec. T., 1895, No. 30, on verdict for plaintiff. Reported in 7 Pa. Superior Ct. 264.
1Opinion of the Court
Opinion by
William W. Pontee,, J.,
The judgment heretofore entered was that the “ judgment be reversed.” No venire was awarded. This was not a final judgment, such as to carry the right to execution for costs: Smith v. Sharp, 5 Watts, 292; Fries v. Railroad, 98 Pa. 142.
A careful consideration of the facts has convinced us that the appellant -is entitled to his costs. We, therefore, propose to amend the record so that he may obtain them.
The costs on the appeal are determined by the act of May 19, 1897, P. L. 67, section 21. The costs in the court below must be taxed by that court in the first…
2Cases cited2 opinions
- Fries v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1881
- Smith v. SharpSupreme Court of Pennsylvania · 1836
3Cited by3 opinions
- Livingston v. School BoardSuperior Court of Pennsylvania · 1900
- Moser v. Philadelphia, Harrisburg & Pittsburg RailroadSuperior Court of Pennsylvania · 1913
- Ballas v. WolffSuperior Court of Pennsylvania · 1899