Bartram v. M'Kee, Clark & Co.
Supreme Court of Pennsylvania
ERROR to Alleghany county. James A. Bartram brought this action against M’Kee, Clark fy Co. to recover 300 dollars for carrying goods on the Ohio river. The defence was, that the goods were injured while in the possession of the plaintiff. The jury rendered a verdict for 99 dollars and 99 cents, upon which the court rendered a judgment with costs. To reverse the judgment as to costs, this writ of error was taken.
1Opinion of the Court
The opinion of the court was delivered by •
Rogers, J.
If suit be brought in court for a debt, or demand, made cognizable by a justice of the peace, the plaintiff is debarred from costs, unless before issuing the original writ, he files in the office of the prothonotary his oath or affirmation, that he verily believes the debt due on damages sustained, exceeds the sum of one hundred dollars. Notwithstanding the words of the writ, it has been held in repeated cases, that when the verdict has been rendered, below 100 dollars by set off, the plaintiff was entitled to his costs. Grant et al. v.…
2Cases cited2 opinions
- Pipher v. LodgeSupreme Court of Pennsylvania · 1827
- Sadler v. SlobaughSupreme Court of Pennsylvania · 1817
3Cited by2 opinions
- Humphreys v. ReedSupreme Court of Pennsylvania · 1841
- Leech v. BaldwinSupreme Court of Pennsylvania · 1836