Rogers v. Ratcliffe
Supreme Court of Pennsylvania
Error to the Common Pleas of Chester county. This was an action of assumpsit in the Common Pleas, brought by Jacob Rogers, Jr., Administrator, &e., of Jacob Rogers, deceased, v. Charles Ratcliffe, on a. promissory note for $ 100. Arbitrators awarded $7o for plaintiff. No plea of set-off or other plea appeared on the papei'-book. No appeal was taken.
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Error to the Common Pleas of Chester county. This was an action of assumpsit in the Common Pleas, brought by Jacob Rogers, Jr., Administrator, &e., of Jacob Rogers, deceased, v. Charles Ratcliffe, on a. promissory note for $ 100. Arbitrators awarded $7o for plaintiff. No plea of set-off or other plea appeared on the papei'-book. No appeal was taken. The defendant paid the amount of the award, and a rule was granted to show cause why the execution should not be set aside — the question being whether the plaintiff was entitled to recover costs. On the argument of the rule the plaintiff called…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, J.
The plaintiff in error brought an aqtion on contract *185in the Court of Common Pleas, without filing an affidavit that his demand exceeded one hundred dollars. Pie recovered less than that sum. There was no plea of set-off upon the record. As the decision of the cause had been made by arbitrators, the Court of Common Pleas heard depositions for the purpose of determining the question of costs, and upon full examination into the moans by which the plaintiff’s demand had been reduced, decided that it had not been reduced by set-off, and that the…
2Cited by3 opinions
- Ballingall v. KiteSuperior Court of Pennsylvania · 1909
- Maloney v. MurphySupreme Court of Pennsylvania · 1896
- Weast v. Rice Produce Co., Pennsylvania Court of Common Pleas, Cumberland County1924