Driesbach v. Morris
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Luzerne county: Of January Term 1880, No. 172. This was an action by Driesbach & Co. against Morris & Walsh, before an alderman of the city of Wilkesbarre. On the 1st of February, 1876, judgment was entered against defendants for $89.25. On the 12th of February 1876, the justice made the following entry on his docket: “ Defendants tender a judgment of $80.00.” On the 14th of February 1876, defendants appealed.
Read the full summary
Error to the Court of Common Pleas of Luzerne county: Of January Term 1880, No. 172. This was an action by Driesbach & Co. against Morris & Walsh, before an alderman of the city of Wilkesbarre. On the 1st of February, 1876, judgment was entered against defendants for $89.25. On the 12th of February 1876, the justice made the following entry on his docket: “ Defendants tender a judgment of $80.00.” On the 14th of February 1876, defendants appealed. The case was tried before a jury, and verdict rendered for plaintiffs for $81.12. After verdict, counsel for defendants obtained a rule to show'…
1Opinion of the CourtJustice Mercur
This contention is whether the plaintiffs are entitled to full costs. It arises under the Act of 9th April 1833. So much of the second proviso as is applicable to this case declares if the defendant either on the trial of the cause before the justice or before an appeal is taken, shall offer to give the plaintiff a judgment for the amount which the defendant shall admit to be due, which offer it shall be the duty of the justice to enter on the record, and if the plaintiff or his agent shall not accept such offer, then and in that case if the defendant shall appeal, the plaintiff shall pay all…
2Cases cited1 opinion
- M'Dowell v. GlassSupreme Court of Pennsylvania · 1835
3Cited by1 opinion
- Griffin v. DavisSuperior Court of Pennsylvania · 1898