M'Dowell v. Glass
Supreme Court of Pennsylvania
ERROR to Cambria county. This suit originated before a justice, by whom it was referred to arbitrators, who awarded for the plaintiff 29 dollars 26 cents, with costs, from whose judgment the defendant appealed. The cause was tried in the common pleas, and verdict for 24 dollars 40 cents. And on affidavits filed, the court entered judgment without costs; and granted a rule to show why the plaintiff should not pay the defendant’s costs.
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ERROR to Cambria county. This suit originated before a justice, by whom it was referred to arbitrators, who awarded for the plaintiff 29 dollars 26 cents, with costs, from whose judgment the defendant appealed. The cause was tried in the common pleas, and verdict for 24 dollars 40 cents. And on affidavits filed, the court entered judgment without costs; and granted a rule to show why the plaintiff should not pay the defendant’s costs. The depositions established the fact that the defendant, before suit brought, had tendered 24 dollars 50 cents to the plaintiff and on the trial before the…
1Per curiam
—The court could not go behind the judgment in search of a tender of money such as this ; and the point is to be considered as if affidavits to the fact had not been read. The appellant defendant eventually succeeded in reducing the judgment; which, under the previous act, would have stripped it of the incident of costs. But the act of the 9th of April 1833 directs the costs to abide the event of the suit, unless the defendant, when appellant, shall'have offered before the justice or referees to give judgment for what he admitted to be due, an offer that was not made here. Granting that the…