Legal Opinion

Wisler v. Beaumont

Supreme Court of Pennsylvania

Decided May 15, 1835PublishedCited by 1 opinion

ERROR to Dauphin county. Lewis Wisler sued A. L. Beaumont, Robert Ennis & Co. before a justice, who rendered a judgment for 60 dollars, from which the defendants appealed to the common pleas, where the cause was referred to arbitrators who awarded for the defendants; the plaintiff appealed and obtained a verdict for 27 dollars, for which sum the court rendered a judgment without costs, since the appeal from the justice; which judgment is the subject of the assignment of…

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ERROR to Dauphin county. Lewis Wisler sued A. L. Beaumont, Robert Ennis & Co. before a justice, who rendered a judgment for 60 dollars, from which the defendants appealed to the common pleas, where the cause was referred to arbitrators who awarded for the defendants; the plaintiff appealed and obtained a verdict for 27 dollars, for which sum the court rendered a judgment without costs, since the appeal from the justice; which judgment is the subject of the assignment of error.

1Per curiam

—It was determined in Flick v. Boucher, 17 Serg.

Rawle 373, that in the absence of a specific provision in the arbitration act, the costs of an appeal from the judgment of a justice, are to be determined by the 100 dollar act. , That case, like this, was arbitrated in the common pleas, the difference in other respects being that the appeal from the award was taken by the defendant; and the case was held not to be provided for, because a successful defendant appellant, having given security to pay costs but on condition that the plaintiff obtain judgment for a sum equal to or greater than the…

2Cases cited2 opinions

  1. Landis v. ShaefferSupreme Court of Pennsylvania · 1818
  2. Franklin v. WraySupreme Court of Pennsylvania · 1832

3Cited by1 opinion

  1. Addison v. HampsonSupreme Court of Pennsylvania · 1847

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