M'Kim v. Bryson
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Butler county. This action was brought originally before a justice of the peace. The plaintiff’s demand was “ for damages under the “ sum of 100 dollars, for not building a stone chimney in a “ workman-like manner.’’ The cause was submitted to referees under the act passed the 20th March, 1810. The referees made an award in favour of the defendant: whereupon judgment was entered by the justice for the defendant.
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In Error. ERROR to the Common Pleas of Butler county. This action was brought originally before a justice of the peace. The plaintiff’s demand was “ for damages under the “ sum of 100 dollars, for not building a stone chimney in a “ workman-like manner.’’ The cause was submitted to referees under the act passed the 20th March, 1810. The referees made an award in favour of the defendant: whereupon judgment was entered by the justice for the defendant. The plaintiff appealed to the Court of Commo'n Pleas of Butler county, who quashed the appeal as being contrary to the act of assembly.
1Opinion of the Court
Tirghsjan C. J.
It is provided by the 3d section of the act, that when the-cause is submitted to referees, the justice shall enter judgment for the sum awarded, arid costs, “ which “judgment so obtained, when not exceeding twenty dollars, shall be final and conclusive on both plaintiff and defend- “ ant, without further appeal.” The plaintiff contends, that his case does not fall within this provision, because the award and judgment was not for any sum in his favour, but altogether against him. The case is not within the words of the law : but if we consider the intent, it will be difficult to…
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