Legal Opinion

Franklin v. Wray

Supreme Court of Pennsylvania

Decided September 15, 1832PublishedCited by 1 opinion

ERROR to the common pleas of Alleghany county. James Wray sued William Franklin before a justice of the peace, who rendered a judgment for the plaintiff for 16 dollars and 50 cents, from which the defendant appealed to the common pleas, where the cause was arbitrated ; the defendant gave evidence which he had not given to the justice, and the plaintiff obtained an award for 18 cents and costs of suit. To reverse the judgment as to costs, this writ of error was sued out.

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

This suit was commenced by the defendant in error, before a justice of the peace of Alleghany county, who gave a judgment in his favour for 16 dollars and 50 cents, and the costs of suit, against the plaintiff in error, who appealed to the court of common pleas; where the defendant in error entered a rule of arbitration, and obtained a report in his favour for 18 and 3-4ths cents only, and the costs of suit. Under this award all the costs, as well those incurred on the appeal as those which accrued before the justice, were taxed against the…

2Cases cited3 opinions

  1. Kimble v. SaundersSupreme Court of Pennsylvania · 1821
  2. Downs v. LewisSupreme Court of Pennsylvania · 1825
  3. Grace v. AltemusSupreme Court of Pennsylvania · 1827

3Cited by1 opinion

  1. Wisler v. BeaumontSupreme Court of Pennsylvania · 1835

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