Remely v. Kuntz
Supreme Court of Pennsylvania
In error from the Common Pleas of Carbon. March 20. In November, 1845, the plaintiff entered a rule of reference, and obtained a,n award for $132. The defendant appealed, and the plaintiff obtained a verdict for $129. The court entered judgment without costs accrued since the appeal.
1Opinion of the CourtBell, J.
Our acts of 1810 and 1836, introducing, and extending the remedy by compulsory arbitration, were intended to supply a system of costs, in cases of appeals from awards of arbitrators, and operated as a repeal.of the statute of Gloucester, wherever their provisions were applicable.
But the right to recover, or the liability to pay costs, was made to depend on the form of the recognisance, which the party appealing from an award was required to acknowledge. The prescribed conditions of these securities were intended to be' commensurate with the whole amount of costs the adverse party could…
2Cases cited2 opinions
- Commonwealth v. ZephonSupreme Court of Pennsylvania · 1845
- Beers v. West Branch BankSupreme Court of Pennsylvania · 1844
3Cited by1 opinion
- Wheeler v. PotterSuperior Court of Pennsylvania · 1900