Holdship v. Alexander
Supreme Court of Pennsylvania
IN ERROR. Error to the Court of Common Pleas of Allegheny county. This was an action brought in the Court of Common Pleas by Francis Alexander, the defendant in error, against Henry Hold-ship. The cause was arbitrated under the compulsory act, and ant award returned for the plaintiff for one hundred and fifty dollars. The defendant appealed and paid the costs.
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IN ERROR. Error to the Court of Common Pleas of Allegheny county. This was an action brought in the Court of Common Pleas by Francis Alexander, the defendant in error, against Henry Hold-ship. The cause was arbitrated under the compulsory act, and ant award returned for the plaintiff for one hundred and fifty dollars. The defendant appealed and paid the costs. The cause was afterwards submitted to referees, under the act of 1705, who made an award in favour of the plaintiff for one hundred and one dollars and twelve and a half cents, with costs of suit, on which judgment was entered for the…
1Opinion of the Court
The opinion of the court was delivered by. Tieghman, C. J.
It was decided by this court, in tbe case of Landis v. Shaffer, (4 Serg. & Rawle, 196,) that where the defendant appealed, and the plaintiff recovered, on the. appeal, less than the sum given to him by the award appealed from, he should have no costs on, or subsequent to the appeal. This was the construction put upon the act of the 20th of March, 1810. But the counsel for tbe plaintiff have contended, that the provision of that act of assembly, with respect to costs, was intended only for cases where the cause was tried, on the appeal,…
2Cases cited3 opinions
- Lewis v. EnglandSupreme Court of Pennsylvania · 1811
- Landis v. ShaefferSupreme Court of Pennsylvania · 1818
- Guier v. M'Faden, Pennsylvania Court of Common Pleas, Philadelphia County1809