Lentz v. Stroh
Supreme Court of Pennsylvania
Error. In the plaintiff in error, brought killing a dog, in the Common ^eas Dauphin county, against Nicholas Stroh, the elder, and Nicholas Stroh, the younger, as to whom the sheriff returned, summoned; and Robert MiGulley, as to whom, nihil, was returned.
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Error. In the plaintiff in error, brought killing a dog, in the Common ^eas Dauphin county, against Nicholas Stroh, the elder, and Nicholas Stroh, the younger, as to whom the sheriff returned, summoned; and Robert MiGulley, as to whom, nihil, was returned. A rule of arbitration was entered by the Stroks, and arbitrators appointed, who awarded, that Ni~ MICHAEL LENTZ, . r ^ r an action of trespass, for cholas Stroh, the elder, should pay the plaintiff the sum of eleven dollars damages, with costs of suit. From this award, the elder Stroh appealed. A declaration was filed, to which he pleaded,…
1Opinion of the Court
The opinion of the Court was delivered by
Duncan J.
The first error assigned, is in entering the judgment on the verdict, without costs accruing since the appeal from the award of arbitrators, inasmuch as there was no legal award, and the jury found for the plaintiff, six cents damages, and all costs.
The act regulating arbitrations, provides, that if the defendant be the appellant, he shall, with one or more sufficient sureties enter into a recognisance, in the nature of special b.ail, the condition of which shall be, that if the plaintiff *38shall recover a sum, greater or more favourable than…
2Cases cited5 opinions
- Wakely v. HartSupreme Court of Pennsylvania · 1814
- Territory of Washington v. KleeWashington Supreme Court · 1890
- Lewis v. EnglandSupreme Court of Pennsylvania · 1811
- Landis v. ShaefferSupreme Court of Pennsylvania · 1818
- Santee v. KeisterSupreme Court of Pennsylvania · 1813
3Cited by2 opinions
- Parker v. MiseSupreme Court of Alabama · 1855
- Mosher v. SmallSupreme Court of Pennsylvania · 1847