Ellison v. Buckley
Supreme Court of Pennsylvania
Error to the Common Pleas of Tioga county. This was an action of debt in the court below, between Newton Buckley and Samuel Ellison, Leander Culver, and Perry Daily, in which there was an award of arbitrators in favour of plaintiff, from which defendants appealed, April 10th 1860, making the usual oath, and entering into the recognisance required by law.
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Error to the Common Pleas of Tioga county. This was an action of debt in the court below, between Newton Buckley and Samuel Ellison, Leander Culver, and Perry Daily, in which there was an award of arbitrators in favour of plaintiff, from which defendants appealed, April 10th 1860, making the usual oath, and entering into the recognisance required by law. The plaintiff’s bill of costs for his witnesses was believed to be too high, and was excepted to by defendants, who paid part of the bill in cash on the appeal, and gave their note to the prothonotary for $34.22, the balance. June 4th 1860,…
1Opinion of the Court
The opinion of the court was delivered by
Read, J.
In this case there was an award of arbitrators in *282favour of Buckley, the plaintiff below, on the 26th March 1860, for $571.34, and on the 10th April the defendants entered an appeal, and filed oath and recognisance; a detailed bill of costs, amounting 'to $40.83, had been filed on the 26th March by the plaintiff, to which exceptions were filed for the defendants on the day the appeal was entered. These exceptions were not specific, but general in terms, and were, so far as they were material, directed to overcharges in relation to the witnesses…
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