Marks v. Swearingen
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny county. Sept. 12. This was an appeal to the Court of Common Pleas, from the judgment of a justice of the peace, in an action of trover, for a mare of the value of $50, brought before him by Elizabeth Marks, the plaintiff in error, against' Hugh Swearingen, the defendant in error. The facts of the case are so fully stated in the opinion of the court, that a repetition of them here would only serve to swell this report.
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Error to the Common Pleas of Allegheny county. Sept. 12. This was an appeal to the Court of Common Pleas, from the judgment of a justice of the peace, in an action of trover, for a mare of the value of $50, brought before him by Elizabeth Marks, the plaintiff in error, against' Hugh Swearingen, the defendant in error. The facts of the case are so fully stated in the opinion of the court, that a repetition of them here would only serve to swell this report. The only question here was, whether the court below were right in quashing the appeal.
1Opinion of the CourtBurnside, J.
This action is trover and conversion, instituted before a justice of the peace, for a mare of the value of $50, and so stated on the docket of the magistrate. When before the justice the cause was referred, the referees awarded for the plaintiff $19, and costs. From this award the plaintiff appealed, and, when' in court, entered a rule under the compulsory arbitration act. On the 5th of December, 1845, the arbitrators awarded for the plaintiff $40. From this award the defendant, on the 24th December, 1845, appealed. Prior to this, on the 6th of December, the defendant obtained a rule to show…
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