Cameron v. Paul
Supreme Court of Pennsylvania
Error to the Common Pleas of Union. July 27. A. S. Lewis and John Paul executed a joint and several single bill in favour of William Cameron for $200, payable one year after date. Cameron brought an action of debt upon this instrument against Paul, which he arbitrated, and obtained an award in his favour for $224.46, from which Paul appealed.
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Error to the Common Pleas of Union. July 27. A. S. Lewis and John Paul executed a joint and several single bill in favour of William Cameron for $200, payable one year after date. Cameron brought an action of debt upon this instrument against Paul, which he arbitrated, and obtained an award in his favour for $224.46, from which Paul appealed. When the case came on to be tried in court, Paul offered Lewis, his co-obligor, as a witness, to prove some partial payments to Cameron, at the same time releasing Lewis. The competency of Lewis was objected to by Cameron, but he was admitted to testify…
1Opinion of the Court
The opinion of this court was delivered by
Bell, J.
The case of Remely, to the use of Kraus, v. Kuntz, *27810 Barr, 180, determines, that since the acts of 1842 and 1845, the plaintiff is entitled to his costs, which accrued since the appeal from the award of arbitration, notwithstanding he recovered by verdict a less sum than was awarded by the finding of the arbitrators. The Court of Common Pleas was therefore wrong in refusing him these costs.
But is he also entitled to recover the costs which accrued in this court on the writ of error sued out by him ? At common law there were no costs in error.…
2Cited by7 opinions
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- Mahony, Trustee v. BoenningSuperior Court of Pennsylvania · 1939
- Oehring v. Fox Typewriter Co.Court of Appeals for the Second Circuit · 1920
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