Duff v. McDonough
Superior Court of Pennsylvania
Appeal, No. 17, April T., 1896, by defendant, T. M. McDonough, from judgment of. C. P. No. 1, Allegheny Co., No. 323, Dee. T., 1888, committing defendant for contempt for nonpayment of costs in equity suit by W. H. Duff, plaintiff. Reeder, J., dissents. This was a bill in equity for the conveyance of real estate and a cancellation of deeds. The case was referred to John D..
Read the full summary
Appeal, No. 17, April T., 1896, by defendant, T. M. McDonough, from judgment of. C. P. No. 1, Allegheny Co., No. 323, Dee. T., 1888, committing defendant for contempt for nonpayment of costs in equity suit by W. H. Duff, plaintiff. Reeder, J., dissents. This was a bill in equity for the conveyance of real estate and a cancellation of deeds. The case was referred to John D.. Shafer as master, whose report appears on former appeal in this case in Duff v. McDonough, 155 Pa. 10. Other facts are stated in the opinion of the Superior Court as follows: The facts necessary to a proper understanding…
1DissentReeder, J.
Costs are purely statutory. At common law there is no right to recover costs. In point of fact it was the custom with all juries to include the probable amount of costs in the verdict for damages, but there was no right to recover costs eo nomine at common law. The first statute that gave costs in real actions was the statute of Gloucester, 6 Edward I. c. 1. This was followed by numerous acts in England and afterwards in this state, permitting the collection of costs, as well as, in certain cases, fixing the amount to be paid. Under our modern practice, that portion of the costs which is paid…
2Cases cited5 opinions
- Chew's AppealSupreme Court of Pennsylvania · 1863
- Tome's AppealSupreme Court of Pennsylvania · 1865
- Wilson v. Wilson, Pennsylvania Court of Common Pleas, Huntingdon County1891
- Church's AppealSupreme Court of Pennsylvania · 1883
- Lane v. BakerSupreme Court of Pennsylvania · 1854