Ford v. Neely
Superior Court of Pennsylvania
Appeal, No. 48, April T., 1915, by plaintiff, from judgment of C. P. Allegheny Co., April T., 1912, No. 599, on verdict for plaintiff in case of Mary Ann Ford v. Milton Neely and Emma Neely, his wife. Assumpsit to recover for plaintiff’s interest in certain hay alleged to have been cut on a farm in which plaintiff and Emma Neely had an ownership in common, subject to the dower rights of Katie Jones.
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Appeal, No. 48, April T., 1915, by plaintiff, from judgment of C. P. Allegheny Co., April T., 1912, No. 599, on verdict for plaintiff in case of Mary Ann Ford v. Milton Neely and Emma Neely, his wife. Assumpsit to recover for plaintiff’s interest in certain hay alleged to have been cut on a farm in which plaintiff and Emma Neely had an ownership in common, subject to the dower rights of Katie Jones. Before Haymaker, J. From the record it appeared that the case had been submitted to arbitrators who found an award against both defendants. Emma Neely appealed and the jury was sworn as to her…
1Opinion of the Court
Per Curiam,
For a statement of this case we refer to the opinion of Judge Haymaker, who presided at the trial. For the reasons given by him, the first, second and fourth assignments of error are overruled. The third assignment of error relates to the right of Emma-Neely to recover costs. Until the statute of 8 and 9 Wm. 3, chap. 11, if one *655of several defendants was acquitted, he was not entitled to costs, the courts of England construing the prior acts to relate only to the case of a total acquittal of all the defendants: Maus v. Maus, 10 Watts, 87. But as pointed out by Justice Kennedy in…
2Cases cited2 opinions
- Steele v. LinebergerSupreme Court of Pennsylvania · 1872
- Maus v. MausSupreme Court of Pennsylvania · 1840
3Cited by5 opinions
- Tunison v. CommonwealthSupreme Court of Pennsylvania · 1943
- Guerra v. Hiduk, Pennsylvania Court of Common Pleas, Washington County1931
- Stahl v. Erie Delivery Co., Pennsylvania Court of Common Pleas, Jefferson County1937
- Addison Borough School District v. Commonwealth, Pennsylvania Court of Common Pleas, Somerset County1941
- Ashton v. Pittsburgh Consolidated Coal Co., Pennsylvania Court of Common Pleas, Alleghany County1949