Silvergood v. Storrick
Supreme Court of Pennsylvania
ERROR to Northumberland county. James Silvergood and William Silvergood, defendants, obtained a judgment in their favour against Lewis Storrick and John Huggins, plaintiffs, before a justice of the peace; the judgment was removed into the common- pleas by certiorari, and reversed. Storrick and Huggins issued an execution out of the common pleas, for the costs which accrued before the justice and in court.
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ERROR to Northumberland county. James Silvergood and William Silvergood, defendants, obtained a judgment in their favour against Lewis Storrick and John Huggins, plaintiffs, before a justice of the peace; the judgment was removed into the common- pleas by certiorari, and reversed. Storrick and Huggins issued an execution out of the common pleas, for the costs which accrued before the justice and in court. The court below refused to set aside the execution, and this writ of error was sued out, and these errors assigned. 1. The court below should have set aside the execution as to the costs…
1Per curiam
The award of execution for the costs is as much a part of the judgment of reversal as is the reversal itself; and so inseparably is it, connected with the execution which followed, that neither could be reversed without the other. The ground taken in support of the writ is, that there was no award of execution, the *533judgment entered by the usual short memorandum being, in contemplation of law, what it would, if reduced to form, appear to be in fact; consequently, if the costs are not allowable, there would be no special award of execution for them. The court below, however, who-could best…
2Cited by4 opinions
- Huntington & Broad Top Mountain Railroad v. FlukeSuperior Court of Pennsylvania · 1906
- Wahl v. PooreSuperior Court of Pennsylvania · 1911
- Long v. Shelly, Pennsylvania Court of Common Pleas, Schuylkill County1873
- Deering Harvester Co. v. ZinkSuperior Court of Pennsylvania · 1907