Legal Opinion

Murphy v. Loyd

Supreme Court of Pennsylvania

Decided February 17, 1838PublishedCited by 5 opinions

This was an appeal from a taxation of costs by the prothonotary, after an award of arbitrators, in an action of ejectment brought by James Murpby against Isaac S. Loyd. On the trial before the arbitrators, the plaintiff produced certified copies of certain deeds and powers of attorney, from the office of the recorder of deeds, &c., which he gave in evidence in support of his title. The prothonotary allowed the expense of these exemplifications in the costs.

1Per curiam

The charge is clearly inadmissible. The defendant cannot be required to pay the expense of copies of papers necessary to the establishment of the plaintiff’s title.

Cited by the Court, 10 Wright, 235.

See also, 1 Wharton, 275 2 Miles, 189.

2Cases cited2 opinions

  1. M'Williams v. HopkinsSupreme Court of Pennsylvania · 1836
  2. Leeds v. Loud, Pennsylvania Court of Common Pleas, Philadelphia County1838

3Cited by5 opinions

  1. Caldwell v. MillerSupreme Court of Pennsylvania · 1863
  2. Bowditch Mutual Fire Insurance v. WinslowMassachusetts Supreme Judicial Court · 1855
  3. Commonwealth v. BaughmanWestmoreland County Court of Quarter Sessions · 1934
  4. Commonwealth v. WilsonNorthampton County Court of Quarter Sessions · 1923
  5. Miller v. Commonwealth, Pennsylvania Court of Common Pleas, Westmoreland County1944