Adams v. M'Ilheny
Supreme Court of Pennsylvania
ERROR to Alleghany county. William JVPIlheny sued William Adams and George JW’Bride before a justice of the peace, who rendered a judgment for the defendants, from which the plaintiffs appealed, and recovered in court an award for 13 dollars, upon which a judgment was rendered for that sum and costs; to reverse which, as to costs, this writ of error was sued out.
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
It appears by the final determination of this cause, that the defendant in error had a just claim against the plaintiffs in error for 13 dollars, which they wholly refused to pay. It may therefore be well said, as it was in Lamb v. Clark, 17 Serg. & Rawle 366, that they have been “ the efficient cause of the costs being incurred,” both before the justice and in court, and for this reason, if there be no law to militate against it, ought to pay them. From the act of the legislature giving to justices of the peace jurisdiction in certain cases…
2Cases cited1 opinion
- Lamb v. ClarkSupreme Court of Pennsylvania · 1828