King v. Boyles
Supreme Court of Pennsylvania
Error to the Common Pleas of Sullivan county This was an action of trespass to real estate, originally brought before a justice of the peace by Hugh Boyles against Thomas King. The justice gave judgment in favor of the plaintiff for $35 ; from this the defendant appealed to the Common Pleas, where the cause was arbitrated, and there was an award of “ no cause of action.”
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Error to the Common Pleas of Sullivan county This was an action of trespass to real estate, originally brought before a justice of the peace by Hugh Boyles against Thomas King. The justice gave judgment in favor of the plaintiff for $35 ; from this the defendant appealed to the Common Pleas, where the cause was arbitrated, and there was an award of “ no cause of action.” The plaintiff paid the costs and appealed from the award, and on the trial recovered a verdict for ten cents damages. The court below entered judgment on the verdict with full costs, which was here assigned for error.
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
Costs which were given to neither plaintiff nor *425defendant by the common law, are so peculiarly a matter of statutory regulation, that the first and generally the final inquiry of the judicial mind is, what will has the legislature expressed upon the subject. If at liberty to reason about the rights of a particular party to recover costs, it would not perhaps be difficult to prove that a plaintiff who vexed his neighbor with an action of trespass, wherein referees gave him no damages, and a court and jury assessed them at only ten cents,…
2Cases cited1 opinion
- Dickerson v. AndersonSupreme Court of Pennsylvania · 1839
3Cited by7 opinions
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- Dornon v. McCarthySuperior Court of Pennsylvania · 1965
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