Guier v. M'Faden
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was an action of assumpsit, which was referred by rule or court under the act ol 1705, to three persons, who found for the plaintiff “ fifteen dollars and the costs P . 1 . . , 1 he rule contained no provision as to the costs; and the sum awarded not being sufficient to carry them in this court, ° '
1Opinion of the Court
Rush, President.
It is agreed that the reference is in the common terms, and in the usual form; and that the referees have no express power given to them over the costs.
In the enumeration of awards, 1 Dall. 314., Williams v. Craig, it is correctly stated by the court, that in Pennsylvania there exists a species of awards or reports, unknown to the English law, founded upon an act of opr legislature in the *588year 1705, by which it is enacted that, “ where the plaintiff “ and defendant consent to a rule of court, for referring the “ adjustment of their accounts, to certain persons mutually “…
2Cases cited1 opinion
- Williams v. CraigSupreme Court of the United States · 1788
3Cited by2 opinions
- Lewis v. EnglandSupreme Court of Pennsylvania · 1811
- Holdship v. AlexanderSupreme Court of Pennsylvania · 1825