Addison v. Hampson
Supreme Court of Pennsylvania
In error from the Common Pleas of Erie county. Sept. 29. This suit originated before a justice of the peace, and was brought by George W. Addison against Robert Hampson, to recover a claim of $10, which he alleged was due and owing to him by the defendant. Against a recovery by the plaintiff, the defendant interposed a claim of $15, which he alleged the plaintiff was indebted to him on book account.
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In error from the Common Pleas of Erie county. Sept. 29. This suit originated before a justice of the peace, and was brought by George W. Addison against Robert Hampson, to recover a claim of $10, which he alleged was due and owing to him by the defendant. Against a recovery by the plaintiff, the defendant interposed a claim of $15, which he alleged the plaintiff was indebted to him on book account. After hearing the parties, &c., the justice gave judgment in favour of the defendant, for $17 34, and costs of suit, amounting to $11 60. From this judgment the plaintiff appealed to the Court of…
1Opinion of the CourtBell, J.
The question of costs presented by this record is directly decided against the defendant, by the case of Hoffman v. Slossan, 2 Watts & Serg. 36; and that determination is in accordance with the earlier cases, which arose under the act of 1810, and which turn upon the principle that, where, by the conditions of the appeal, the appellant is to pay 'costs only in the event of his failing to procure a more favourable judgment than that appealed from, he is not bound to pay the costs of the appeal, should he succeed in placing himself in a better position, though a final judgment is eventually…
2Cases cited4 opinions
- Landis v. ShaefferSupreme Court of Pennsylvania · 1818
- Commonwealth ex rel. Potter v. ReynoldsSupreme Court of Pennsylvania · 1828
- Hoffman v. SlossanSupreme Court of Pennsylvania · 1841
- Wisler v. BeaumontSupreme Court of Pennsylvania · 1835
3Cited by1 opinion
- Wheeler v. PotterSuperior Court of Pennsylvania · 1900