Lamb v. Clark
Supreme Court of Pennsylvania
ÜS ERROR. Writ of error .to Tioga county. The plaintiff sued the defendant before a justice of the peace, who gave judgment on the award of referees, for twenty-mine dollars and eighty-six cents in favour of the defendant, and the plaintiff appealed. In the Court of Common Pleas, the cause was submitted to arbitrators, who awarded that the plaintiff had no cause of action.
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ÜS ERROR. Writ of error .to Tioga county. The plaintiff sued the defendant before a justice of the peace, who gave judgment on the award of referees, for twenty-mine dollars and eighty-six cents in favour of the defendant, and the plaintiff appealed. In the Court of Common Pleas, the cause was submitted to arbitrators, who awarded that the plaintiff had no cause of action. The plaintiff obtained, a rule to show causewhy the defendant’s costs on the.'appeal should not. be struck out of. the bill; but these costs were allowed by the court below; and this was assigned for error. .
1Per curiam
The case of a plaintiff appealing from a judgment for a sum due to the defendant, is not expressly provided for in the act of assembly; but it is evidently .-within the spirit and meaning of the provision for an appeal by the defendant. • Such a plaintiff is precisely in the situation of a defendant, his antagonist having in turn become the assailant. It may be.said the plaintiff was originally in fault in suing for what wás not due; but that is no justification of the unjust claim of the defendant. The demerits of the parties before the justice" are exactly balanced. But the question *367is not,…
2Cited by2 opinions
- Ackla v. AcklaSupreme Court of Pennsylvania · 1847
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