Hamilton v. Aslin
Supreme Court of Pennsylvania
ERROR to the common pleas of Alleghany county. In a suit in the common pleas, in which William Aslin was plaintiff, and Samuel Hamilton, the plaintiff in error, was defendant, Aslin.recovered judgment. Hamilton took out a writ of error to the supreme couit, by whom the judgment was reversed, and a venire de novo awarded.
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ERROR to the common pleas of Alleghany county. In a suit in the common pleas, in which William Aslin was plaintiff, and Samuel Hamilton, the plaintiff in error, was defendant, Aslin.recovered judgment. Hamilton took out a writ of error to the supreme couit, by whom the judgment was reversed, and a venire de novo awarded. Aslin paid the costs incurred in the supteme court, and took down the record to the common pleas, where the cause was again tried, and a verdict and judgment rendered in his favour. The present suit in assumpsit was brought by him to tecover the costs he had paid in the…
1Per curiam
The general principle is that the law does not imply an assumpsit for a voluntary service; but if the performance of it has been extorted by compulsion of law, a precedent request by the party served is unnecessary. And the principle holds, though there were no legal obligation binding the plaintiff’s person, the instrument of compulsion being the jeopardy of his property or his rights, as where he pays rent for another, in order to release his own goods from a distress. How was it here? As each party is to pay his own costs on the reversal of a judgment, those paid by the plaintiff were…
2Cited by3 opinions
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