Stewart v. Mitchell's Administrators
Supreme Court of Pennsylvania
IN ERROR. This writ of error was taken out by the defendants below, John Stewart and Samuel Redett, against the administrators of Jlndrew Mitchell, the plantiffs below, with a view to the judgment of the Court of Common Pleas, awarding costs to the plaintiffs below.
1Per curiam
The only question in this case is, whether the administrators of Jlndrew Mitchell, who were plaintiffs below, were entitled to recover costs. Judgment was entered on a bond with warrant of attorney, in the penalty of five hundred dollars; but the plaintiff recovered less than one hundred dollars.
By the act of the 20th of March, 1S10, section 26, 5 Sm. L., 172, if any person shall commence a suit, for any debt made cognizable by a justice of the peace, iu any other manner than is di*288rected by the said act, and shall obtain a verdict and judgment, which, without costs, shall not amount to more…