Legal Opinion

M'Laughlin v. Scot

Supreme Court of Pennsylvania

Decided September 15, 1803PublishedCited by 2 opinions

THIS cause was referred under a rule of court, and the referees awarded for the plaintiff the sum of ninety-one dollars thirty cents, and costs of suit. The rule contained no provision that costs should abide the event of the suit, and the prothonotary taxed the plaintiff his full costs.

1Per curiam

It has been over and over again decided that the party takes costs if the referees give them to him; provided their authority is not limited by a special agreement. (a)

Kyd on Awards 134.

2Cited by2 opinions

  1. Lewis v. EnglandSupreme Court of Pennsylvania · 1811
  2. Lewis v. EnglandSupreme Court of Pennsylvania · 1811