Caldwell v. Miller
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. In an action of ejectment, brought in the court below, against George Miller and others; the court, on motion of defendants’ ■counsel, appointed C. Snively, Esq., a surveyor “to survey the premises in dispute, and to make the necessary plots, or diagrams, according to the rule of this court in such case made and provided.”
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Error to the District Court of Allegheny county. In an action of ejectment, brought in the court below, against George Miller and others; the court, on motion of defendants’ ■counsel, appointed C. Snively, Esq., a surveyor “to survey the premises in dispute, and to make the necessary plots, or diagrams, according to the rule of this court in such case made and provided.” The plaintiff having neglected or refused to file an abstract of his title and statement of his claim in the case as required by the rules of the District Court, judgment of nonsuit was entered against him. Bills of costs…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
It is said to be a settled rule that statutes giving costs are to be considered in their nature penal, to be strictly construed: Yeates, J., 4 Binn. 13, citing 2 Stra. 1105, and 3 Burr. 1287. There are cases in which juries may exceed the rule of the statute for the costs, as in slander, where, although they may find less than forty shillings damages, yet they may find full costs.
I have not been able to find any case in the common law courts where compensation to artists or surveyors has been allowed to be taxed. Our fee bills of 1814-1821…
2Cases cited3 opinions
- Lewis v. EnglandSupreme Court of Pennsylvania · 1811
- Same v. SameSupreme Court of Pennsylvania · 1836
- Murphy v. LoydSupreme Court of Pennsylvania · 1838
3Cited by9 opinions
- Julius King Optical Co. v. Royal InsuranceSuperior Court of Pennsylvania · 1904
- Webster v. Hopewell BoroughSuperior Court of Pennsylvania · 1902
- Incorporation of WayneSuperior Court of Pennsylvania · 1900
- Commonwealth v. BaughmanWestmoreland County Court of Quarter Sessions · 1934
- Cooper's EstatePennsylvania Orphans' Court, Philadelphia County · 1929
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