Spear v. Jamieson
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Franklin county, in a suit brought to April Term, 1809. Jamieson, the plaintiff below, brought an action against Spear, the defendant, in which he claimed a balance of upwards of 400 dollars, for work, labour, and services, principally for making coal for the defendant’s ironworks.*' The cause was submitted to arbitrators, under the compulsory arbitration act, and a report made in favour of the plaintiff for 100 dollars.
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In Error. ERROR to the Common Pleas of Franklin county, in a suit brought to April Term, 1809. Jamieson, the plaintiff below, brought an action against Spear, the defendant, in which he claimed a balance of upwards of 400 dollars, for work, labour, and services, principally for making coal for the defendant’s ironworks.*' The cause was submitted to arbitrators, under the compulsory arbitration act, and a report made in favour of the plaintiff for 100 dollars. From this report the defendant appealed. The cause was afterwards referred to arbitrators by consent of the parties, and an award made…
1Opinion of the Court
Tilghman C. J.
(After stating the case.)- It is not contended by the counsel- for the plaintiff in error, that the refe*532rees had a right to deprive the plaintiff of any part of his costs, if the amount of the sum awarded carried costs. But they rely on the act of assembly of 27th March, 1804, which denies costs to a plaintiff recovering not more than 100 dollars, unless he makes affidavit, at the commencement of his action, that he believes he has a right to recover more than 100 dollars. It is well settled, that although the plaintiff does not recover more than 100 dollars, he shall have his…
2Cited by1 opinion
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