Legal Opinion

Steele v. Lineberger

Supreme Court of Pennsylvania

Decided November 15, 1872No. 68PublishedCited by 20 opinions

Error to the Court of Common Pleas of Armstrong county: Of October and November Term 1872, No. 68. To June Term of the Court of Common Pleas Mary A. Steele issued a scire facias sur judgment against John Lineberger and wife and S. 0- Steele and wife; also against A. L. Campbell and a number of other defendants. Appearances were entered for Lineberger and wife and Steele and wife by one attorney, and by another attorney for A. L. Campbell.

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Error to the Court of Common Pleas of Armstrong county: Of October and November Term 1872, No. 68. To June Term of the Court of Common Pleas Mary A. Steele issued a scire facias sur judgment against John Lineberger and wife and S. 0- Steele and wife; also against A. L. Campbell and a number of other defendants. Appearances were entered for Lineberger and wife and Steele and wife by one attorney, and by another attorney for A. L. Campbell. No appearance was entered for the other parties. The appearing defendants pleaded “ Nul tiel record,” payment, &c. On the 4th of June 1868, a jury having…

1Opinion of the Court

The opinion of the court was delivered, by

Sharswood, J.

— At common law no final costs were recoverable by either plaintiff or defendant. The right to them depends, therefore, entirely upon statute. In Dibben v. Cooke, 2 Strange 1005, and Queen v. Danvers, 1 Salk. 194, it was considered as settled by older decisions, that under the English statutes prior to 8 and 9 Wm. III., c. 2, if one of several defendants is acquitted, he is not entitled to his costs, the courts having construed, under the principle of construction to be presently adverted to, those statutes where they used the word “…

2Cases cited1 opinion

  1. Maus v. MausSupreme Court of Pennsylvania · 1840

3Cited by20 opinions

  1. Lucchino v. CommonwealthSupreme Court of Pennsylvania · 2002
  2. Tunison v. CommonwealthSupreme Court of Pennsylvania · 1943
  3. Richmond v. Pennsylvania Higher Education Assistance AgencyCommonwealth Court of Pennsylvania · 1972
  4. Walker v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1942
  5. Commonwealth v. GiaccioSupreme Court of Pennsylvania · 1964

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