Lewis v. England
Supreme Court of Pennsylvania
In Error. Upon a writ of error to the Common Pleas of Centre county, the case was thus: England, the plaintiff below, brought assumpsit upon a book account against Lewis, before a justice of the peace. The cause was in this stage submitted to referees, who awarded in favor of the plaintiff, the sum of forty-eight dollars and thirty-six cents, with costs, upon which the magistrate rendered a judgment.
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In Error. Upon a writ of error to the Common Pleas of Centre county, the case was thus: England, the plaintiff below, brought assumpsit upon a book account against Lewis, before a justice of the peace. The cause was in this stage submitted to referees, who awarded in favor of the plaintiff, the sum of forty-eight dollars and thirty-six cents, with costs, upon which the magistrate rendered a judgment. Lewis appealed to the Common Pleas, where the cause was compulsorily referred to arbitrators, under the act of 29th March 1809; and their award was in favor of the plaintiff for twenty dollars,…
1Opinion of the Court
Tilghman O. J.
In this case two points are to be decided. 1. Whether a writ of error lies. 2. Whether the judgment is good so far as it respects the costs.
1. The reason assigned against a writ of error is, that the act of assembly gives no remedy, but by appeal to the Court of Common Pleas. The case does not stand exactly on the footing of an award filed in the office of the prothonotary with no farther proceedings on it, because the matter was taken up on motion in the Court of Common Pleas, and that court have expressly given a judgment for the amount of the debt and costs awarded by the…
2Cases cited2 opinions
- Guier v. M'Faden, Pennsylvania Court of Common Pleas, Philadelphia County1809
- M'Laughlin v. ScotSupreme Court of Pennsylvania · 1803
3Cited by12 opinions
- Caldwell v. MillerSupreme Court of Pennsylvania · 1863
- Stewart v. GrierSuperior Court of Delaware · 1886
- Painter v. KistlerSupreme Court of Pennsylvania · 1868
- Lentz v. StrohSupreme Court of Pennsylvania · 1820
- Hinds v. KnoxSupreme Court of Pennsylvania · 1819
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