¶1In Landis v. Shaffer, 4 Serg. & Rawle 196, the construction of the arbitration law of the 20th of March 1810, relative to costs, was clearly stated and fixed. The governing principle is, that the appellant shall pay costs unless he succeeds at least partially in the appeal. Where he does succeed partially in the appeal, he is not to pay costs accruing in consequence of the appeal. This is true without regard to the fact whether new evidence be introduced before the jury or not. The court, on motion, would have directed the judgment to be entered for the plaintiff without costs accruing in consequence of the appeal; and it is their duty now to modify the judgment accordingly. The execution must then be adapted to the judgment. It is therefore ordered that the judgment be modified so as to stand for the amount of the verdict, without costs accruing in consequence of the appeal, and that the execution stand according to the judgment thus modified.
1 Miles 9
Carney v. Kenney
Pennsylvania Court of Common Pleas, Philadelphia County
Decided May 15, 1835
Pennsylvania Court of Common Pleas, Philadelphia County · decided 1835-05-15
THIS was an action on the case to March term 1833, No. 431. There was an award of arbitrators in favour of the plaintiff for 230 dollars 83 cents. The defendant appealed ; and on the trial before the jury examined witnesses who had not been called before the arbitrators. There was a verdict for the plaintiff for 82 dollars 87 cents, upon which judgment was entered.
Relies on Landis v. Shaeffer
Decided 1835-05-15