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3 Yeates 559

Wolff v. Turner

Supreme Court of Pennsylvania

Decided September 15, 1803

Supreme Court of Pennsylvania · decided 1803-09-15

Suit' for marrying an apprentice who was a minor, without the master’s consent. The plaintiff was nonsuit on the trial. moved,'that the costs of the Court of Common Pleas only should be taxed against his client. A declaration had been filed, and the cause put to issue two terms in Philadelphia county, before the defendant removed it by ha-beas corpus, which was contrary to the 7th section of the act of 25th September 1786. 2 St. Laws 473.

Decided 1803-09-15

¶1The court stopped Mr. M. Levy, who was proceeding to repel the motion. It is immaterial now after trial who removed the cause, or when. The objection should have been taken at the time of the writ put in, according to the act of 1786, or at least a procedendo should have been moved for in this court before trial.

¶2The law of 1767, does not provide for this case. Under that act a defendant pays double costs, where a defendant removes a cause wherein the debt or damages recovered shall not amount to the sum of 50I. But here the plaintiff recovered nothing. He’had no cause of action and became nonsuit.

¶3Motion denied.

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