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5 Watts 292

Smith v. Sharp

Supreme Court of Pennsylvania

Decided June 15, 1836

Supreme Court of Pennsylvania · decided 1836-06-15

Sharp, the defendant in error, obtained a judgment in the common pleas against Smith; upon which Smith took a writ of error and reversed the judgment, and no venire de novo was awarded ; whereupon he returned the record and issued a fieri facias against the plaintiff to recover his costs; which the court below set aside. cited 1 Penns. Prac. 229; Russell v. Gray, 6 Serg. & Rawle 208. cited 1 Chit.

Cited by 1 later decisions — most recently December 1918

1 district ·

Good law ✅— No negative treatment on recordhow we know

Decided 1836-06-15

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•Per Curiam.

¶1Arrest of judgment has not the effect of giving the defendant costs; and it would be curious if he might entitle himself by procuring an equivalent for it in the court above. Such a con*293sequence would be an irresistible temptation to useless litigation and expense. On a simple reversal there is no award of execution except for purposes of restitution. The parties are left where they began, the case not being provided for by the statute of Gloucester, or any other which gives costs.

¶2Affirmed.

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