Cooper v. Coats

1 Dall. 308

Opinion

The opinion of the Court was afterwards delivered to the following effect:

Shippen, President.

We think this case comes within the express words of the act of Assembly, declaring that costs shall not be recovered; and there is no evidence that the Defendant has entitled himself to the benefit of the exception, by filing a previous affidavit of his belief that the debt exceeded £10.

It is not our meaning, however, when an action is brought for a sum above £10. and the Defendant reduces it to less by a set off, which he might, or might not, have pleaded, that, in such a case, the Plaintiff is not entitled to costs. The reason and justice of the thing, would then be clearly in his favor.

Footnotes

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Judgment for the Plaintiff, but without costs.

See 1 Wils. 19. 2 Stra. 1191. Acc.