Ewing v. Byers

Supreme Court of Pennsylvania

Ewing v. Byers

2 Yeates 128

DecidedOctober 15, 1796

StatusPublished

This text of 2 Yeates 128 (Ewing v. Byers) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ewing v. Byers, 2 Yeates 128 (Pa. 1796).

Pincite

Opinion

Where a plaintiff'has taken a rule for trial by a struck jury, and has not proceeded thereon, he is not entitled to the costs of the term.

This cause had been removed by certiorari. The plaintiff had taken a rule for trial by special jury in the Court of Common Pleas, which still subsisted. No jury had been struck, and the defendant put off the trial on a legal ground. The plaintiff moved for the costs of the term, which ivas refused by the court, the plaintiff having taking no steps in pursuance of his rule. The bar declared this to be the practice.

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Where a plaintiff'has taken a rule for trial by a struck jury, and has not proceeded thereon, he is not entitled to the costs of the term.

This cause had been removed by certiorari. The plaintiff had taken a rule for trial by special jury in the Court of Common Pleas, which still subsisted. No jury had been struck, and the defendant put off the trial on a legal ground. The plaintiff moved for the costs of the term, which ivas refused by the court, the plaintiff having taking no steps in pursuance of his rule. The bar declared this to be the practice.

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Bluebook (online)

2 Yeates 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ewing-v-byers-pa-1796.