Smith v. Sharp

Supreme Court of Pennsylvania

Smith v. Sharp

5 Watts 292

CourtSupreme Court of Pennsylvania

DecidedJune 15, 1836

StatusPublished

Cited by4 cases

This text of 5 Watts 292 (Smith v. Sharp) 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

Smith v. Sharp, 5 Watts 292 (Pa. 1836).

Pincite

Opinion

•Per Curiam.

Arrest 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[293]*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.

Affirmed.

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•Per Curiam.

Arrest 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[293]*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.

Affirmed.

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Bluebook (online)

5 Watts 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-sharp-pa-1836.

Opinion

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