Stewart v. Baldwin

Supreme Court of Pennsylvania

Stewart v. Baldwin

1 Pen. & W. 461

DecidedJune 15, 1830

StatusPublished

This text of 1 Pen. & W. 461 (Stewart v. Baldwin) 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

Stewart v. Baldwin, 1 Pen. & W. 461 (Pa. 1830).

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Opinion

Per Curiam.

We have inquired into the practice since the argument, without having ascertained that there has-been a departure from the provisions of the English statutes, according to which costs are not allowed in. partition; and however unreasonable this may be,-yet costs being exclusively a matter of statutory creation,, it is'plain that the remedy lies not with us, but with the legislature. The judgment for the defendant without costs was therefore regular.

Judgment affirmed.

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Per Curiam.

We have inquired into the practice since the argument, without having ascertained that there has-been a departure from the provisions of the English statutes, according to which costs are not allowed in. partition; and however unreasonable this may be,-yet costs being exclusively a matter of statutory creation,, it is'plain that the remedy lies not with us, but with the legislature. The judgment for the defendant without costs was therefore regular.

Judgment affirmed.

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Bluebook (online)

1 Pen. & W. 461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-baldwin-pa-1830.