Weinberger v. Friedman

Lackawanna County Court of Common Pleas

Weinberger v. Friedman

14 Pa. D. & C. 510, 1930 Pa. Dist. & Cnty. Dec. LEXIS 458

CourtPennsylvania Court of Common Pleas, Lackawanna County

DecidedMarch 7, 1930

DocketNo. 243

StatusPublished

This text of 14 Pa. D. & C. 510 (Weinberger v. Friedman) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lackawanna County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Weinberger v. Friedman, 14 Pa. D. & C. 510, 1930 Pa. Dist. & Cnty. Dec. LEXIS 458 (Pa. Super. Ct. 1930).

Pincite

Opinion

Newcomb, P. J.,

The question is on the regularity of the proceedings had by a justice of the peace.

On plaintiff’s claim of $50 judgment was entered against defendant “for the sum of $50 and $8.50 costs.”

This was erroneous. Costs are recoverable only as an incident to a judgment. They can not be both an incident to and also an integral part of the judgment debt: Garey and Pender v. Redmond, 4 Lacka. Jurist, 52.

This ground of objection is fatal and the other exceptions may be disregarded.

Judgment reversed.

From William A. Wilcox, Scranton, Pa.

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