Green v. Patterson

Citations

• 3 Pa. Super. 354
• 1897 Pa. Super. LEXIS 22

Syllabus

<p>Actions ex contractu — Stipulation against a tort.</p> <p>A contract may stipulate against the commission of a tort and upon its breach an action ex contractu lies.</p> <p>Costs — Claims under $100 — Form of action — Substance of claim.</p> <p>The right of exemption from costs under the statute cannot be defeated by plaintiff’s erroneous proceedings, whether intentional or by mistake. The important question is not the form of action, but the nature of the plaintiff’s demand.</p> <p>Jurisdiction — Practice, C. P.— Costs — Verdict under $100.</p> <p>Plaintiff cannot recover costs where the verdict was less than $100, he having failed to file the affidavit required by the act of 1810.</p> <p>Where although the writ was in trespass, the statement was in assumpsit and the plea not guilty, it appearing that the nature of action was clearly in assumpsit, the irregularity of the writ and pleadings was cured by the verdict, and the verdict being below $100 the plaintiff’s right to recover costs falls, he having failed to file the requisite affidavit.</p>