McCafferty v. Crew
Citations
- 153 Pa. 311
- 25 A. 833
- 1893 Pa. LEXIS 1099
Syllabus
<p>Costs under act of March 20,1810 — Affidavit—Assumpsit—Practice, C. P.</p> <p>A special count in a declaration upon the promises of defendants to use due care and diligence in the use of an alley, and to pay plaintiff for any loss or damage to any of his property “ by reason of the said defendants taking, rolling, fetching, carrying and drawing the said barrels of oil over and along the said alloy, whenever they, the said defendants, should be thereunto afterwards requested,” is strictly in assumpsit, and comes within the act of March 20, 1810, P. L. 161, which deprives plaintiff of costs where the judgment is for less than one hundred dollars and plaintiff has failed to file an affidavit that he believed the debt or damages sustained exceeded one hundred dollars.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “there is no judicial authority to rewrite laws for the purpose of improving them or to restructure them in accordance with what might have been the hopes of nonlegislative advocates.”
- “[T]here is no judicial authority to rewrite laws for the purpose of improving them or to restructure them in accordance with what might have been the hopes of nonlegislative advocates.”
- “[J]udicial rewriting I however well intended [is] not legally warranted.”
- “[J]udicial rewriting ... however well intended [is] not legally warranted.”
- “[J]udicial rewriting I however well intended [is] not legally warranted.”
- “[J]udicial rewriting I however well intended [is] not legally warranted.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Dean, Green, McCollum, Mitchell, Paxson, Sterrett, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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