
    DAVID RANKIN against JEREMIAH MURRY.
    IN ERROR.
    On an appeal from a justice of tlie peace, and a verdict and judgment rendered for the plaintiff for a sum less than one hundred dollars, the judgment will not be reversed, although the damages laid in the declaration be two hundred dollars..
    If a plaintiff obtains a verdict for a less sum than the award of arbitrators from which the defendant appealed, he is not entitled to recover the costs which accrued subsequently to the appeal*
    Error to Allegheny county.
    
      Jeremiah Murry instituted this suit before a justice of the-peace, and obtained a judgment against the defendant, David' Rankin, for #97, from which the defendant appealed; a narr in assumpsit was filed, and the damages laid at $>200. The cause was referred under the compulsoiy arbitration law, and an award made in favour of the-plaintiff for $100' 91;' from which the defendant again appealed, and paid the costs. The cause was after-wards tried by a jury, and a verdict and judgment were given for the plaintiff for $38 07, upon which he issued a Fi Fa for the amount of the judgment and full costs: to reverse which the. defendant sued out this writ, and assigned the following errors.
    1. The damages laid- in the declaration shews the want of jurisdiction in a justice, before whom the cause originated.
    2. The plaintiff is not entitled to recover costs, the verdict being for a less sum than-the award of the arbitrators.
    
      Fetterman for plaintiff in error.
    
      Burke for defendant in error.
   Judgment reversed as to the costs which accrued subsequently to the appeal from the award of arbitrators; affirmed as to-the residue.  