Same v. Same
Supreme Court of Pennsylvania
The costs of the plaintiff in this case having been taxed by the Prothonotary, an appeal was taken from his decision. The material exceptions were as follows: 1. To the allowance of the costs of a Bill to perpetuate testimony. 2. To the allowance of “ witness fees” to members of the bar practising in the Supreme Court. 3. To the allowance of “ witness fees” for persons whose names were placed in the subpoenas after they had issued, and without the knowledge of the…
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The costs of the plaintiff in this case having been taxed by the Prothonotary, an appeal was taken from his decision. The material exceptions were as follows: 1. To the allowance of the costs of a Bill to perpetuate testimony. 2. To the allowance of “ witness fees” to members of the bar practising in the Supreme Court. 3. To the allowance of “ witness fees” for persons whose names were placed in the subpoenas after they had issued, and without the knowledge of the Prothonotary; such persons not having been examined on the trial. 4. To the allowance of fees for serving subpoenas on persons…
1Per curiam
The costs of the bill to perpetuate testimony must be struck out, as not having been incurred in the cause, but in a distinct proceeding. The plaintiff may yet have the benefit of the evidence against some one else, as amply as she has had it, against the defendant; and it is unfair that he alone should bear the expense of it. The charge for the attendance, as witnesses, of gentlemen of the profession, who are in contemplation of law, always present in courts, where they actually practice, must also go out. So, also, the charge for the attendance of witnesses before the Prothonotary, at the…
2Cited by6 opinions
- Caldwell v. MillerSupreme Court of Pennsylvania · 1863
- Flaacke v. Mayor of Jersey CityNew Jersey Court of Chancery · 1880
- Bonetti v. Northwest Polish American Citizens Ass'n, Pennsylvania Court of Common Pleas, Philadelphia County1954
- Burrell v. Bolling, Pennsylvania Court of Common Pleas, Westmoreland County1933
- Dodd v. LewisMassachusetts Supreme Judicial Court · 1813
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