Commonwealth ex rel. Freytag v. Commissioners of Philadelphia County
Supreme Court of Pennsylvania
TN this case a rule was granted upon the defendants, to shew cause why a mandamus should not issue, commanding them to pay the bill of Michael Freytag esquire a justice of the peace, for the costs of his attendance in sundry cases, in which he was a witness for the Commonwealth against persons indicted and tried in several courts.
1Opinion of the Court
Tilghman C. J.
delivered judgment.
By the act 23d September 1791, the county pays the costs on all bills returned ignoramus by-the grand jury, and also in all cases where any person "is convicted of an offence punished capitally, or by imprisonment at hard labour, if the defendant hath not property sufficient to discharge the same. By the act 20th March 1797, the county pays costs on all bills of indictment found by the grand jury, where the defendant is acquitted by the petty jury. The commissioners have doubts whether Mr. Freytag is entitled to costs as a witness, being as they suppose…
2Cited by3 opinions
- Starmont v. CumminsMichigan Supreme Court · 1899
- Curtis v. BuzzardSupreme Court of Pennsylvania · 1826
- Commonwealth v. PflaumerBucks County Court of Quarter Sessions · 1930