Sottile v. Commonwealth

Shettig, J.,

— After the testimony in the above action was concluded, a juror was withdrawn and the case continued for improper remarks made by the attorney for plaintiffs during his sum*519mation. Following this, plaintiffs filed a bill of costs to which defendant filed exceptions. These exceptions raise three questions: First, are plaintiffs entitled to witness fees and mileage for the continued trial where action of their counsel caused the continuance; second, are plaintiffs entitled to tax as costs the constable fee for serving a subpoena duces tecum on a prospective witness who was never…