Howard Building & Loan Ass'n ex rel. Budd v. Philadelphia & Reading Railroad
Supreme Court of Pennsylvania
• Error to the Court of Common Pleas, No. 3, of Philadelphia county : Of January Term 1883, No. 96. Attachment execution, by The Howard Building and Loan Association against Samuel S. Wismer, defendant, and The Philadelphia and Reading Railroad Company, garnishee.
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• Error to the Court of Common Pleas, No. 3, of Philadelphia county : Of January Term 1883, No. 96. Attachment execution, by The Howard Building and Loan Association against Samuel S. Wismer, defendant, and The Philadelphia and Reading Railroad Company, garnishee. The judgment under which this attachment execution was issued was obtained as follows : The Eoward Building and Loan Association entered up judgment on bond and warrant of Samuel S. Wismer, June 14th 1873. In the warrant the defendant waived “ all benefit that might accrue to him by virtue of any and every law, made or to be made,…
1Opinion of the CourtChief Justice Mercur
The-main contention in this case involves the right of the plaintiff in a judgment, to-his .bill of costs, taxed.therein.
Costs of the party must not be confounded with fees of the officer. They are, for many purposes, essentially different : Ramsey v. Alexander, 5 S. & R. 344. Costs are an- allowance to a- party tor expenses incurred in conducting his suit: fees are compensation to an officer for services rendered in the progress of the cause: Musser et al. v. Good et al., 11 Id. 247. The plaintiff in a judgment, whether he be plaintiff or defendant in the action, collects the officers’.fees…
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