Black's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Luzerne county: Of January Term, 1884, No. 426. This was an appeal by F. G. Black from an order of said court, directing that one half the costs incurred in a feigned issue awarded by the court, to test the ownership of certain money which had been attached in the hands of a garnishee, and paid into court, be paid by the plaintiff, and the other half be paid by the defendant.
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Appeal from the Court of Common Pleas of Luzerne county: Of January Term, 1884, No. 426. This was an appeal by F. G. Black from an order of said court, directing that one half the costs incurred in a feigned issue awarded by the court, to test the ownership of certain money which had been attached in the hands of a garnishee, and paid into court, be paid by the plaintiff, and the other half be paid by the defendant. The verdict in said feigned issue was in favor of the defendant. • The facts of the ease are fully set foi'th in the opinion of the court below, Woodward, J., as follows: William…
1Opinion of the CourtJustice Sterrett
In the feigned issue to determine which of the two claimants was entitled to the fund in court, the verdict and judgment were in favor of the defendant, who thereupon filed his bill of costs amounting to $274.43. On application of plaintiff in the issue, the court ordered “ that one half of the costs, including witness fees on both sides, be paid by the plaintiff, and the other half by the defendant.” From that order the defendant appealed, and his contention is, that the costs being an incident of the judgment the court had no power to impose any part thereof on him.
No question is raised as…
2Cases cited1 opinion
- Snyder v. KunklemanSupreme Court of Pennsylvania · 1834
3Cited by11 opinions
- Richmond v. Pennsylvania Higher Education Assistance AgencyCommonwealth Court of Pennsylvania · 1972
- Clarke & Cohen v. Real Ex Rel. Stroudsburg Nat. BankSuperior Court of Pennsylvania · 1931
- Hartley v. WeidemanSuperior Court of Pennsylvania · 1905
- SCHULTZ v. Mountain Telephone Co.Supreme Court of Pennsylvania · 1950
- Kojeszewski v. Brigantine Castle & Amusement Corp.Superior Court of Pennsylvania · 1982
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