Horner v. Harrington
Supreme Court of Pennsylvania
WRIT of error to the common pleas of Luzerne county. Joseph P. Horner and Son, against C. L. Harrington. Case stated in the nature of a special verdict. The defendant having filed a bill of costs in this case, to which the plaintiffs have excepted, it is hereby agreed, that the following facts be a case stated for the opinion of the court, with leave to either party to take a writ of error.
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WRIT of error to the common pleas of Luzerne county. Joseph P. Horner and Son, against C. L. Harrington. Case stated in the nature of a special verdict. The defendant having filed a bill of costs in this case, to which the plaintiffs have excepted, it is hereby agreed, that the following facts be a case stated for the opinion of the court, with leave to either party to take a writ of error. This suit and three other actions by different plaintiffs were commenced at the same time to April term 1834; John Flanagan v. C. L. Harrington, No. 176, T. & J. Wood & Co. v. C. L. Harrington, 177,…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The question presented by the first error assigned is; has the defendant, against whom four several suits had been brought in the same court to the same term, by as many different plaintiffs, where all the suits were set down for trial at the same term, in each of which he subpoenaed and had the same persons attending as witnesses, after having succeeded in each case, a right to recover from the plaintiffs, severally, therein the per diem allowed by law, to his witnesses for their attendance as such at court, so as to give him four times the…
2Cases cited1 opinion
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