Batdorff's Administrators v. Eckert
Supreme Court of Pennsylvania
Error to Common Pleas of Lebanon county. June 23. This was an action on the case brought by George Eckert, the defendant in error, who was plaintiff below, against Thomas L. Batdorff, administrator of John Batdorff, deceased.
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Error to Common Pleas of Lebanon county. June 23. This was an action on the case brought by George Eckert, the defendant in error, who was plaintiff below, against Thomas L. Batdorff, administrator of John Batdorff, deceased. This suit, and three others by different plaintiffs, were commenced at the same time, against the same defendants, and brought to August Term, 1840. They were ail actions on the case, and instituted for the recovery of money paid by the respective plaintiffs, as bail or sureties of Peter Batdorff, on an order which issued to him out of the Orphans’ Court of Lebanon…
1Opinion of the CourtRogers, J.
The daily pay allowed by the fee-bill for the attendance of witnesses at court, is intended as a compensation; and when they have received that, they are entitled to no more. And this is the foundation of the judgment in Curtis v. Buzzard, 15 Serg. & Rawle, 22, and Homer v. Harrington, 6 Watts, 336, which rule this case. The decree of the Common Pleas here, allows the witnesses pay for four days’ attendance, instead of one, in direct opposition to the cases cited. This indeed is a stronger case than those ruled, for here no difficulties arise as to the apportionment, as *269all the costs are to…
2Cases cited1 opinion
- Horner v. HarringtonSupreme Court of Pennsylvania · 1837
3Cited by2 opinions
- Commonwealth v. GillSuperior Court of Pennsylvania · 1981
- Commonwealth v. GillSuperior Court of Pennsylvania · 1981