Flisher v. Allen
Supreme Court of Pennsylvania
APPEAL BY PLAINTIEE PROM THE COURT OP COMMON PLEAS NO. 4 OP PHILADELPHIA COUNTY. January Term 1891, Sup. Ct.; court below, No. 208 March Term 1888, C. P. No. 4. On March 3, 1888, Isaac K. Flisher brought trespass against George Allen, Jr. Issue.
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APPEAL BY PLAINTIEE PROM THE COURT OP COMMON PLEAS NO. 4 OP PHILADELPHIA COUNTY. January Term 1891, Sup. Ct.; court below, No. 208 March Term 1888, C. P. No. 4. On March 3, 1888, Isaac K. Flisher brought trespass against George Allen, Jr. Issue. At the trial, on October 21, 1889, the jury returned a verdict for the plaintiff for $250. On October 25th, each party filed a motion for a new trial, and on October 31st, the plaintiff’s bill of costs was filed, amounting to $215.49. This bill embraced costs of witnesses in attendance October 15-19, 1888, March 26-29, 1889, and at other dates…
1Opinion of the Court
Per, Curiam:
The eighth assignment of error is aimed at the rule of the court below, adopted March 8, 1889. It alleges that said rule is contrary to law. It may be conceded that if it denies the plaintiff’s right to costs, it is not only unreasonable, but unlawful. We fail to see, however, that it denies such right. It is a rule of practice merely, and was evidently intended to prescribe the mode of ascertaining the amount of the costs due the successful party. The power of the Court of Common Pleas *528to adopt rules of practice, is too well settled to be now questioned. The only limitation of…
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