Leeds v. Loud
Pennsylvania Court of Common Pleas, Philadelphia County
IN this case the defendant filed the following bill of costs,— “ To paid H. Evert’s travelling expenses from Troy, New York, and back, - - - - $30 00 H. Evert’s one day’s attendance as witness, - 50 Exemplification from office of recorder of deeds, - - I 00 “ “ chancery record, N. Jersey, 8 00 “ “ mortgage, &o. from New Brunswick, - - - - 3 50 Expenses of messenger to New Brunswick and Trenton, 8 20 $51 20” The above bill was rejected by the prothonotary on taxation, with…
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IN this case the defendant filed the following bill of costs,— “ To paid H. Evert’s travelling expenses from Troy, New York, and back, - - - - $30 00 H. Evert’s one day’s attendance as witness, - 50 Exemplification from office of recorder of deeds, - - I 00 “ “ chancery record, N. Jersey, 8 00 “ “ mortgage, &o. from New Brunswick, - - - - 3 50 Expenses of messenger to New Brunswick and Trenton, 8 20 $51 20” The above bill was rejected by the prothonotary on taxation, with the exception of one day’s attendance at court by II. Everts, sixty-two and a half cents. The defendant appealed from the…
1Opinion of the Court
*190The opinion of the court was delivered by
Pettit, President.—
There is nothing in the fee bill which will justify the charge of thirty dollars for a witness’s travelling expenses from Troy, in the State of New York, and back. Nor can the court, under their general powers, allow such an item. The practice has been uniform to allow mileage only for each mile circular in travelling to and from the line of our own State, in the usual and ordinary route of travelling between the witness’s place of residence and the place of holding the court. A similar rule has been recognized in Massachusetts in…
2Cited by1 opinion
- Murphy v. LoydSupreme Court of Pennsylvania · 1838