Phillips v. Radio Anthracite, Inc.

Valentine, P. J.,

for the court en banc,

This is an appeal by defendant from the deci*430sion of the prothonotary of this county, refusing to tax costs against plaintiff.

Plaintiff sued to recover salary allegedly due from defendant. Upon the trial of the case, on December 9, 1947, plaintiff suffered a voluntary nonsuit. On January 2,1948, defendant filed a bill of costs to which plaintiff filed exceptions. Upon hearing by the prothonotary of a rule to retax the costs, the bill of costs was sustained in part and dismissed in part. Both parties appealed. By decision of this court, through Judge…