Legal Opinion

Appeal of Orbison

Supreme Court of Pennsylvania

Decided May 21, 1888No. 57PublishedCited by 2 opinions

July Term, 1888, No. 57, E. D., Appeal from a decree of the Common Pleas of Bedford County, confirming an auditor’s report in proceedings to tax costo. The facto were as follows: September 15, 1884, the Bedford County Bank, which was the firm name of a partnership composed of the appellants, suspended business. September 25, 1884, thirty-four suits were instituted by that number of creditors against the partners.

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July Term, 1888, No. 57, E. D., Appeal from a decree of the Common Pleas of Bedford County, confirming an auditor’s report in proceedings to tax costo. The facto were as follows: September 15, 1884, the Bedford County Bank, which was the firm name of a partnership composed of the appellants, suspended business. September 25, 1884, thirty-four suits were instituted by that number of creditors against the partners. The writs were placed in the hands of Sheriff Enfield, who served them on the 26th of September, 1884, and made the following return on each writ, to wit: “September 26, 1884, writ…

1Per curiam

No appeal lies to this court from a taxation of costs by the common pleas. McCauley’s Appeal, 86 Pa. 187.

In this case there was a reference to an auditor to ascertain the sheriff’s costs for serving certain writs of summons. No judgment had been entered in any of the eases. The, whole proceeding has a novel appearance, but as no appeal lies to this court, we are not called upon to express an opinion regarding it.

Appeal quashed, at the costs of the appellants.

2Cases cited1 opinion

  1. McCauley's AppealSupreme Court of Pennsylvania · 1878

3Cited by2 opinions

  1. Hartley v. WeidemanSuperior Court of Pennsylvania · 1905
  2. Weiss v. Succ'n. of MonteleoneLouisiana Court of Appeal · 1922

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