Strein v. Zeigler
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Lancaster county. Michael Strein against George Zeigler’s executors. This was an appeal from the judgment of a justice of the peace; and the following case stated, was agreed on by the parties concerned.
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ERROR to the Common Pleas of Lancaster county. Michael Strein against George Zeigler’s executors. This was an appeal from the judgment of a justice of the peace; and the following case stated, was agreed on by the parties concerned. George Zeigler, the testator of the defendants, made complaint before Thomas Lloyd, Esq., a justice of the peace of Lancaster county, for a forcible entry and detainer against a certain John Wilson, Jr. and Reuben Mullison; upon which such proceedings were had by the justice, that the defendants, Wilson and Mullison, were bound to appear before the next Court of…
1Opinion of the Court
Per Ctjriam.
As the statute of Gloucester gave costs only in civil cases, and as an indictment, though prosecuted by an individual, is the suit of the crown, a prosecutor neither pays nor receives costs by that statute, or the common law. In England, the 25 G. 2. authorizes the courts to order him his costs out of the county treasury, on a conviction of felony; and the 18 G. 3. gives the same authority in cases of acquittal; but neither of these statutes has been in force here. We have indeed had very little legislation on the subject. The statutes of 1791 and 1797 changed the odious common…
2Cited by6 opinions
- Guffy v. CommonwealthSupreme Court of Pennsylvania · 1853
- Commonwealth v. GiaccioChester County Court of Quarter Sessions · 1963
- Commonwealth v. LongLancaster County Court of Quarter Sessions · 1936
- Commonwealth v. MourtonLehigh County Court of Quarter Sessions · 1955
- Shartzer v. Rutter, Pennsylvania Court of Common Pleas, Dauphin County1868
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