McCulla v. Opple

By the Court.

The motion to quash the appeal in the above case is predicated on the fact that after the costs were paid by the appellant, his counsel notified the prothonotary not to pay over the money, on the ground that he excepted to the bill of costs. The officer was not requested to tax the costs, as should have been done if it was desired to raise a question as to their validity, but a general order was given to retain the money in his hands. This order the officer need not regard, but should have paid out the costs the same as though it had not been given. The Supreme Court in Duffie v.…