Kerr v. Sun Co.
Superior Court of Pennsylvania
Appeal, No. 190, Oct. T., 1906, by defendant, from order of C. P. Del. Co., Sept. T., 1903, No. 225, affirming taxation of costs in case of Maggie S. Kerr v. Sun Company. Appeal from protlionotary’s taxation of costs. Before Johnson, P. J. The prothonotary taxed the costs of serving subpcenas on witnesses in accordance with the act of July 11, 1901. The court sustained the taxation. Error assigned was the order of the court.
1Opinion of the Court
Per Curiam,
The only complaint of the defendant presented by this appeal is, that the court erred in taxing the plaintiff’s cost for serving subpcenas upon his witnesses in accordance with the Act of July 11, 1901, P. L. 663, and in not taxing them in accordance with the Act of April 2, 1868, P. L. 3. Neither of these acts contains any express provision as to the fees for serving subpoenas, either of the common pleas or quarter sessions, except that which fixes the fees of the sheriff. But it was well settled by decisions prior to the act of 1901 that if service of such subpoenas was made by a…
2Cases cited6 opinions
- McCallister v. Armstrong CountySuperior Court of Pennsylvania · 1899
- Kottcamp v. York CountySuperior Court of Pennsylvania · 1905
- Lenhart v. Cambria CountySupreme Court of Pennsylvania · 1906
- Lenhart v. Cambria CountySuperior Court of Pennsylvania · 1905
- McClain v. Lawrence CountySuperior Court of Pennsylvania · 1900
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