City of Philadelphia v. Kelly
Superior Court of Pennsylvania
Appeal, No. 137, Oct. T., 1923, by defendants, from the decree of O. P. No. 1, Phila. Co., Dec. T., 1873, No. 309, sustaining plaintiff’s appeal from taxation of costs by Prothonotary in the ■case ®f City of Philadelphia, to Use of Jacob M. Peters v. J. Kelly, George D. B. Kelly, Samuel M. McDowed, Harriet T. Wright and Thomas B. Gibb, Executor of J. McGregor Gibb, Deceased. Appeal from taxation of costs by Prothonotary.
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Appeal, No. 137, Oct. T., 1923, by defendants, from the decree of O. P. No. 1, Phila. Co., Dec. T., 1873, No. 309, sustaining plaintiff’s appeal from taxation of costs by Prothonotary in the ■case ®f City of Philadelphia, to Use of Jacob M. Peters v. J. Kelly, George D. B. Kelly, Samuel M. McDowed, Harriet T. Wright and Thomas B. Gibb, Executor of J. McGregor Gibb, Deceased. Appeal from taxation of costs by Prothonotary. Before Shoemaker, P. J. The facts are stated in the opinion of the Superior Court. The court sustained the appeal and struck off the judgment for costs. Defendants appealed.
1Opinion of the Court
Opinion by
Keller, J.,
It is immaterial in this appeal that at the time the municipal lien was filed (January 16, 1874), and the original scire facias thereon was issued, (November 16, 1878), and the verdict therein was rendered, (September 23,1881), the expense of printing paper books in the appellate courts formed no part of the taxable costs in the case. When the defendant appealed from the order of the court below refusing to quash the alias writ of scire facias and strike off the judgment entered therein, (June 15,1915), the law as respects such costs had been changed and the appeal was…
2Cases cited8 opinions
- Matthews v. Tyrone Coal Co.Superior Court of Pennsylvania · 1920
- Smead v. StuartSupreme Court of Pennsylvania · 1900
- Becker v. GoldschildSuperior Court of Pennsylvania · 1898
- Philadelphia v. KellySuperior Court of Pennsylvania · 1916
- McGibbeny v. Jefferson Gas Co.Supreme Court of Pennsylvania · 1891
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3Cited by2 opinions
- Taged, Inc. v. Zoning Board of Adjustment & ShieldsCommonwealth Court of Pennsylvania · 1972
- Cockcroft v. Metropolitan Life InsurancePennylvania Municipal Court, Philadelphia County · 1938