Becker v. Goldschild
Superior Court of Pennsylvania
Appeal, No. 111, Oct. T., 1898, by-plaintiff, from decree of C. P. No. 2, Phila. Co., Dec. T., 1896, No. 35, discharging rule to vacate and set aside execution. Rule to vacate and set aside execution. Before the court in banc. It appears from the record that an action of trespass was begun by capias ad respondendum.
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Appeal, No. 111, Oct. T., 1898, by-plaintiff, from decree of C. P. No. 2, Phila. Co., Dec. T., 1896, No. 35, discharging rule to vacate and set aside execution. Rule to vacate and set aside execution. Before the court in banc. It appears from the record that an action of trespass was begun by capias ad respondendum. The original writ was quashed, thereupon a fi. fa. was issued against the plaintiff for costs without costs previously having been taxed and the court subsequently refused the rule granted on the plaintiff on the petition and discharged the rule to show cause why the writ of fi.…
1Opinion of the Court
Opinion by
Smith, J.,
This action of trespass was commenced by capias ad respondendum, to which the defendant entered bail. A rule to show cause of action and to quash the writ was granted and, after hearing, the writ was quashed; but no order relating to the costs was made. An execution for costs was issued against the plaintiff, who thereupon obtained a rule to have it vacated, on the ground that, although the court had quashed the capias, no costs had been taxed in the case. It was not alleged that the amount of costs for which the execution issued was excessive or that any of the items were…
2Cited by4 opinions
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- City of Philadelphia v. KellySuperior Court of Pennsylvania · 1923
- Irwin v. HessSuperior Court of Pennsylvania · 1899
- Trestrail v. Mendel, Pennsylvania Court of Common Pleas, Delaware County1929