Shuey v. Bitner
Supreme Court of Pennsylvania
■ ERROR to the Common Pleas of Lebanon county. Jacob Bitner against Christian Shuey. In this case the defendant appealed from a judgment against him before a justice of the peace, and at the same time appealed from two other judgments against him before the same justice at the suit of other plaintiffs. The three suits, in which there were three different plaintiffs, were marked for trial at the same term. The defendant subpoenaed the same witnesses in the three suits.
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■ ERROR to the Common Pleas of Lebanon county. Jacob Bitner against Christian Shuey. In this case the defendant appealed from a judgment against him before a justice of the peace, and at the same time appealed from two other judgments against him before the same justice at the suit of other plaintiffs. The three suits, in which there were three different plaintiffs, were marked for trial at the same term. The defendant subpoenaed the same witnesses in the three suits. When the causes were ordered to be tried, the three plaintiffs severally suffered nonsuits. The defendant filed his bill of…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
It seems to have been the practice, in some counties, under the Act of the 20th of March 1810, to charge a counsel fee of |4 in addition to a judgment fee, and 50 cents per day for every day the party attended on the appeal. Without deciding on the propriety of this construction, we are of opinion that since the Act of 1833 there is no foundation for any such practice. The latter Act, which alters and supplies the former, repeals so much as allows a counsel fee and daily pay. This point, we conceive, is virtually decided in Lindsey v. Corah,…
2Cases cited1 opinion
- Lindsey v. CorahSupreme Court of Pennsylvania · 1838