Neel v. Neel
Supreme Court of Pennsylvania
In Equity. — Appeal from the taxation of costs by the District Court of Allegheny county. In this case, there were bill, answers, replications, and evidence, and the decree of the District Court affirmed on appeal to this court, at September Term, 1852, with costs,- and reported in 7 Harris, p. 323, to which reference is made for the facts.
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In Equity. — Appeal from the taxation of costs by the District Court of Allegheny county. In this case, there were bill, answers, replications, and evidence, and the decree of the District Court affirmed on appeal to this court, at September Term, 1852, with costs,- and reported in 7 Harris, p. 323, to which reference is made for the facts. On the 4th of October, 1853, defendant filed a bill of costs for $187.77, which was taxed October 18, 1853, and allowed by the prothonotary. To this the plaintiff excepted, and on July 12, 1854, the court referred it back to prothonotary for taxation, and…
1Opinion of the Court
The opinion of the court was delivered
by Lowrie, J.
— We could not disturb this taxation of costs if we would, for we have not been furnished with the means of correcting it. And perhaps we would not if we could, for, to say the least, it is very unusual in chancery practice to allow appeals from decrees on mere questions of costs. Besides this, if a party thinks he may have to complain of the costs, he ought to see that they are taxed before he brings up his appeal from the decree, and not have two appeals in the same case. But it will do no harm to answer the complaint here made.
The…
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