Becker v. Goldschild

Citations

• 9 Pa. Super. 50
• 1898 Pa. Super. LEXIS 114

Syllabus

<p>Costs — Writ of capias quashed without special order as to costs — Practice., G. P.</p> <p>An action of trespass commenced by capias was quashed but no ordet relating to costs was made. An execution for costs was issued against Ihe plaintiff which the court below refused to vacate. Held, that in formally refusing to set aside the execution the court decreed, in effect, that plaintiff should pay the costs and that there was no reversible error in so holding.</p> <p>Practice, C. P. — Costs noted by prothonotary — Taxation when nonessential.</p> <p>The long established practice in Philadelphia to allow executions for costs in the first instance, without formal taxation, in certain cases, upon notation upon the record by the prothonotary is sanctioned by the rules of court, contravenes no statute or rule of law, is of great value and convenience, and allows of ample protection from fraud or imposition by an appeal to the court.</p>