Hartley v. Weideman

Citations

• 28 Pa. Super. 50
• 1905 Pa. Super. LEXIS 133

Syllabus

<p>Appeals — Taxation of costs — Record.</p> <p>An appellate court will not review a taxation of costs by the common pleas where the adjudication complained of relates to the number and materiality of the witnesses in attendance, the length of time they were in attendance, the number of miles traveled by them, or by the officer, or other person serving the subpoena, and similar matters of fact. These matters cannot be considered because the evidence upon which they are based is not brought up with the record. Errors of law, however, apparent on the face of the record will be reviewed.</p> <p>Costs — Taxation of costs — Affidavit—Burden of proof.</p> <p>Where the affidavit to a bill of costs, taxed without notice to the opposite party, is not made by the party filing it or his attorney, or by some person having such relation to the case that it may be presumed that he had knowledge of the essential facts, it ought to show affirmatively the source of the knowledge of the affiant in order to cast on the exceptant the burden of proving its inaccuracy.</p> <p>Practice, C. P. — Buies of court — Construction.</p> <p>Every court is the best judge of its own rules and the practice under them, and its decision as to its meaning, although made by a judge specially presiding, will not be reversed except for manifest error.</p>