Irwin v. Hanthorn

Citations

• 6 Pa. Super. 165
• 1897 Pa. Super. LEXIS 331

Syllabus

<p>Practice, Superior Court — Appeals—Sufficiency of bail.</p> <p>Under the act of 1895 an appeal to the Superior Court was not effectual unless bail for the costs of the appeal be given, and an appeal was dismissed where the judge of the court below, on exception taken to the sufficiency of the bail bond, made the following order: “After hearing I decline to approve wilhin bond, because not signed by the plaintiff, and the insufficiency of the security offered.”</p> <p>Appeal — Practice, C. P. — Execution for costs.</p> <p>An appeal will not be sustáined assigning error in ah execution for costs based on the assumption that they had not been taxed by the prothonótary where the record of the proceedings prior to the execution has neither been printed nor brought up, and. where there is no allegation that the appellant filed exceptions or made any effort to have the legality of the costs adjudicated in the regular way.</p> <p>Costs — Taxation—Practice, C. P.</p> <p>Conceding that the court has the inherent power to determine in a summary way the legality of costs, the orderly and usual method of invoking the exercise of the power is by filing exception, entering a rule to have the costs taxed or relaxed before the prothonotary, and appealing from his decision to the court of common pleas.</p>