McGibbeny v. Jefferson Gas Co.

Citations

• 139 Pa. 193
• 21 A. 5
• 1891 Pa. LEXIS 971

Syllabus

<p>1. An appeal from an order refusing to set aside an execution for costs will be dismissed, when there is nothing upon the face of the plaintiff’s bill, nor on the record itself, showing what portion of the costs claimed, if any, were uncollectible.</p> <p>2. If any portion of the costs was recoverable, the plaintiff was entitled to his execution to collect them; and, if the defendant had cause to complain of any of the items, it was his duty to have them taxed by proceedings in the court below.</p>