Stackhouse v. Lyon

Citations

• 17 Pa. Super. 397
• 1901 Pa. Super. LEXIS 325

Syllabus

<p>Costs — Continuance—Discretion of court.</p> <p>Where a ease is continued at the request of and at the cost of defendant, and at the next term the defendant obtains a money judgment in his favor, on which the money is made, and thereafter the plaintiff files a bill of costs for the term at which the continuance was granted and issues execution thereon, the court cannot be convicted of error in refusing to strike off the execution. The defendant could have ruled the plaintiff to file his bill of costs before he issued execution to collect his judgment on the verdict. The whole proceeding is largely a matter of practice, and is subject to the discretionary direction in the court below.</p>