Adams v. Commonwealth ex rel. Ashby ( 1810 )

OPINION of the Court, by

Ch. J. Boyle.

The person on whose information a prosecution upon a recognizance to keep the peace has been instituted, is not required by law to be made a party to the prosecution, nor subject to pay the costs upon the failure of the prosecution. It seems therefore, that Ashby was unnecessarily made a party in the writ of error and ought sot to be subject to the payment of costs.

Wherefore it is considered that the former judgment of this court, so far as it relates to the costs be annulled and set aside, and that ⅛ other respects it stand unaltered and affirmed.