Judges: Agnew, Jordon, Merour, Paxson, Sharswood, Trunkey, Woodward
Filed Date: 2/11/1878
Status: Precedential
Modified Date: 11/13/2024
The judgment of the Supreme Court was entered,
— No appeal lies from a taxation of costs by the Court of Common Pleas to this court. A writ of error reaches only the record, and errors apparent on the record only can be corrected. The materiality of witnesses in a trial before a jury depends on facts known to the court below, whose discretion in the allowance of fees to the witnesses cannot be re-examined without the evidence, which is not brought up either by appeal or certiorari.
The appeal and certiorari in this case quashed, at the cost of the plaintiff in error.