The Lancaster Law Review Volume 5

The Lancaster Law Review Volume 5

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ...action of trespass against a constable. The case was arbitrated on a rule taken by plaintiff and award in his favor. The defendant asked to enter an appeal in forma pauperis without payment of costs or entry of security, stating in his petition that he had a just defense to the action. We gather from the case that the defendant did not appear or did not disclose his case before the arbitrators. The court required the defendant to file an affidavit seting forth his defense, and upon this being done allowed an appeal as prayed for. In the cases before us the plaintiff has filed declarations which sufficiently show his cause of action, and he is allowed to appeal without payment of costs or entering of security. C. P. No. 1 OF PHILADELPHIA CO. Mungan vs. Jones. Costs--Service of subpoena--Fee for. service--Act of April 1,1887. It is not requisite for a subpoena to be served by a sheriff or constable in order to be taxed as costs. Appeal from taxation of costs by prothonotary. On taxation, plaintiff claimed for service of subpoenas by himself or by his counsel's clerk. The prothonotary allowed the sum of fifty cents for each witness served. Defendant objected, and appealed on the ground that as thirty of the services were prior to the act of April 1, 1887, the fee was twelve and a half cents, and for those since the act, fifteen cents each. William C. Hannis, for appellant. A constable is entitled to the same fee as the sheriff. Coleman vs. Hess, 1 Brown, 274. C. P. OF LUZERNE COUNTY. Roberts vs. Cross. Opening Judgment. A rule to show cause why a judgment should not be opened is a substitute for a bill in equity. The burden of proof rests on the defendant, and where his testimony is uncorroborated and is flatly contradicted by that of the plaintiff, more

Product details

  • Paperback | 300 pages
  • 189 x 246 x 16mm | 540g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 123661318X
  • 9781236613189