Litz v. Kauffman

Decided May 18, 1875

Supreme Court of Pennsylvania · decided 1875-05-18

No. 22 Jan. Term, 1885. The jury in this ease decided in favor of the plaintiff. A number of witnesses were subpoenaed, who attended Court, but were not called. The costs belonging- to these witnesses were ■ put in plaintiff’s bill. The defendant excepted to these costs, and demanded a retaxation. The Prothonotary decided that the witnesses were entitled to their fees.

Decided 1875-05-18

¶1 *229The Supreme Court quashed the writ of error on the 18th of May, 1875. in the following opinion :

Per Curiam.

¶2The materiality of witnesses in a trial before a jury depends on facts known to the Court below. Its discretion in the allowance of tees to the witnesses depeuda ou evidence which the. record does not bring up here. A writ of error reaches the record only. We can correct those errors only which the record shows. A writ of error therefore does not lie; McCauley’s Appeal, 5 Norris 187. We may, however, add that this case is right ou the merits.

¶3Writ quashed.