Supreme Court of Pennsylvania, 1878

McCauley's Appeal

McCauley's Appeal
Supreme Court of Pennsylvania · Decided February 11, 1878 · Agnew, Jordon, Merour, Paxson, Sharswood, Trunkey, Woodward
86 Pa. 187; 1878 Pa. LEXIS 38

McCauley's Appeal

Opinion of the Court

The judgment of the Supreme Court was entered,

Per Curiam.

— 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.