Newhard v. Newhard

Lehigh County Court of Common Pleas

Newhard v. Newhard

10 Pa. D. & C. 310, 1927 Pa. Dist. & Cnty. Dec. LEXIS 343

CourtPennsylvania Court of Common Pleas, Lehigh County

DecidedJune 6, 1927

DocketNo. 139

StatusPublished

This text of 10 Pa. D. & C. 310 (Newhard v. Newhard) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lehigh County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Newhard v. Newhard, 10 Pa. D. & C. 310, 1927 Pa. Dist. & Cnty. Dec. LEXIS 343 (Pa. Super. Ct. 1927).

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Opinion

Reno, P. J.,

Respondent prays that an order be granted requiring libellant to pay the costs of the proceeding, and, in default thereof, that the case be dismissed. A final decree has not been entered in the case, and, consequently, the time has not arrived when costs may be awarded. The Act of March 13, 1815, § 12, 6 Sm. Laws, 289, provides that “the said court may award costs to the party in whose behalf the sentence or decree shall pass, or that each party shall pay his or her own costs as to them shall appear to be reasonable and just.” This court entered a decree in favor of libellant and directed the costs to be paid by respondent. From that decree an appeal was taken to the Superior Court, which reversed the decree and remitted the record for further proceedings in this court: Newhard v. Newhard, 86 Pa. Superior Ct. 537. Since then no sentence or decree has been passed, and, hence, we are powerless to award costs.

Now, June 6, 1927, the rule to show cause is discharged.

From Edwin L. Kohler, Allentown, Pa.

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Reno, P. J.,

Respondent prays that an order be granted requiring libellant to pay the costs of the proceeding, and, in default thereof, that the case be dismissed. A final decree has not been entered in the case, and, consequently, the time has not arrived when costs may be awarded. The Act of March 13, 1815, § 12, 6 Sm. Laws, 289, provides that “the said court may award costs to the party in whose behalf the sentence or decree shall pass, or that each party shall pay his or her own costs as to them shall appear to be reasonable and just.” This court entered a decree in favor of libellant and directed the costs to be paid by respondent. From that decree an appeal was taken to the Superior Court, which reversed the decree and remitted the record for further proceedings in this court: Newhard v. Newhard, 86 Pa. Superior Ct. 537. Since then no sentence or decree has been passed, and, hence, we are powerless to award costs.

Now, June 6, 1927, the rule to show cause is discharged.

From Edwin L. Kohler, Allentown, Pa.

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Bluebook (online)

10 Pa. D. & C. 310, 1927 Pa. Dist. & Cnty. Dec. LEXIS 343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newhard-v-newhard-pactcompllehigh-1927.

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