Whitney v. Hopkins
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF SUSQUEHANNA COUNTY. No. 142 January Term 1890, Sup. Ct.; court below, No. 244 August Term 1889, C. P. On June 1, 1889, a judgment in favor of F. M. Whitney against James Hopkins, for $4,765.65, with interest from June 1,1889, was entered by the prothonotary, upon Hie filing of articles of agreement, under seal, between F. M. Whitney and James Hopkins, dated April 9, 1884, wherein Whitney covenanted to sell and convey to…
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF SUSQUEHANNA COUNTY. No. 142 January Term 1890, Sup. Ct.; court below, No. 244 August Term 1889, C. P. On June 1, 1889, a judgment in favor of F. M. Whitney against James Hopkins, for $4,765.65, with interest from June 1,1889, was entered by the prothonotary, upon Hie filing of articles of agreement, under seal, between F. M. Whitney and James Hopkins, dated April 9, 1884, wherein Whitney covenanted to sell and convey to Hopkins a tract of land in Jackson township, provided that Hopkins performed his covenants therein at the time mentioned,…
1Opinion of the Court
Opinion,
Mr. Justice Williams:
The learned counsel for the appellant is right in the general proposition on which he rests his appeal. The prothonotary of the Court of Common Pleas is merely the clerk of the court. He has no authority, virtute officii, to act as the clerk, agent, or attorney of any person. It is his duty to record upoh the minutes of the court all judgments rendered by or confessed before the court whose clerk lie is. Tf he is not personally present, the court may direct any competent bystander to make the entries upon the record; for the legal effect of such entries does not…
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