Commonwealth v. West
Supreme Court of Pennsylvania
On a writ of error to the District Court for the city and county of Philadelphia, it appeared, that this was a scire facias, issued to the December Term, 1827, by the Commonwealth of Pennsylvania, against Timothy Matlack, late prothonotary of the said court, and William West and George Worrell, his sureties, on a judgment for four thousand five hundred dollars, obtained on the 16th of Fehruary, 1824, on the prothonotary’s official bond.
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On a writ of error to the District Court for the city and county of Philadelphia, it appeared, that this was a scire facias, issued to the December Term, 1827, by the Commonwealth of Pennsylvania, against Timothy Matlack, late prothonotary of the said court, and William West and George Worrell, his sureties, on a judgment for four thousand five hundred dollars, obtained on the 16th of Fehruary, 1824, on the prothonotary’s official bond. A case, of which the following is the substance, was stated for the opinion of the court below, to be considered as a special verdict. Timothy Matlack was…
1Opinion of the Court
*31The opinion of the court was delivered by
Gibson, C. J.
There cannot be a doubt, that the prothonotary
himself would be liable; not, however, by force of the bond, but the act of assembly. Although it be expressed in the act, that he shall account as if he had been in office at the time of receiving, the plain meaning is, that he shall account as if the fees had been received when he was in office. He is to account only for the excess above a given sum, which it would be impossible to ascertain, as no one could tell what would have been the amount of his receipts had he remained in the office.…
2Cases cited4 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Commonwealth v. WolbertSupreme Court of Pennsylvania · 1814
- Roth v. MillerSupreme Court of Pennsylvania · 1827
- Warner v. RaceyNew York Supreme Court · 1822
3Cited by32 opinions
- United States v. FordCourt of Appeals for the Tenth Circuit · 2010
- State v. BuckSupreme Court of Louisiana · 1894
- United States v. FriasCourt of Appeals for the Tenth Circuit · 2018
- Saint Paul Mercury Indemnity Co.'s AppealSupreme Court of Pennsylvania · 1937
- United States v. MillerCourt of Appeals for the Tenth Circuit · 2010
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