Commonwealth v. Roberts

Opinion by

Ervin, J.,

This is an appeal by plaintiff from the order of the Court of Common Pleas of Allegheny County sustaining preliminary objections in the nature of a demurrer and entering judgment in favor of the defendants in an action in assumpsit brought by Pete Orris, an individual, against David B. Roberts, Prothonotary of Allegheny County, and the Continental Casualty Company, as surety on the prothonotary’s bond.

The pertinent facts which are not in dispute are stated in the opinion of the court below as follows: “Peter Orris, the use plaintiff in this action, is the payee in a…