Legal Opinion

Ziegler v. Commonwealth

Supreme Court of Pennsylvania

Decided September 15, 1849PublishedCited by 9 opinions

In error from the Common Pleas of Butler. Debt against the sureties of a prothonotary on the official bond. The plaintiff, when about to purchase land, procured from the prothonotary the following certificate of judgments against the vendor: “Butler County, ss.

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In error from the Common Pleas of Butler. Debt against the sureties of a prothonotary on the official bond. The plaintiff, when about to purchase land, procured from the prothonotary the following certificate of judgments against the vendor: “Butler County, ss. “After a careful examination of the records in my office, I do certify that there are no judgments against John Melvin, except one, which William Bell has, which amounts to $150, with interest from 13th April, 1836. “ Certified from the record this 13th October, 1840. “Jacob Ziegler, Pro.” A note was added in these words: “ Mr. Melvin…

1Opinion of the CourtBurnside, J.

(after stating the case).—In support of the first alleged error, it is contended that there is no Act of Assembly which makes it the duty of the prothonotary to make searches and give certificates of the liens of judgments, and this duty is performed in England by solicitors. In Pennsylvania it has ever been a portion of the duty of a prothonotary; it is an incident to his office as a keeper of the records of the county. The fee bill gives him compensation for searches and for certificates. He is the fit person to make such examinations, and the only person that the common law of the State…

2Cases cited2 opinions

  1. Work v. HoofnagleSupreme Court of Pennsylvania · 1795
  2. Brown v. GraySupreme Court of Pennsylvania · 1836

3Cited by9 opinions

  1. Commonwealth ex rel. Orris v. RobertsSupreme Court of Pennsylvania · 1958
  2. Raitport v. Provident National BankDistrict Court, E.D. Pennsylvania · 1978
  3. Philadelphia v. Anderson, Pennsylvania Court of Common Pleas, Philadelphia County1891
  4. Petticord v. JoyceSupreme Court of Pennsylvania · 1987
  5. Commonwealth ex rel. Orris v. RobertsSupreme Court of Pennsylvania · 1958

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