Armstrong v. Levan
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: Of January Term 1885, No. 17. This was an action on t-he case by Hannah Levan against Ephraim Armstrong, the prothonotary of Berks comity, to recover damages caused the plaintiff by the wrongful and negligent failure of defendant to properly index a judgment entere I by the plaintiff against Enoch Rohrbach. The defendant- pleaded tlie general issue and the Statute of Limitations.
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Error to the Court of Common Pleas of Berks county: Of January Term 1885, No. 17. This was an action on t-he case by Hannah Levan against Ephraim Armstrong, the prothonotary of Berks comity, to recover damages caused the plaintiff by the wrongful and negligent failure of defendant to properly index a judgment entere I by the plaintiff against Enoch Rohrbach. The defendant- pleaded tlie general issue and the Statute of Limitations. On the trial, before Hag-enman, P. J., it appeared that on April 9,1874, the plaintiff entered tlie judgment in question in tlie Court of Common Pleas of Berks…
1Opinion of the CourtJustice Paxson
The defendant below was sued for breach of official duty as prothonotary in not properly entering a judgment, by means whereof its lien was postponed and the plaintiff suffered a loss.
The defendant pleaded the general issue and the Statute of Limitations. To meet the plea of the statute the plaintiff called a witness, who testified as follows: “ After I discovered that there was no judgment in favor of Hannah Levan against Enoch Rohrbach, but there was one against Enoch Rothenberger, which I knew from the number to be meant as the one against Rohrbach, I went to see Air. Armstrong in…
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