Van Etten v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Sullivan county: Of January Term 1852, No. 422. Debt, by the Commonwealth of Pennsylvania, at the snggeslion of Thomas Norton et ah, against Henry Yan Etten, T. B. Pomeroy, Solomon Bahr and Philip Tubach, upon the official bond of said Yan Etten as prothonotary of Sullivan county, upon which bond the other defendants were sureties. Plea, nil debet, with leave, &e., and conditions performed.
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Error to the Court of Common Pleas of Sullivan county: Of January Term 1852, No. 422. Debt, by the Commonwealth of Pennsylvania, at the snggeslion of Thomas Norton et ah, against Henry Yan Etten, T. B. Pomeroy, Solomon Bahr and Philip Tubach, upon the official bond of said Yan Etten as prothonotary of Sullivan county, upon which bond the other defendants were sureties. Plea, nil debet, with leave, &e., and conditions performed. On the trial, before Ingham, P. J., the following facts appeared : Henry Yan Etten was elected prothonotary of Sullivan county and gave an official bond with the above…
1Opinion of the CourtChief Justice Mercur
*600The act complained of is clearly covered by the bond on which this suit is brought. The improper satisfaction of a judgment by the prothonotary, without authority is a breach of his official duty. It gives a right of action on his official bond to the person injured by such action.
It is no defence that it was done through an honest mistake or a clerical error. One of the conditions of the bond is that the prothonotary shall faithfully execute the duties of his office. His duty is to make no false entry on the recdrd. When duly authorized, it becomes his duty to mark a judgment satisfied. Here…
2Cited by3 opinions
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- Commonwealth v. RobertsSuperior Court of Pennsylvania · 1957